The second week of the Legislative Session ends 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 week’s top issues and how they may impact your business and a close look at this week’s happenings around the capital city.
ISSUES TO WATCH IN 2024 SESSION
HEALTH CARE
The Florida House and Senate have taken steps to expand access to healthcare and increase the number of physicians in the state.
SB 7016/SB 7018 & HB 1549 - HEALTH CARE
The Florida Senate recently passed the Live Healthy Act, a legislative package focused on improving the state's healthcare system. The act consists of two bills, SB 7016 and SB 7018, which aim to increase the healthcare workforce, provide Medicaid rate increases, fund graduate medical education, and establish a healthcare screening and service grant program. SB 7016 focuses on allocating funds for medical residency slots, integrating out-of-state healthcare professionals, and introducing a grant program for uninsured residents. SB 7018 modifies funding for a low-interest loan program and expands eligibility for foreign-trained physicians. The act also includes measures to enhance healthcare access for low-income individuals, proposes increased Medicaid reimbursements for specific services, and establishes a Health Care Innovation Council to explore and implement innovative healthcare solutions.
TECHNOLOGY
SB 850 – USE OF ARTIFICIAL INTELLIGENCE IN POLITICAL ADVERTISING
SB 850 passed with a 5-3 vote by the Senate Committee on Ethics and Elections. This bill would require political ads that use images created with "generative" artificial intelligence to include a disclaimer. Opposition to the bill came from Democrats on the committee, who had concerns about unclear details and a provision that would make non-compliance a crime. Specific details about what type of image alterations would require disclaimers and who would be charged if a disclaimer is not included in the measure were among the questions raised by Democrats. Some states, including California and Texas, have already implemented laws to regulate AI-generated images, including audio or video that portrays candidates saying or doing things they never did. Florida is one of at least five states considering similar legislation. The bill is now moving toward a floor vote.
HB 1 – SOCIAL MEDIA USE FOR MINORS/ HB 3 - ONLINE ACCESS TO MATERIALS HARMFUL TO MINORS
The Florida House is moving forward with a bill (HB 1) aimed at prohibiting children under the age of 16 from using social media. The bill, a priority for Speaker Paul Renner, has been approved by the House Judiciary Committee and is expected to move quickly through the legislative process on its way to being considered by the full House. The legislation would prevent minors from creating social media accounts and require platforms to terminate existing accounts held by minors under 16. Parents would also have the ability to request the termination of their child's account. Lawmakers argue that social media has negative effects on children's mental health, outweighing any potential benefits. However, critics of the bill argue that parents should have the right to decide whether their children use social media. Meta, the parent company of Facebook and Instagram, and tech industry group NetChoice have criticized the proposal, citing concerns about parental empowerment and potential constitutional issues. The bill would also require platforms to use independent organizations for age verification during account creation and establish penalties for non-compliance. Additionally, the House Judiciary Committee has unanimously approved a related bill (HB 3) that focuses on age verification to restrict minors' access to explicit online content.
EDUCATION
HB 7025 – EDUCATION
The Florida House has advanced a bill (HB 7025) that could result in fees for individuals who challenge multiple library books or learning materials. Under the proposed legislation, people who object to more than five instructional materials in a calendar year would be charged $100 for each additional objection. The fees would apply to parents or residents without students enrolled in the school where the material is located. If objections are upheld, school districts would have to refund the money. The fee provision is part of a larger house bill on school regulations. The Senate's “deregulation” package of school bills does not include the fee requirement. Challenges to school-library books and materials due to concerns about inappropriate content have become a contentious issue. In the 2022-2023 fiscal year, Florida received 1,218 objections, leading to the removal of 386 books from schools. The House Choice & Innovation Subcommittee unanimously voted to advance the bill, with arguments from both supporters and opponents. The Senate President, Kathleen Passidomo, stated that she has not yet reviewed the fee provision of the House bill. The House and Senate bills are a result of a 2023 law that called for the reduction of public school regulations.
