April 7, 2023 –
Legislative Session 2023: Week Five

The fifth week of the Legislative Session comes to a close today and bills are moving through the Florida House and Senate. Gunster’s Government Affairs team is working hard, closely tracking legislation and meeting with legislators to monitor and lobby on behalf of our clients.

Below is a weekly update from Gunster’s Government Affairs Consultants with a summary of the issues of the week and how they may impact your business, a recap of bills that are moving through the Legislature and a close look at this week’s happenings around the capital city.

LEGISLATION WATCH

NOTE

The focus for legislative activity in the second half of the session will begin to shift more toward floor sessions as the work of the House and Senate committees winds down. Committees and subcommittees will continue to hold regular meetings through April 25, but the number of bills still awaiting hearings in committee is dropping steadily. A couple of House non-budget policy subcommittee chairs and Senate committee chairs has told members that they may not meet again this session, though all those panels could potentially meet until the April 25 deadline.

EDUCATION

SB 1564 / HB 891 – Year-round School Pilot Program: A measure that would create a year-round school pilot program at a limited number of elementary schools was unanimously approved in its first Senate committee stop on Tuesday. The program would be in place for four years and would start up next year. Participants would include five districts approved by the state education commissioner. Of the five districts at least one elementary school within the district would be part of the year-round program. A similar House companion is in position for a full House vote.

CRIMINAL AND CIVIL JUSTICE

HB 755 / SB 1260 – Asbestos and Silica Claims: adds extra requirements for a claimant seeking to recover damages for an asbestos or silica related injury under the Act. Specifically, the bill requires a claimant to file a sworn statement within 30 days of initiating a lawsuit alleging an asbestos or silica related injury. The bill also requires the statement to include an extensive list of detailed information related to the exposure of the claimant to the asbestos or silica or, if the exposure was through another person, that person’s exposure. However, the bill shields the information provided in the claimant’s statement from being admissible at trial.  

The House bill sponsored by Representative Tom Fabricio was reported favorably out of its first committee of reference by a 12-5 vote. The Senate companion measure, SB 1260 by Senator Jay Trumbull, was reported favorably out of the Senate Committee on Judiciary on Tuesday.

PUBLIC SAFETY

SB 262 / HB 1547 – Technology Transparency: The bill requires certain businesses to publish a privacy policy for personal information and defines “personal information” as information that is linked or reasonably linkable to an identified or identifiable consumer or household, including biometric information and unique identifiers to the consumer. The term does not include certain public information, certain employee information, or deidentified or aggregate information.

The bill gives consumers rights related to personal information collected by certain businesses with over $1 billion in gross annual revenues, including:

· The right to access personal information collected;

· The right to delete or correct personal information; and

· The right to opt-out of the sale or sharing of personal information.

The bill provides that online platforms predominantly accessed by children may not, except under certain situations:

· Process personal information of or profile a child.

· Collect, sell, share, or retain personal information or geolocation of a child.

· Use a child’s personal information for any unstated reason.

· Use dark patterns to obtain more information of a child than necessary.

· Use collected information to estimate age for any other reason.

The bill allows the Department of Legal Affairs (DLA) to enforce such rights by bringing an action against, and collecting civil penalties from, online platforms or businesses that violate a consumer’s rights as provided in the bill. A consumer whose personal information has been sold or shared after opting-out, or has been retained after a request to delete or correct such information may also bring a cause of action on his or her own behalf.

The bill also adds “biometric information or genetic information” and “geolocation” to the definition of “personal information” under the Florida Information Protection Act. As such, entities in possession of such information must take reasonable measures to protect biometric and genetic information and report data breaches.

The bill provides that certain government employees may not request that a social media platform remove content or accounts and prohibits a governmental entity from working with a social media platform for the purpose of content moderation, with certain exceptions.

The measure, sponsored by Representative Fiona McFarland, received unanimous support members on the Regulatory Reform & Economic Development Subcommittee. The Senate companion, SB 262 by Senator Jennifer Bradley also received unanimous support during Tuesday’s Committee on Commerce and Tourism meeting.

HEALTH CARE

SB 300/HB 7 – Pregnancy and Parenting Support: SB 300 was debated and considered in the Senate chamber on Monday. The measure passed largely along partisan lines by a 26-13 vote. It will now head to the House in Messages for their consideration. The House bill is eligible to be placed on the Special Order Calendar and considered by the whole body.

HB 1403 / SB 1580 – Protections of Medical Conscience: the bill, among other changes, would establish a health care provider’s or health care payor’s right to decline to participate in any health care service, including treatment and research, that violates that provider’s or payor’s sincerely held religious, moral or ethical beliefs. The bill establishes the way health care providers and students must raise a conscience-based objection. The bill would also prohibit individuals and entities from discriminating against a health care provider or payor on the basis of conscience-based objection. The bill provides civil immunity to health care providers and health care payors for exercising their right of conscience and provides whistleblower protections.

