The Florida Legislature opened the 2024 Session on Tuesday, January 9th. The House and Senate met in a joint session Tuesday morning to receive Governor Ron DeSantis’ message during the annual State of the State Address. Governor Ron DeSantis focused on four key areas in his 2024 State of the State Address. He emphasized the state’s strong economic growth and discussed attracting businesses and investments, supporting small businesses, and reducing regulations to further foster economic growth. He also expressed his commitment to improving education by advocating for school choice, expanding vocational and technical education opportunities, and prioritizing student achievement and access to quality education. Additionally, Governor Ron DeSantis addressed challenges of climate change by highlighting efforts to protect natural resources, invest in clean energy, and implement policies to address sea-level rise and water quality. The final portion of the address focused on his dedication to public safety through measures such as supporting law enforcement, strengthening community partnerships to reduce crime, and combatting drug abuse and human trafficking. The full State of the State Address can be watched here: https://rumble.com/v460e4o-governor-desantis-delivers-the-state-of-the-state-address.html  

ISSUES TO WATCH IN 2024 SESSION

BUDGET

Governor Ron DeSantis has proposed his “Focus on Florida’s Future Budget” recommendations for the 2024-2025 fiscal year. The $114.4 billion spending plan represents a nearly 4 percent reduction from the current 2023-2024 budget. The budget also includes $16.3 billion in total reserves, which is over 14 percent of the total budget for the fiscal year. Governor Ron DeSantis’ proposed budget focuses on fiscal responsibility, debt reduction, and maintaining strong reserves. It also includes tax relief measures for homeowners and small businesses, as well as funding for retirement benefits for state employees. Democrats have expressed concerns about the budget, hoping to see more provisions addressing rising housing and insurance costs, as well as improvements at the Florida Department of Corrections. However, Republican leaders have dismissed these concerns, stating that the budget is still in its early stages and that the members of the legislature will have a chance to provide input.

HEALTH CARE

The Florida House and Senate have taken steps to expand access to healthcare and increase the number of physicians in the state.

HB 1549 – HEALTH CARE

The House Select Committee on Health Innovation unanimously approved a 315-page bill sponsored by Majority Leader Michael Grant. This comes after the Senate Fiscal Policy Committee approved the Senate version of the plan, which is a top priority for Senate President Kathleen Passidomo. Both bills aim to expand medical residency programs, allow doctors from other countries to practice in Florida, and create “advanced birth centers” that can provide cesarean-section deliveries for low-risk pregnancies. However, there are differences in the cost estimates, with the Senate version projected to cost about $800 million and the House version estimated at $580 million. While House and Senate Democrats support the bills, they have also called for expanding Medicaid coverage, which Republican leaders have opposed.

SB 7016/SB 7018 – HEALTH CARE

The Senate Fiscal Policy Committee unanimously advanced two health care bills known as the “Live Healthy” initiative. The purpose of this initiative, supported by Senate President Kathleen Passidomo, is to address the shortage of health care providers in Florida due to its growing population. The first bill, SB 7016, allocates $797 million to various programs, including initiatives to increase positions for graduate medical students, incentivize health care professionals to work in rural areas, and enhance Medicaid reimbursement rates. Amendments to the bill allow for the establishment of advanced birth centers and make advanced practice registered nurses eligible for the FRAME program. Democrats attempted to expand Medicaid, but the amendment was ultimately withdrawn. The second bill, SB 7018, establishes a Health Care Innovation Council to administer low-interest loans for health care technology projects.

TECHNOLOGY

HB 1 – SOCIAL MEDIA USE FOR MINORS

A House committee has advanced a proposal to restrict youth access to social media websites. The measure, a priority for House Speaker Paul Renner, would prohibit social media platforms from allowing children under 16 to have accounts. The bill also requires platforms to terminate accounts belonging to minors under 16. The proposal now moves to the House Judiciary committee for consideration.

HB 3 – ONLINE ACCESS TO MATERIALS HARMFUL TO MINORS

Another bill approved by the committee would require web companies to implement stronger age verification methods for online material deemed harmful to minors, primarily targeting pornography websites.

EDUCATION

SB 7000/7002/7004 – DEREGULATION OF PUBLIC SCHOOLS

The Florida Senate recently passed a suite of bills aimed at deregulating public schools. The legislative package, championed by Senate President Kathleen Passidomo, focuses on cutting red tape and reducing burdensome regulations for schools. One of the bills in the package, SB 7004, proposes changes related to state assessments and instruction. For example, it would remove the requirement for high-school students to pass the tenth-grade English-language arts exams to graduate. Instead, the exam would count for 30 percent of the students’ final course grade. The bill also eliminates the requirement to pass an Algebra I end-of-course exam for earning a diploma. The deregulation effort aims to allow teachers to focus more on classroom instruction. However, one provision of the bill that would have changed the state’s third-grade literacy policy faced significant criticism from former Gov. Jeb Bush and was subsequently removed.

The Senate also passed two other bills related to deregulation, one of which provides districts with flexibility in setting teacher salaries by considering advanced degrees. Another bill allows school districts to publish their tentative budgets online and provides flexibility in using certain federal funds. The deregulation measures are now being negotiated with members of the House as they progress through the legislative process. The House Education Quality Subcommittee also gave initial approval to a school deregulation bill, which includes a provision for charging a processing fee for multiple challenges to instructional materials or library books.