HB 7039 – EDUCATION
The Florida House has advanced a bill (HB 7039) which will provide public school systems with more flexibility in rules and regulations related mostly to how local school boards conduct meetings, adopt their budgets and deal with teacher recruitment and retention issues. This bill is part of the House’s school deregulation package which is a priority of the Senate president. The bill is now in its last committee stop.
ENVIRONMENT
SB 1386 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
The bill creates 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 by the legislature in 2020. The measure ensures that reclaimed water is treated to reduce the nutrients entering Florida’s 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, clarifies 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. Additionally, it outlines the 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 (DEP) and provides a path for DEP to expeditiously review new enhanced nutrient-reducing technologies by establishing an enhanced nutrient reducing OSTDS approval program. Lastly, the measure clarifies that wastewater facilities operated by a special district or private entities must provide wastewater facility information to local governments as part of domestic wastewater services. The bill’s House companion is still waiting to be heard in its first committee.
SB 1386 passed unanimously through the Senate Committee on Environment and Natural Resources.
SB 1532 – MITIGATION
SB 1532 expands the water quality enhancement credit program to include private entities. Previously, only governmental entities had the ability to purchase these credits. The bill allows private, governmental entities to buy water quality enhancement credits in order to meet specific basin management action plan allocations or reasonable assurance plans. Additionally, applicants can purchase these credits to achieve net improvement performance standards, but only after providing assurances for the design and construction of all required onsite stormwater management. This expansion aims to involve private entities in improving water quality and meeting environmental standards.
The bill was heard at its first committee stop this week and passed unanimously through Environment and Natural Resources.
SB 1364 – EVERGLADES PROTECTION AREA
SB 1364 requires a proposed comprehensive plan or plan amendment by a county or municipality within or near the Everglades Protection Area is subject to review through the State Coordinated Review Process. The Department of Environmental Protection (DEP) is responsible for determining if the plan or amendment will have any negative effects on the Everglades Protection Area or the objectives of Everglades restoration and protection. DEP has 30 days to issue a written determination highlighting any adverse impacts. Before adoption, DEP must consult with the Department of Commerce and the local government to identify planning strategies or measures that can be included in the plan to eliminate or mitigate these adverse impacts. If any part of the proposed plan or amendment will result in adverse impacts, the local government must either include strategies to address them or choose not to adopt that specific portion.
The bill was heard at its first committee stop this week and passed unanimously through Community Affairs.
SB 1084 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
In Tallahassee, the Florida Senate has taken steps to prevent local governments from regulating electric-vehicle (EV) charging stations. As part of a comprehensive package related to the Department of Agriculture and Consumer Services, the Senate Agriculture Committee voted 4-1 to approve the bill (SB 1084). This bill would restrict the regulation of EV charging stations to the Department of Agriculture and Consumer Services, which already oversees gas station pumps. Committee Chairman Jay Collins, R-Tampa, explained that the bill aims to address the inconsistent requirements faced by businesses across the state when it comes to charging stations.
However, Sen. Lori Berman, D-Boca Raton, expressed concerns about the lack of input from cities and counties in determining the locations of charging stations. She emphasized that without proper regulation, an unrestricted placement of charging stations could lead to traffic and safety issues. Berman also questioned the need for further preemptions, considering a bill passed last year that was intended to be a comprehensive solution.
Before reaching the full Senate, the bill must receive approval from two more committees. It addresses various issues related to the Department of Agriculture and Consumer Services, including a proposed ban on the production and sale of lab-grown meat, also known as meat cultivated from animal cells, authorizing a tax collector to provide certain services for concealed weapon or firearm licenses on behalf of the Department, and revising certain information that charitable organizations, sponsors, professional fundraising consultants, and professional solicitors must provide to the Department to include street addresses. A similar bill (HB 1071) has been filed in the House.
It's worth noting that a 2021 state law already prohibits local governments from mandating EV charging stations at gas retailers. This law was a response to Petaluma, California's decision to ban new gas stations in an effort to accelerate the transition to electric vehicles.
