Executive Update:

On Monday, Governor DeSantis lowered the eligibility age to receive the COVID-19 vaccination to 60 and announced today starting Monday will lower to age 50. In Florida as of Tuesday, About 2.5 million people have been fully vaccinated against COVID-19.

Governor DeSantis met with top brass at the state’s parimutuels and with the Seminole Tribe of Florida as part of a push to pass gaming legislation this Session.

Governor DeSantis is proposing a $3,000 bonus for Florida teachers who complete civics education training and certification. He would also like graduating seniors to pass a civics test similar to what hopeful U.S. citizens take when pursuing citizenship. 

Leadership Notes:

Capitol to remained closed – The Florida Capitol is expected to remain closed to the public for the rest of the legislative session because of the COVID-19 pandemic. Senate President Wilton Simpson doesn’t anticipate lifting health precautions before the scheduled April 30th end of the session. Leadership hopes that by next year we can go back to a much more traditional model for public access in the Capitol building. 

Stimulus funds coming to Florida – The Governor proposed Tuesday $4.1 billion in recommended spending from the $9 billion to $10 billion that Florida can expect to receive from the $1.9 trillion relief package that was signed last week. Some of the major spending proposals include:

Providing Assistance to Floridians

$208.4 Million (FY 20-21) – Direct Payments to Pandemic First Responders
$73.2 Million (FY 21-22) – Re-Employment Assistance Modernization
$56.6 Million (FY 21-22) – Re-Employment Assistance Operations
$72 Million (FY 21-22) – Behavioral Health System Modernization

Promoting Economic Development and Recovery 

$258.2 Million (FY 20-21) – Relief for Florida’s Seaports
$150 Million (FY 21-22) – Florida Job Growth Grant Fund
$50 Million (FY 21-22) – VISIT FLORIDA
$50 Million (FY 21-22) – Economic Development Transportation Fund

Investing in Infrastructure, Resiliency and Readiness 

$938.4 Million (FY 20-21) – Transportation Work Program
$1 Billion (FY 21-22) – Resilient Florida Grant Program
$1 Billion (FY 21-22) – Emergency Management Response Fund
$41.7 Million (FY 21-22) – Florida National Guard Expansion

Workforce Training and Research 

$125 Million (FY 21-22) – Education and Employment Training Program
$60 Million (FY 21-22) – Workforce Development Capitalization Incentive Grants
$10 Million (FY 21-22) – Alzheimer’s Disease Research Program

President Simpson and Senate Appropriation Chair Kelli Stargel suggested using portions for nonrecurring projects. They don’t want to fill in the gap for recurring projects because once the money is gone it is gone. Speaker Sprowls has not commented on how he would like to distribute the funds.

Gunster Clients: The Florida Section of the American Water Works Association Utility Council (FSAWWA UC) and Florida Water and Environment Association (FWEA) held a virtual Tallahassee fly-in this week.  Gunster attorney Greg Munson and consultant Joanna Bonfanti planned this event in coordination with the associations and secured a virtual key note by Department of Environmental Protection Deputy Secretary John Truitt and virtual appointments with legislators Thursday and Friday.

Legislative Notes:

Bright Futures: Changes with Bright Futures Scholarships raised much controversy this week. SB 86 sponsored by Senator Dennis Baxley would reduce Bright Futures scholarships for students who pursue degrees deemed unlikely to lead to jobs. An amendment that was adopted changed the proposal from completely cutting certain majors to reducing the amounts awarded to students. The bill was approved by a Senate committee in a 5-4 party line vote. If this measure becomes law, the changes would go into effect in the 2023-2024 academic year. 

Alcohol to Go: During the early stages of the COVID-19 pandemic, Governor DeSantis signed an executive order allowing restaurants to sell alcohol as part of a carry out order. This was intended to help restaurants who were suffering during the shutdown. Legislation filed this Session by Representative Josie Tomkow would make this measure permanent. If passed, HB 329 will allow restaurants and certain bars to sell or deliver alcoholic beverages in sealed containers when accompanied by food. The drinks would be required to be placed in locked compartments, vehicle trunks or in areas behind the last upright seats in vehicles. In House testimony, some members believe this change could keep people from drinking at restaurants and then driving home. SB 148 Sponsored by Senator Jennifer Bradley is similar to the House bill and both the House and Senate bills have passed all committees and ready to be heard on the floor for a final vote. 

Property Insurance and COVID-19 Liability – This week in the House, Chairman Bob Rommel’s House Bill 305, a property insurance reform bill was substantially changed from its original version.  The new language does not contain the strong provisions of Senate bill 76 sponsored by Chairman Jim Boyd which would, according to insurance professionals, begin to turn the property insurance market around from the current state of skyrocketing premiums approved by the Insurance Commissioner.

There was also a great deal of discussion in committees to explore ways to stem the enormous rate increases in property insurance that the Insurance Commissioner is approving because of many reasons, not the least of which is the almost 100,000 pending lawsuits currently filed against insurance companies.

COVID-19 liability bills aimed at protecting businesses and health care providers from lawsuits passed the Senate on Thursday after being merged into one bill. The proposal, SB 72 sponsored by Sen. Jeff Brandes, seeks to shield both businesses and health care providers.  

The House was originally advancing two separate bill proposals. House Bill 7005 sponsored by the House Judiciary Committee addresses liability protection for health care providers. The other measure, HB 7 sponsored by Rep. Lawrence McClure, provides protection for non-health care businesses had already passed the House. Late Thursday, legislative leaders from both Chambers stated that they have reached an agreement on the bills and anticipate moving the recently passed SB 72 through the process and on to the Governor’s desk for signature very soon.  

Confirmations – Gunster alum Simone Marstiller’s appointment as Secretary for the Agency for Health Care Administration is moving through the Senate confirmation process.  The Senate Health Policy Committee on Wednesday voted unanimously to approve Secretary Marstiller.  Her confirmation must still be approved by the full Senate.  She previously headed the Department of Juvenile Justice for Governor DeSantis.  

Gunster’s Government Affairs Team is committed to keeping you informed. If there is any way our team can be of service to you, please contact us.

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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.


About Gunster

Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 13 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Fort Lauderdale, Jacksonville, Miami, Naples, Orlando, Palm Beach, Stuart, Tallahassee, Tampa Bayshore, Tampa Downtown, Vero Beach, and its headquarters in West Palm Beach. With more than 280 attorneys and consultants, and over 290 committed professional staff, Gunster is ranked among the National Law Journal’s list of the 500 largest law firms and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practice areas, offices and insider’s view newsletters is available at www.gunster.com.

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