HB 1403 by Representative Joel Rudman was reported favorably out of the House Healthcare Regulation Subcommittee by a 12-5 partisan vote. The Senate companion, slightly different than the House version, was reported favorably out of the Senate Committee on Health Policy on Tuesday by a 9-3 vote.

CHILD WELFARE AND FAMILY LAW

SB 1416/HB 1409 – Dissolution of Marriage: the proposed legislation would not end permanent alimony on existing agreements – legislation that has been filed and vetoed three times in the past; however, the proposal would provide a process for ex-spouses paying alimony to modify an existing agreement when they want to retire. SB 1416 by Senator Joe Gruters was reported favorably by the Senate Rules Committee on Wednesday by a 15-2 vote. HB 1409 by John Temple, was reported favorably out of its first committee stop in the House last week.  

GENERAL GOVERNMENT

SB 1066 / HB 131 – Recall of County Officers and Commissioners: the joint resolution proposes amending the Florida Constitution to allow the Legislature to provide by general law for the recall of any county officer or commissioner.

The joint resolution, if passed by the Legislature, would be considered by the electorate at the next general election on November 5, 2024, where it must be approved by at least 60 percent of the electors voting on the measure. If approved at this election, the proposed constitutional amendment will take effect January 7, 2025.

HB 131 by Representative Joel Rudman has been reported favorably out of all its committees of reference and is eligible to be placed on the House Special Order Calendar. The Senate companion, SB 1066 by Senator Jay Collins was reported favorably by the Committee on Community Affairs on Wednesday. The bill has one more committee stop before it becomes eligible to be placed on the Senate Special Order Calendar.   

CONFIRMATIONS

Senate Confirmation Hearings

The Senate Committee on Criminal Justice held executive appointment confirmation hearings for the following persons and corresponding offices:

Secretary of Corrections

Ricky Dixon, Pleasure of Governor – Vote: 6 Yeas 0 Nays (Recommended Confirm)

Secretary of Juvenile Justice

Eric Hall (Tallahassee), Pleasure of Governor – Vote: 6 Yeas 0 Nays (Recommended Confirm)

Executive Director of Department of Law Enforcement

Jeffrey Mark Glass, Pleasure of Governor and Cabinet – Vote: 6 Yeas 0 Nays (Recommended Confirm)

The Senate Committee on Education Pre-K – 12 held executive appointment confirmation hearings for the following persons and corresponding offices:

State Board of Education

Esther Byrd (Neptune Beach), Term Ending on December 31, 2025 – Vote: 12 Yeas 0 Nays (Recommended Confirm)

Grazie Christie (Key Biscayne), Term Ending on December 31, 2025 – Vote: 12 Yeas 0 Nays (Recommended Confirm)

The Senate Committee on Transportation held executive appointment confirmation hearings for the following persons and corresponding offices:

Central Florida Expressway Authority

Rafael E. Martinez (Orlando), Term Ending on December 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Christopher Maier (Orlando), Term Ending on December 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Secretary of Transportation

Jared W. Perdue (Windermere), Pleasure of Governor – Vote: 7 Yeas 2 Nays (Recommend Confirm)

The Senate Committee on Ethics and Elections held executive appointment confirmation hearings for the following persons and corresponding offices:

Board of Accountancy

Williams Blend (Orlando), Term Ending on October 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Michelle Maingot (Tampa), Term Ending on October 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Brent D. Sparkman (Tallahassee), Term Ending on October 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Florida Board of Auctioneers

Ransom Reed Hartman (Palm City), Term Ending on October 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Florida Athletic Commission

Jeremy D. Wehby (Plantation), Term Ending on September 31, 2024 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Florida Building Commission

Asael Marrero (Miami), Term Ending on January 12, 2027 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Bradley Williams Schiffer (Naples), Term Ending on August 11, 2023 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Frederick C. Schilling Jr. (Boca Raton), Term Ending on January 31, 2027 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

James R. Schock, Term Ending on February 7, 2025 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Stephen Wilcox (Sumterville), Term Ending on January 6, 2025 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Chiropractic Medicine

Walter Calvin Melton Jr. (Tallahassee), Term Ending on October 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Florida Citrus Commission

Carlos H. Martinez (Orlando), Term Ending on June 30, 2024 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling

Joaquin Molina (Miami), Term Ending on October 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Trustees of Broward College

Cindy Kushner (Fort Lauderdale), Term Ending on May 31, 2023 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Alexis M. Yarborough (Fort Lauderdale), Term Ending on May 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Trustees of Hillsborough Community College

Gregory Celestan (Tampa), Term Ending on May 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Trustees of Indian River State College