ENERGY & UTILITIES
HB 1277 - MUNICIPAL UTILITIES
HB 1277 passed its first committee stop with a strike all amendment. The bill places restrictions on how municipal utility revenues can be used to fund non-utility related government functions. It also eliminates the ability for water or sewer utilities to charge a surcharge for customers outside of their boundaries. Additionally, the bill changes the limit on rates and charges for customers outside of municipal boundaries to be no more than 25 percent higher than what is charged to customers within the boundaries. The bill also sets limits on the rates and charges for a municipal water or sewer utility that provides service to customers in a separate municipality, requiring them to be no higher than the rates and charges imposed on customers within its own boundaries.
ELECTIONS
KEEN FLIPS HD 35
Orlando Democrat Tom Keen emerged victorious in a special election held on Tuesday for state House District 35. This election was significant as it marked the flipping of a seat that became vacant when former Rep. Fred Hawkins, a Republican from St. Cloud, was appointed as the president of South Florida State College in the previous summer. Keen expressed his gratitude to all the supporters, volunteers, and voters who believed in his vision for a better District 35. He acknowledged their dedication, hard work, and votes that led to this momentous achievement. Keen's opponent, Republican Erika Booth, an Osceola County School Board member, was defeated in this election. According to the state and county elections websites, Keen secured 11,390 votes, while Booth received 10,800 votes. Keen garnered strong support in Orange County, where he captured approximately 55.5 percent of the vote, while Booth received 62.1 percent in Osceola County. However, Orange County witnessed a higher voter turnout compared to Osceola County. It is worth noting that voter registration in the district was almost evenly split between Democrats, Republicans, and unaffiliated voters.
LOCAL GOVERNMENT
HB 57 – COUNTY COMMISSIONER TERM LIMITS
HB 57 aims to impose an eight-year term limit on County Commissioners, preventing them from running for re-election after serving eight years. Sen. Blaise Ingoglia is also sponsoring a similar bill (SB 438) in the upper chamber. The proposed eight-year limit aligns with existing limits on legislative offices and School Board members in Florida. However, these proposals are facing opposition from pro-home rule groups such as the Florida Association of Counties and the Florida Small County Coalition. Both bills were passed in their first committee stops this week.
BUSINESS
HB 187 – ANTISEMITISM
Section 877.19 of the Florida Statutes requires all law enforcement agencies in Florida to submit a monthly report to the Florida Department of Law Enforcement (FDLE) regarding incidents of criminal acts that show prejudice based on various factors such as race, religion, ethnicity, color, ancestry, sexual orientation, or national origin. The FDLE is then obligated to compile and share this information with local law enforcement agencies, government units, and state agencies upon request. Additionally, the Florida Attorney General (AGO) is required to publish an annual summary of the compiled data.
The International Holocaust Remembrance Alliance (IHRA) was established in 1998 and currently consists of 35 member countries. The IHRA's Committee on Antisemitism and Holocaust Denial developed a non-legally binding working definition of "antisemitism" in 2016, which was adopted by the IHRA. This definition aims to assist nations in addressing the rise of hate and discrimination. Since then, the working definition has been adopted or endorsed by 43 United Nations member states, including the United States, as well as various other political entities, regional, state, and local governments and international organizations.
In Florida, there is currently a definition of "anti-Semitism" in relation to identifying discrimination in public education (K-20) under Section 1000.05(8) of the Florida Statutes. This definition closely aligns with the IHRA working definition of antisemitism. However, it is important to note that this definition is limited to the education sector and does not apply to all sections of Florida law for identifying and reporting instances of discrimination or hate crimes.
HB 187 aims to address this by creating Section 1.015 of the Florida Statutes, which defines "antisemitism" based on the IHRA's working definition. The bill includes a definition of antisemitism as a certain perception of Jewish individuals that may be expressed as hatred towards them. It also encompasses both rhetorical and physical manifestations of antisemitism directed at Jewish and non-Jewish individuals, their property, Jewish community institutions, and religious facilities. The bill proposes to codify this definition and the accompanying examples in Chapter 1 of the Florida Statutes, making them applicable to all sections of Florida law. The effective date for this bill, if passed, would be July 1, 2024.
The measure passed the House floor with a vote of 113 Yeas to 3 Nays. It will now head to the Senate for consideration.
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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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