FL Legislative Session Begins With Big Tech, Climate Bills

FLORIDA — From pandemic protections for businesses to tougher penalties for rioters, Florida legislators will consider more than 2,500 bills when the 60-day session gets underway Tuesday.

This year's session, the second to take place during the coronavirus pandemic, will be led by House Speaker Chris Sprowls, R-Palm Harbor, and Senate President Wilton Simpson, R-Trilby.

Topping the legislative agenda is Gov. Ron DeSantis' proposed $96.6 billion budget for the fiscal year that begins July 1, a $4.3 billion increase from the current budget.

With a $2.7 billion shortfall in revenues, Senate Appropriations Committee Chairwoman Kelli Stargel said the Legislature will be looking at ways to pare DeSantis' budget down.

Bills under consideration this session include:

Big Tech Backlash

Following Twitter’s decision to permanently ban former President Donald Trump and Apple threatening to remove the conservative-leaning application known as Parler from its app store, Sen. Danny Burgess, R-Zephyrhills, has filed legislation that would block what he called an encroachment on First Amendment rights to free speech.

“It seems to me that the government explicitly has granted Facebook, Twitter and others immunity under federal law," said Burgess. "As publishers of third-party content, they should not be allowed to discriminate based on content and ban individuals just because they do not agree with their viewpoint.

"This bill signals to social media websites that, regardless of a person’s background, political history, religion, race, gender or any other identifying measure, Twitter and Facebook cannot be the sole judge, jury and executioner on America’s First Amendment rights," Burgess said. "These unilateral actions set a terrifying precedent that must be addressed appropriately."

Combatting Public Disorder

In response to the siege on Washington, D.C., the Florida House and Senate filed identical bills to combat violence, disorder and looting in Florida.

“While as Americans we all have a right to peacefully assemble, violence or rioting of any kind is not acceptable and will not be tolerated in the state of Florida," DeSantis said. "I look forward to working with House Speaker Sprowls and Senate President Simpson to swiftly pass this bill during the upcoming Legislative Session so that we may protect the rule of law in our great state.”

Rep. Juan Fernandez, R-Miami-Dade, filed the House bill.

"It is never acceptable for a civil society to behave in this way, and this bill will ensure that it is unwelcome in Florida. It does not matter if you are Republican or Democrat, we are a society of laws, and all must follow the law," Fernandez said.

"The episodes of violent civil unrest that we have witnessed over the last several months have no place in our democracy," said Sprowls, who is sponsoring the companion Senate bill. "This legislation makes it clear that here in Florida criminals who seek to thwart peaceful protests by willfully inciting violence, attacking law enforcement and destroying public or private property will be held accountable.”

Black Democrats, however, said they will block passage of the bill.

Sen. Bobby Powell, chairman of the Florida Legislative Black Caucus, D-West Palm Beach, called it "a smoke screen for control measures aimed solely at peaceful protestors in Florida who sought nothing more than the basic civil rights and human dignity guaranteed to all people under the Constitution"

"These bills give safe harbor to deep prejudices held by people intent on retaining power, and diminishing the value of human life on the basis of skin color alone," Powell said.

"This bill is overkill, designed to quash free speech and peaceful assemblies by people of color," Sen. Perry Thurston, D-Fort Lauderdale, said.

“This legislation turns the basic rights of peaceful protest and dissent on their heads. It’s a heavy-handed, reactionary bill aimed primarily at non-violent protestors marching on behalf of not only all those whose lives were taken at the hands of rogue police officers, but all those denied equal justice under our criminal justice system," House Democratic Leader Bobby DuBose, D-Fort Lauderdale, said.

“Florida’s criminal justice code already addresses violent protests,” said Rep. Fentrice Driskell, D-Tampa. "Republican leadership ignored the fact that there was no rioting or mob violence in Florida during the protests of last year. The premise that this legislation is somehow critical to protecting the citizens of Florida and the law enforcement officers who safeguard them is a disingenuous attack on the intelligence of Floridians and an affront to those who marched against hatred and systemic racism."

Sea Level Rise And Flooding

Sen. Ray Rodrigues, R-Fort Myers, is sponsoring a proposal to establish an Office of Resiliency, a priority of Gov. Ron DeSantis.

The bill is part of sweeping legislation rolled out by both the House and Senate to address the rising sea level and mitigate flooding problems in Florida.
The legislations calls for dedicating $100 million each year starting in 2022-23 to address resiliency issues.