BUSINESS

HB 49 – EMPLOYMENT AND CURFEW OF MINORS

A House panel in Florida has advanced a measure that would allow 16- and 17-year-olds to work longer hours and more frequently. However, the panel removed a provision that would have allowed them to work overnight shifts before school. The amended bill clarifies that the new work laws would not permit kids to work after 11 p.m. or before 6 a.m. on nights before school. The bill aims to remove restrictions on the number of hours that 16- and 17-year-olds can work, giving them the same opportunities as others. Supporters of the bill argue that it provides opportunities and choices for teenagers who want to work, while critics have raised concerns about the impact on their education and well-being. The bill will now move to the House Commerce Committee for further consideration.

ENVIRONMENT

SB 1386 – DEPARTMENT OF ENVIRONMENTAL PROTECTION

The Department of Environmental Protection package filed by Senator Calatayud is scheduled to be heard on Wednesday. The bill covers a variety of topics under the purview of DEP including:

  • Creation of a new aquatic preserve designation for the Kristin Jacob’s Coral Reef Ecosystem Conservation Area (Coral ECA) and the inclusion of seagrass protections for the Nature Coast Aquatic Preserve which was created in 2020.
  • Ensuring that reclaimed water is treated to reduce the nutrients entering our waterways by requiring domestic wastewater that is land applied to meet advanced waste treatment standards, ensuring feasibility studies for reclaimed water are conducted for all facilities and requires the implementation of reuse where feasible, and incentivizing the use of reclaimed water through consumptive use permit extensions. 
  • Clarifying elements eligible for the Resilient Florida Grant Program, roles of the Chief Resilience Officer and the Florida Flood Hub, and requirements for completion of local vulnerability assessments.
  • Outlines next steps in the transfer of the onsite sewage and treatment disposal system (OSTDS) program from Department of Health to the Department of Environmental Protection and provides a path for DEP to expeditiously review new enhanced nutrient-reducing technologies by establishing an enhanced nutrient reducing OSTDS approval program.
  • Clarifies that wastewater facilities owned by special district or private entities must cooperate in providing wastewater facility information to local governments to allow local governments to provide that information as part of domestic wastewater services.

ENERGY & UTILITIES

HB 107 – IMPACT OF ELECTRIC VEHICLES AND PLUG-IN HYBRID ELECTRIC VEHICLES ON STATE REVENUES AND STATE TRUST FUNDS

The House Transportation & Modals Subcommittee unanimously approved a bill this week that would lead to a study about the financial impacts of the increased number of electric vehicles on Florida roads. The financial issues involve lost gas-tax revenue that helps pay for transportation projects.

HB 777 – MUNICIPAL WATER OR SEWER UTILITY RATES, FEES, AND CHARGES

Florida House members are advancing a proposal that would prevent municipalities from charging higher water and sewer rates to customers who live outside city boundaries. The bill, sponsored by Rep. Robbie Brackett, aims to eliminate discrimination between ratepayers living inside and outside municipal boundaries. Supporters argue that customers outside city limits face higher costs without representation in setting rates and utility decisions. However, opponents raise concerns about existing agreements between cities for providing services and the potential for inequities in rate subsidies. The issue of municipal utilities has been a topic of debate in Florida, with the highest-profile case involving the Gainesville area.

LOCAL GOVERNMENT

HB 569 – SUITS AGAINST THE GOVERNMENT

The House Civil Justice Subcommittee has advanced a bill proposed by Rep. Fiona McFarland that would make changes to the claims bill process in Florida. The bill would allow local governments and state agencies to pay larger legal settlements without legislative approval, potentially reducing the need for claims bills. It would double the sovereign immunity limits and make annual adjustments for inflation. The legislation has received support from the Florida Justice Association but faces opposition from local governments, public hospitals, and public schools. It has passed the committee and has two more stops. A similar Senate companion bill is also waiting to be heard.

HB 433 – WORKPLACE HEAT EXPOSURE REQUIREMENTS

Legislation in Florida that initially aimed to ban local government ordinances requiring safety measures for outdoor workers in the heat has now expanded to include preempting local governments from establishing minimum wage requirements and creating terms and conditions of employment. The bill, sponsored by Rep. Tiffany Esposito, received resistance from Democrats but passed the House Regulatory Reform & Economic Development Subcommittee unanimously. This legislation comes after Miami-Dade County abandoned a plan to implement strict heat protections for outdoor workers due to the likelihood of state lawmakers invalidating the local rule. The bill still needs to pass two more committees before becoming law. A Senate version of the bill has yet to be introduced in committee.

GAMING

SB 692 – PUBLIC RECORDS/FLORIDA GAMING CONTROL COMMISSION

Legislative leaders in Florida are proposing the use of gambling revenue to fund the expansion of a state wildlife corridor and other environmental projects. The proposal, filed by Sen. Travis Hutson, would utilize revenue from a gambling deal between the state and the Seminole Tribe of Florida. The deal allows the tribe to offer online sports betting statewide and provide certain games at its casinos in exchange for paying billions of dollars to the state over the pact’s duration.


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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 support 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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