Dozens of new laws take effect & DeSantis bets big on Iowa
October 6, 2023 — This Week's Top Stories in Florida
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Here’s the latest from Florida…
Dozens of new laws take effect
The 2023 Florida Legislative session adjourned “sine die” on May 5, but nearly five months later, dozens of new laws took effect on Sunday, October 1. The new laws range from regulating homeowners associations and the operation of golf carts to increasing penalties for fentanyl dealers and battery on hospital personnel. Among the notable laws now in effect are:
HB 67: This law aims to curb threats and harassment against justice professionals, judicial assistants, court clerks, and their families, intending to prevent intimidation related to their lawful duties.
SB 170: Empowering legal challenges against local ordinances. It mandates local governments to suspend ordinance enforcement during ongoing lawsuits and allows plaintiffs to seek up to $50,000 in attorney fees if a court deems ordinances "arbitrary or unreasonable."
HB 319: Establishes a maximum fine of $2,500 for interfering with participants in athletic or artistic events or trespassing onto fields or stages without authorization. The law also prohibits individuals from profiting from such actions on social media.
HB 431: Makes it a third-degree felony for individuals aged 24 or older to solicit 16- or 17-year-olds in writing for lewd or lascivious acts.
HB 535: Focusing on funeral services benefits for public safety officers, this law increases funding for funeral and burial expenses when officers are killed in the line of duty.
SB 942: This bill eliminates exemptions for local breed-specific ordinances and empowers public housing authorities to establish policies related to dogs.
HB 949: Addressing the operation of golf carts, this law restricts individuals under 18 from operating a golf cart on a public roadway unless they possess a learner's permit or a driver's license.
HB 1047: Designed to protect police horses and canines from violent acts, this legislation outlines specific circumstances where such actions could lead to criminal penalties.
HB 1297: This law introduces the possibility of death sentences for specific child sexual offenders.
HB 1359: Focusing on the sale or distribution of fentanyl, this legislation imposes strict criminal penalties and mandatory 25-year minimum imprisonment terms on dealers and manufacturers of the illegal substance. It also establishes $1 million fines for adults selling at least four grams of fentanyl to minors through deceptive products.
HB 1367: Expands littering laws to prohibit dumping litter at water-control district properties or canal rights-of-ways without prior approval.
HB 1375: Prohibiting battery by strangulation, this law enhances penalties for such actions.
HB 1465: Enhances potential sentences for individuals possessing or discharging firearms while involved in human trafficking, subjecting them to the state's "10-20-Life" mandatory-minimum sentencing law.
Most state legislation passed by lawmakers during this year’s legislative session took effect at the start of the fiscal year on July 1, including Florida’s record $117-billion budget.
DeSantis campaign bets big on Iowa
A pro-DeSantis super PAC has invested nearly $17 million in backing Ron DeSantis in Iowa, marking a strategic move as the Florida governor seeks to regain momentum for his 2024 presidential campaign. Despite Iowa's limited success in picking Republican presidents in recent years, DeSantis recognizes the importance of performing well in the state's first-in-the-nation January caucuses to build campaign momentum. He has spent at least 20 days in Iowa since his presidential launch in May, seeing the state as most critical for his White House ambitions. Similarly, his super PAC Never Back Down has spent eight times more in the Hawkeye State than in the early primary state of South Carolina and nearly all of the expenses made by the organization in September have been spent in the state. For further comparison, the Republican governor’s campaign and supporting groups have yet to spend even $1 million in New Hampshire – the next primary contest on the calendar. National polls have shown a decline in DeSantis' support, making first-place success in Iowa even more pivotal for his campaign and their hope that it would propel him in the subsequent GOP primary contests. The Iowa caucuses are all about momentum and serve as an opportunity for candidates to connect with voters through grassroots efforts, requiring significant investments in time and resources. The popular Republican governor aims to visit all 99 Iowa counties, emphasizing face-to-face interactions with voters.