“The Always Ready: Flooding & Sea Level Rise Act is a strong legislative package that will undoubtedly make Florida a leader in flood mitigation," said Rep. Demi Busatta Cabrera, R-Coral Gables, sponsor of the companion House bill.

“As a low-lying state surrounded by water on three sides, Florida is particularly vulnerable to the risk of flooding," Burgess said. "With sea level rise, we are seeing that risk grow exponentially - from storm surge and tidal flooding to groundwater and flash flooding - the impacts are devastating. In order to protect Floridians in their homes, their backyards and their communities, we are introducing a suite of bills to address flooding - one of the most pressing issues of our time.”

The bill would also set up a three-year Statewide Flooding and Sea Level Rise Resilience Plan that the Department of Environmental Protection would update annually.

Shielding Health Care Workers From Coronavirus Liability

Sen. Jeff Brandes, R-St. Petersburg, has filed a bill to provide strong protections from civil liability for health care providers serving Floridians in the midst of the pandemic.

“So many of our hardworking and dedicated health care providers have been on the front lines of this pandemic from Day 1, putting their own health in jeopardy to help others,” said Simpson. “The last thing we want is for health care providers, who do the right thing, to face a constant threat of frivolous lawsuits that hamper their ability to serve their patients.”

“No industry in Florida has been as heavily impacted during COVID-19 as our health care providers. They struggled to meet evolving standards and often found themselves desperate for resources – to the point where trash bags, shower caps and homemade masks became PPE, as they were asked to MacGyver their way through this pandemic,” said Brandes.

“In many cases, these health care providers were required to make a judgment call with oftentimes limited or conflicting guidance. In a situation like COVID-19, where non-urgent medical procedures were temporarily put on hold, every situation cannot be anticipated," Brandes said. "We want our health care providers making the judgment that a procedure is either urgent or a non-emergency to be protected from unfair lawsuits for these decisions. This bill makes certain our laws support applying judgment calls in these situations and many others.”

The bill requires a plaintiff who files a COVID-19-related lawsuit to prove that a health care provider’s conduct constituted gross negligence or intentional misconduct.

Shielding Businesses From Coronavirus Liability

In the same vein, Brandes is sponsoring a bill that aims to shield businesses from businesses from unscrupulous or opportunistic lawsuits related to the COVID-19 pandemic.

“When businesses make a good faith effort to adhere to safety guidelines to reopen during a period of extreme uncertainty, our laws should protect them and our legal system should not be a place where they face frivolous and costly litigation,” said Simpson, noting that the Florida Senate Committee on Judiciary, chaired by Brandes, has already approved the bill . “Advancing this legislation early in our committee weeks sends a clear message that Florida is open for business, and we intend to keep it that way.”

“Frivolous lawsuits should not interfere with the ability of business owners and employees to earn a living and support their families,” said Brandes. “Unlike other states across the nation who have cycled through multiple closures and reopenings, thankfully Gov. DeSantis has made it clear that Florida is staying open, and businesses across our state are making their best efforts to comply with evolving standards in order to keep their customers safe. This legislation will create a safe harbor for Florida businesses who are struggling every day to keep their doors open during this unprecedented time.”

The legislation also protects charities and educational institutions.

Election Integrity

Sprowls and Simpson are following through with DeSantis' proposal to reform Florida's election laws including banning the mass mailing of ballots to voters.

“We join the governor in his efforts to continue to make Florida the national leader on election
integrity, and we look forward to working with him on this important issue," said Sprowls and Simpson in a joint statement. "Rather than resting on our laurels and congratulating one another on a successful 2020 election, our time is best spent preparing for 2022 and beyond. We don’t want to backslide. We are here to keep Florida a model for the rest of America.”

See related story: Mass Mailings Of FL Ballots Outlawed Under DeSantis Election Bill

Making 3D-Printed Firearms

Responding to a growing concern stemming from advancements in 3D printing, Sen. Linda Stewart, D-Orlando, has filed legislation to regulate 3D-printed firearms. The bill requires 3D-printed firearms contain at least four ounces of metal and prohibits the use of specific plastic polymers in their creation.

“These guns are undetectable and untraceable – meaning anyone with access to a 3D printer can gain access to a deadly firearm,” said Stewart. “This bill is about keeping guns out of the hands of people who shouldn’t have them.”

Child Safety Alarm Act

Stewart is also renewing her efforts to prevent the deaths of children left in cars by reintroducing the Child Safety Alarm Act.

The legislation would require that vehicles used by childcare facilities to transport children must be equipped with an approved alarm system. The alarm would notify the driver to inspect the vehicle to ensure no children are left behind.