Madhu Sasidhar (Port St. Lucie), Term Ending on May 31, 2025 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Joseph “Brantley” Schirard Jr. (Fort Pierce), Term Ending on May 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Milo Thornton (Vero Beach), Term Ending on May 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Trustees of Pensacola State College

Gordon J. Sprague, Term Ending on May 31, 2025 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Trustees of Seminole State College

Gordon J. Sprague (Gulf Breeze), Term Ending on May 31, 2025 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Construction Industry Licensing Board

Franklin hill Cawthon Jr. (Windemere), Term Ending on October 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Jonathan T. Cook (Chipley), Term Ending on October 31, 2023 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Trustees for the Florida School for the Deaf and the Blind

Christine M. Chapman (St. Augustine), Term Ending on November 13, 2025 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Ralph V. Hadley III (Winter Park), Term Ending on November 20 , 2025 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Owen B. McCaul, Term Ending on December 10, 2025 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Thomas M. Zavelson (Gainesville), Term Ending on November 7, 2023 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Dentistry

Christine Bojaxhi (Jacksonville), Term Ending on October 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Thomas K. McCawley (Fort Lauderdale), Term Ending on October 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Assad S. Mirza (Plantation), Term Ending on October 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Education Practices Commission

Joseph F. Goodwin (Pace), Term Ending on September 30, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Sallie Murphy (Quincy), Term Ending on September 30, 2024 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Commission on Ethics

Glenton Gilzean Jr. (Ocoee), Term Ending on September 30, 2024 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Ed H. Moore (Tallahassee), Term Ending on September 30, 2023 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Fish and Wildlife Conservation Commission

Steven W. Hudson (Fort Lauderdale), Term Ending on August 01, 2027 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Gary L. Lester (Oxford), Term Ending on August 01, 2027 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Albert R. Maury (Coral Fables), Term Ending on August 01, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Gary T. Nicklaus (Tequesta), Term Ending on August 01, 2027 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Sonya A. Rood (St. Augustine), Term Ending on January 06, 2027 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Hearing Aid Specialists

Pamela Farber Dechmerowski (Palm Bay), Term Ending on October 31, 2023 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Commission for Independent Education

Burton Williams III (Lakewood Ranch), Term Ending on June 30, 2023 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Governor’s Mansion Commission

Kathleen Kelly (Thomasville), Term Ending on September 30, 2025 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Optometry

Katie Gilbert Spear (Escambia), Term Ending on October 31, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Pilot Commissioners

Thomas Jason Hodge (Fleming Island), Term Ending on October 31, 2023 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Board of Podiatric Medicine

Cary M. Zinkin (Mount Dora), Term Ending on October 31, 2023 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Jacksonville Port Authority

John Palmer Clarkson (Jacksonville), Term Ending on September 30, 2025 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Governing Board of the Northwest Florida Water Management District

Ted Everett (Chipley), Term Ending on March 1, 2025 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Nicholas Jimmy Patronis (Panama City), Term Ending on March 1, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

George A. Roberts (Panama City), Term Ending on March 1, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Anna H. Upton (Tallahassee), Term Ending on March 1, 2024 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Governing Board of the South Florida Water Management District

Ronald M. Bergeron (Weston), Term Ending on March 1, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Governing Board of the Southwest Florida Water Management District

Elijah D. Armstrong III (Dunedin), Term Ending on March 1, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

James W. Holton (St. Petersburg), Term Ending on March 1, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Dustin Rowland (Dade City), Term Ending on March 1, 2027 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Robert Gary Stern (Tampa), Term Ending on March 1, 2026 – Vote: 9 Yeas 0 Nays (Recommend Confirm)

Secretary of State

Cord Byrd (Neptune Beach), Pleasure of Governor, Votes: 10 Yeas 0 Nays (Recommend Confirm)

The Senate Committee on Banking and Insurance held executive appointment confirmation hearings for the following persons and corresponding offices:

Executive Director, Citizens Property Insurance Corporation

Timothy M. Cerio (Tallahassee), Pleasure of the Board

The Senate Committee on Education Postsecondary held executive appointment confirmation hearings for the following persons and corresponding offices:

Board of Governors of the State University System

Craig C. Mateer (Orlando), Term Ending on January 6, 2026 – Vote: 8 Yeas 0 Nays (Recommend Confirm)

Board of Trustees, Florida State University

Justin Roth (McLean), Term Ending on January 6, 2026 – Vote: 8 Yeas 0 Nays (Recommend Confirm)

Board of Trustees, Florida Gulf Coast University

Richard P. Eide Jr., Term Ending on February 28, 2028 – Vote: 8 Yeas 0 Nays (Recommend Confirm)

Board of Trustees, Florida International University

Rogelio “Roger” Tovar (Coral Gables), Term Ending on January 25, 2028 – Vote: 8 Yeas 0 Nays (Recommend Confirm)