Recently announcing a $15-million fundraising haul in Q3, the DeSantis campaign will commit a large portion of these dollars to political operations in Iowa. A report in The New York Times details that one-third of campaign staff will be expected to live and work in the state until January, with the expectation that personnel will multiply in Iowa alone. Speaking to reporters this week, he said his Republican challengers should “collapse” behind him to avoid splitting the anti-Trump vote. “The only two candidates that have a chance to win the Iowa caucus are myself and Donald Trump,” he added. A recent CBS News poll among Iowa voters shows the Florida governor at 21%, trailing well behind Trump’s 51% support. Still, if polls prove to be correct and DeSantis finishes behind Trump in the January 15, 2024, caucuses, his campaign could still see a boost going into the following New Hampshire, Nevada, and South Carolina primary contests. Historically, after Iowa’s delegates are allocated, the field narrows as candidates performing poorly drop out of the race, tossing support to the other contenders remaining. Currently, at No. 2 in most national polls, DeSantis could see a boost as the race condenses, especially in consolidating the anti-Trump coalition.
DeSantis' extensive presence in Iowa and his all-out commitment to campaign efforts in the Hawkeye State is risky. The dynamics and demographics of Iowa’s caucuses attract a different type of voter that leans evangelical and skews further right on social issues than most of the country. Adopting campaign messaging that appeals to this voting bloc could alienate DeSantis from more moderate or divergent primary voters in states like New Hampshire and Nevada. The strategy is from the same playbook used by Senator Ted Cruz (R-Texas) in 2016 to win Iowa, but it didn’t catapult him in other early primary states nor did he become the GOP presidential nominee. However, the DeSantis campaign is optimistic that their focus on Iowa, marked by extensive grassroots efforts and substantial financial investments, is the best way to build momentum in the 2024 Republican presidential primary. Despite challenges, including awkward voter interactions, heavy reliance on a super PAC for messaging, and sliding poll numbers, DeSantis’ performance in the Midwestern state will determine the trajectory of his campaign in vying to unseat Trump as the frontrunner.
Private schools face disruption as state-funded vouchers go unpaid
The state’s expanded school voucher program has faced delays in releasing funds to parents and private schools, causing concerns among families and private school administrators. The delays, which have persisted for over six weeks into the fall semester, have forced some school operators to use their own funds to continue operations. Families were expected to receive their first-quarter installment voucher payments as school began, but with thousands of parents still missing those funds, some private schools are facing the prospect of shutting their doors. Some school officials have reported using personal funds to pay bills while another stated they received an eviction notice. This is an unanticipated consequence of Florida’s $4 billion expanded voucher program after lawmakers removed income eligibility requirements for the system, increasing new student enrollments by nearly 123,000. Step Up for Students, the organization responsible for administering most voucher applications and scholarships, initially stated that funds were not being sent to family’s accounts late, but noted that scholarship dollars will be unavailable for “a couple of days” during processing. Schools and parents said Step Up repeatedly extended the deadlines. Less than two weeks later, a spokesperson for the organization said funds are slowly being released. About 86% of students receiving special needs vouchers should have access to their money this week, while other voucher recipients are also expected to receive payments soon. Step Up has been overwhelmed with the demand for the expanded program, but attributed some of the delays to issues with new receiving and payment systems as well as incorrect tax or banking information. The organization emphasized it is working to resolve these issues as each voucher needs to be individually reviewed and verified to ensure funds are being properly distributed.
State employees receive paid maternity leave
Governor Ron DeSantis and the Florida Cabinet have made a historic decision by agreeing to provide paid maternity leave to eligible state employees. Under the newly approved proposal, expectant mothers can receive paid maternity leave for up to seven weeks, while parents can take two weeks of parental leave – a combined total of nine weeks of leave for mothers. This change marks a significant departure from the previous policy, which required state employees seeking leave for childbirth or adoption to use sick or annual leave or take unpaid leave. Eligible state employees in Florida include approximately 98,000 workers, including those covered by union contracts. Florida now joins states like North Carolina, South Dakota, and Texas in adopting paid parental leave policies this year. The policy is expected to help attract and retain talent in state government, especially as Florida boasts 7,000 vacancies in state government. Additionally, it's noted that states recently adopting such family-friendly policies have often also implemented stricter abortion regulations.
Florida’s minimum wage increases
The state’s minimum wage rose to $12 per hour on September 30, continuing the state's trajectory toward a $15 minimum wage, in accordance with a constitutional amendment approved by voters in 2020. Last year, the minimum wage increased from $10 per hour by rising to $11 per hour on September 30, 2022. The minimum wage is slated to increase by $1 annually until it reaches $15 per hour on September 30, 2026, after which it will be adjusted for inflation. Tipped employees will also see an increase to $8.98 per hour, considering an allowable "tip credit" of $3.02. In contrast, the federal minimum wage has remained at $7.25 per hour since 2009.