“Unfortunately, we are all-too-often reminded of the vulnerability of children left unattended in vehicles. Year after year we see heartbreaking, but avoidable, deaths and this legislation seeks to stop this type of tragedy when children are in the care of a licensed childcare facility.”

The Child Safety Alarm Act was inspired by the 2017 death of Myles Hill, a 3-year-old who was left in the back of a van outside his daycare in Orlando. The bill has passed the Florida Senate the past two years, but stalled in the Florida House.

Over the last 20 years, Florida has the second highest number of child deaths from vehicular heat stroke.

Prohibiting Restraints For Disabled Students

Sen. Lauren Book, D-Plantation, also wants greater protections for children. She's sponsoring a bill that would introduce a pilot video monitoring program and the prohibition of restraints or the use of seclusion for disabled school students.

The bill comes after several high-profile stories of abuse in Florida’s special education classrooms.

“Students deserve to be safe at school, and parents deserve peace of mind,” said Book. “This bill will ensure students with disabilities are not placed into dangerous situations including seclusion and restraint while in Florida classrooms.”

There were more than 78,000 incidents of restraint and nearly 21,000 incidents of seclusion reported in Florida between 2010 and 2020.

This is Book’s fourth time filing similar legislation.

Mental Health Reform

Book has also filed a bill to reform Florida’s Baker Act and Marchman Act, which make up Florida’s civil commitment system for mental illness and substance abuse, respectively. If passed, SB 828 would be the first comprehensive reform of the civil commitment system in Florida since its inception 50 years ago.

“It’s long past time the State of Florida modernized the Baker and Marchman Acts to reflect advances in case law and best practices in medicine and psychology, with the goal of more compassionately and effectively providing care for individuals in crisis,” said Book.“From preventing schoolchildren from being inappropriately Baker Acted to providing a continuum of care to achieve true stabilization and prevent re-commitment, the measures contained within this bill are badly needed and will make a difference for many.”

Senate Bill 828 will establish a continuum of care so that people who are stabilized through treatment after being committed via the Baker Act receive a plan of care at the time of their discharge. This will reduce the number of people who are recommitted.

The legislation also contains provisions to reduce the number of children in Florida who are unnecessarily committed under the Baker Act, including penalties for Baker Acting someone on knowingly false information.

This is Book’s second time attempting to pass this bill.

Repeal Motor Vehicle No-Fault Law

The legislation, filed by Burgess, repeals Florida’s current Motor Vehicle No-Fault Law, which requires drivers to carry personal injury protection coverage, instead requiring that drivers carry bodily injury liability coverage. The bill also creates a new framework to govern motor vehicle insurance claims for bad faith failure to settle.

“Florida is one of only two states in the country that does not currently require drivers to carry liability coverage that would immediately kick in if they cause the bodily injury or death of another person while operating a motor vehicle,” said Simpson. “PIP coverage is outdated and doesn’t protect consumers. It’s the right time for Florida to move to mandatory coverage for bodily injury liability.”

“Replacing our no-fault system with a bodily injury liability system more appropriately places liability where it should be – with the party that caused the accident,” said Burgess. “Additionally, the bill creates a new framework for handling bad faith litigation that provides a clear set of standards to govern the conduct of both parties in the claims handling process, which we believe will lead to better outcomes for both insured Floridians and their insurance companies.”

Electric Vehicle Infrastructure

Reps. Andrew Learned, D-Brandon, Jackie Toledo, R-Tampa, and Rene Plasencia, R-Union Park, are leading a bipartisan effort to expand Florida’s Electric Vehicle infrastructure. The proposed legislation calls for developing a $5 million grant program to encourage the
development of electric vehicle-charging stations throughout the state.

“Florida is and has been a leader in the development of these technologies, and it is time for the state to help local governments invest in our future infrastructure,” said Toledo. “This legislation will encourage localities to invest in their infrastructure and assist in reducing range anxiety of drivers who fear not having the ability to charge their vehicles.”

Eviction Mediation

Sen. Darryl Rouson, D-St. Petersburg, is joining fellow Tampa Bay Democrats in forwarding a bill that require circuit court mediation before families can be evicted from their homes.

“Eleven families every day in Pinellas are being evicted,” said Rouson. “One hundred and eighty families a day in the state of Florida are being evicted.”

“What we’re really trying to do here, to put it very plainly, is to help level the playing field,” said Driskell, who is sponsoring the House companion bill. “Try to provide more process for tenants throughout the eviction judicial process and make sure that we can slow it down a bit so that we can hear the facts."