Board of Trustees, New College of Florida

Ryan Anderson (Leesburg), Term Ending on January 25, 2028 – Vote: 5 Yeas 2 Nays (Recommend Confirm)

Jason “Eddie” Speir (Bradenton), Term Ending on January 6, 2025 – Vote: 5 Yeas 2 Nays (Recommend Confirm)

Matthew Spalding (Arlington), Term Ending on January 6, 2028 – Vote: 5 Yeas 2 Nays (Recommend Confirm)

Christopher F. Rufo (Olympia), Term Ending on January 6, 2026 – Vote: 5 Yeas 2 Nays (Recommend Confirm)

Charles R. Kesler (Pasadena), Term Ending on January 6, 2025 – Vote: 5 Yeas 2 Nays (Recommend Confirm)

Debra A. Jenks (Palm Beach Gardens), Term Ending on January 6, 2026 – Vote: 5 Yeas 2 Nays (Recommend Confirm)

Mark Bauerlein (Alexandria), Term Ending on January 6, 2026 – Vote: 5 Yeas 2 Nays (Recommend Confirm)

Board of Trustees, Florida Polytechnic University

David B. Williams (Worthington), Term Ending on July 15, 2024 – Vote: 8 Yeas 0 Nays (Recommend Confirm)

Board of Trustees, University of Florida

Patrick Zalupski (Ponte Vedra Beach), Term Ending on January 6, 2028 – Vote: 8 Yeas 0 Nays (Recommend Confirm)

BUDGET

This week, the Florida State Senate and House voted to approve their respective budget proposals. The Senate proposal totals $113.7 billion which is $1 billion less than Governor Ron DeSantis’ proposed budget, while the House proposal of $113 billion is $2 billion less. The Senate Appropriations Committee approved 200 amendments changing the Senate’s proposed spending plan on Tuesday. Both budgets have raises for state employees, infrastructure, and land acquisition.

The Chamber proposals have differences that they will have to work out: The House proposal does not include funding for Visit Florida while the Senate includes $80 million. Education is another big difference between the two budget proposals. They bother differ on how to pay for the newly signed universal school voucher program. The Senate has $100 million more than the House. The House proposed $210 million with an additional $110 million set aside in their budget, if needed. The Senate has it at $647 million with an additional $350 million if more than the estimated number of students choose to participate in the program.

Both House and Senate propose an additional $2 billion on education which equates to more than a 4% increase per student. The House proposes a plan to pass down money to school districts in a new way, more of a “lump sum approach” while the Senate is skeptical and is not ready to change the formula. The House plan has an additional $250 million for teachers and school staff raises while the Senate has $200 million. Another difference between the two chamber budget proposals is the amount of money to expand the State Guard. The House proposal is a little over $100 million which is more than the Governor’s proposed budget while the Senate does not include anything for the State Guard.

Both chambers will now head into a budget conference where both sides will have to agree on a budget to send to Governor DeSantis for his consideration.

EXECUTIVE NEWS

Reedy Creek

In a letter sent to the Chief Inspector General, Ms. Melinda Miguel, Governor Ron DeSantis requests the Chief Inspector General of the State of Florida, in consultation with the Florida Department of Law Enforcement, launch a thorough review and investigation into the actions of the Reedy Creek Improvement District (RCID) Board of Supervisions.

On February 27, 2023, Governor DeSantis signed House Bill 9-B, Reedy Creek Improvement District, Orange, and Osceola Counties, which replaced the locally controlled RCID with a new Central Florida Tourism Oversight District (CFTOD), and appointed five new members to the CFTOD board. Recently, the new board members informed the public that they had been informed that, shortly before the enactment of HB 9-B, the RCID board of Supervisors attempted to enter into last-minute development and restrictive covenant agreements with Walt Disney Parks and Resorts U.S., Inc (Walt Disney World), designed to circumvent the authority of the new board.

Governor DeSantis, in the letter, suggested the state Chief Inspector General to analyses the following:

• RCID’s adherence to applicable Florida civil and criminal laws and ethics requirements;
• The qualifications of RCID’s prior Board of Supervisors and the legal validity of their actions;
• The involvement of Walt Disney World employees and agents in the execution of RCID’s actions;
• Any financial gain or benefit derived by Walt Disney World as a result of RCID’s actions and RCID’s justifications for such actions;
• All RCID board, employee, or agent communications related to RCID’s actions, including those with Walt Disney World employees and agents; and
• All RCID board, employee, or agent communications related to House Bill 9-B, Reedy Creek Improvement District, Orange, and Osceola Counties, and the CFTOD.  

Bills Received from the Legislature

Governor Ron DeSantis approved 2 bills this week, including the Public Safety bill which authorizes a person to carry a concealed weapon with or without a valid license to carry a concealed weapon.

*For more information, click the link to read previous Weekly Legislative Updates.

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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.

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