Florida law authorizing death penalty for child rape takes effect
A new Florida law allowing the death penalty for individuals who commit sexual battery against children under the age of 12 took effect on October 1 – one of the most controversial laws passed during the 2023 legislative session. The measure is likely to face legal challenges, including up to the Florida Supreme Court, as the U.S. Supreme Court has previously prohibited death sentences for rapists. In Kennedy v. Louisiana (2008), the Supreme Court ruled that the Cruel and Unusual Punishments Clause of the U.S. Constitution’s 8th Amendment bars the death penalty for defendants guilty of child rape. Capital punishment cannot be imposed where the victim did not die and the victim’s death was not intended, the Court declared. The new Florida law grants judges the discretion to impose either the death penalty or life imprisonment on defendants convicted of such crimes. Judges are restricted to imposing life sentences if fewer than eight of twelve jurors recommend death. During the bill-signing event in May, Gov. DeSantis promoted the measure as necessary for the “protection of children” from “serial offenders.”
Hurricane Idalia’s toll on agriculture could hit $371M
Hurricane Idalia made landfall on August 30 as a Category 3 storm, bringing maximum sustained winds around 125 MPH and causing extensive damage to the rural Big Bend region of Florida. However, Idalia’s impact on agriculture is mounting with estimates ranging from $78 million to $371 million in losses, according to a preliminary report from the University of Florida. Agriculture is a significant industry in the northwest area of the state that was struck by the hurricane, with plentiful acres of farmland used for a variety of crops, livestock, aquaculture, and greenhouse and nursery plants. Livestock losses are projected to be between $30.1 million and $123.4 million, while field and row crop losses may range from $30.7 million to $93.6 million. Greenhouse and nursery products could account for losses between $4.7 million and $68.8 million. The totals are not inclusive of extensive damage to agricultural infrastructure, including irrigation systems, roofs, and fences. Researchers expect these estimates to become more precise as on-the-ground assessments progress in Dixie, Hamilton, Lafayette, Madison, Suwannee, and Taylor counties, where agricultural losses were greatest. Recently, Agriculture Commissioner Wilton Simpson announced an assistance program to aid in repairing or replacing irrigation systems for affected producers. The financial assistance offers 75% reimbursement up to $150,000 per grower unless they are fully covered by insurance.
Judge refuses to ban law that prevents union dues from being automatically deducted from paychecks
A federal judge in Florida has declined to block a portion of a new state law that prohibits union dues from being deducted from public employees' paychecks. Chief U.S. District Judge Mark Walker rejected a preliminary injunction sought by the Florida Education Association, the United Faculty of Florida, the University of Florida, and several education unions representing school districts. The unions argued that the law unconstitutionally violated contracts reached before the law took effect on July 1, 2023, that require payroll dues deductions. While Judge Walker acknowledged that the law had undermined the collective bargaining agreements, he ruled that the unions had not demonstrated that the change had substantially interfered with their ability to collect dues. The law was enacted to place additional restrictions on public-employee unions, including requiring recertification if fewer than 60% of eligible employees are union members. Provisions of the new law have faced multiple lawsuits from unions challenging it.
Hillsborough County approves $9B budget, slashes affordable housing funding
The Hillsborough County Commission voted to approve a $9 billion budget, but notably missing from the spending plan was $10 million set aside for affordable housing. The Republican-led commission voted 4-3 in favor of reallocating $8 million from the affordable housing trust fund to road paving and sidewalk repairs, cutting the affordable housing allocation by 80%. Commission Chairman Ken Hagan motioned for the funding to be directed toward improving infrastructure after he felt the county was already making sizeable investments in low-cost housing initiatives. This decision has sparked controversy amid Florida's ongoing affordable housing crisis, marked by rising property values, escalating mortgage rates, soaring rents, and surging property insurance premiums. Commissioner Donna Cameron Cepeda, who lived in subsidized housing before her election in 2022, supported the cut, despite her prior dependence on affordable housing. Critics, including the Hillsborough Organization for Progress and Equality (HOPE), spoke in opposition of the move during two hours of public testimony ahead of the vote, highlighting the modest $10 million fund against the backdrop of a $9 billion total budget. Commissioners who voted for the cuts argued that the new Live Local Act passed by lawmakers in March, which preempts many local government regulations, will see a healthy supply of affordable housing developments be pursued. The Live Local Act allocates a historic $711 million for affordable housing projects and provides incentives to developers. In approving the overall county budget, commissioners voted to keep the tax rate unchanged, but increased property values will have most homeowners paying more in 2024. Hillsborough has increased its budget by $537 million this year as a result, with $2.3 billion in reserves.
“Red State v. Blue State Debate”: DeSantis takes on Newsom in debate on Nov. 30
Florida Governor Ron DeSantis and California Governor Gavin Newsom are scheduled to take each other on in a televised debate on November 30th, moderated by Fox News host Sean Hannity. The 90-minute debate will be featured during Hannity's prime-time show at 9 PM, although the exact location in Georgia is yet to be confirmed. This event, framed as a "red vs. blue state debate" by Fox News, aims to provide voters with insights into the distinctive governance styles and political beliefs of the two most prominent governors in the nation. DeSantis, a Republican eyeing the 2024 presidential nomination, and Newsom, a Democrat, and prospective future presidential contender, have frequently clashed over their ideological differences and policies. The debate is seen as a much-needed opportunity for DeSantis to bolster his national profile and gain ground in the 2024 presidential race.
Disney World oversight board removes free passes and discount benefits to employees
The Central Florida Tourism Oversight District (CFTOD) Board of Supervisors has voted to approve a new employee and retiree benefits stipend policy to replace the previous Walt Disney World annual pass program. Historically, CFTOD employees and retirees received free Disney annual passes, including for their families and friends, which sparked controversy when the District criticized the benefits as a "scheme" and sought to strip them away. Chairman Martin Garcia cited concerns about the benefits being self-serving to Disney, inequity among employees, and potential legal issues with a private company bestowing gifts to public employees as reasons for the change. Furthermore, officials claimed the theme park season passes cost the District $2.5 million, not including the discounts on hotels, merchandise, and concessions. Many employees of the CFTOD, formerly known as the Reedy Creek Improvement District, strongly voiced opposition to the removal of the perk, arguing that the benefit was an influential incentive that motivated their desire to work for the District. The new employee benefits policy was unanimously approved by the board and grants District staff a one-time $3,000 annual stipend, which can be used to purchase theme park passes, with the policy expiring on October 1, 2025. The new policy affects the nearly 370 employees of the CFTOD, tasked with providing municipal services ranging from mosquito control to wastewater treatment for the area encompassing Walt Disney World Resort.
Tampa’s trolley remains free for riders
The TECO Line Streetcar, connecting Ybor City and downtown Tampa, will continue to offer free rides to passengers thanks to a $700,000 commuter assistance grant from the Florida Department of Transportation (FDOT). This grant will subsidize the costs for riders during the 2024 fiscal year. Initially awarded a $2.7 million grant in 2018 to eliminate fares and improve service, the streetcar has received an annual $700,000 contribution from the department since 2021 to maintain fare-free service. Without this state grant, the service, owned by the city of Tampa, might have been forced to reinstate fares or reduce service. Previously, passengers were charged $2.50 one way on the 3-mile route or $5 for all-day rides. Tampa’s streetcar system has carried over 1.2 million passenger trips across the first 11 months in the current fiscal year.
Century-old Tampa cigar factory to transform into hotel
The 119-year-old West Tampa cigar factory is undergoing a transformation that will soon turn the three-story historic landmark into a 70-room boutique hotel. The 119-year-old building is the former home of the Balbin Bros. Cigar Factory on N. Howard Avenue that was constructed in 1904 and served as the manufacturing site of three different cigar companies in the 20th century. The Balbin Bros. Cigar Factory was purchased in 2016 for $1.4 million by the family-operated My Hospitality Hotels, which announced plans for converting the site into a hotel. However, a series of delays with the architectural plans and the COVID-19 pandemic stalled plans until construction began three months ago. The building was renovated in 2008 and the company is spending another $12 million to further restore the 35,000-square-foot structure. My Hospitality Hotels anticipates they will soon make an agreement with a hotel franchise to manage and operate the property. Construction is expected to be completed within a year.
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