Third Committee Week of the 2022 Legislative Session Passes by Quickly with More Presentations and Updates

Legislators gathered for the third committee week of the year on Monday, October 18th. The week continued with Redistricting and Reapportionment education and committee presentation and department updates. Next week, the Legislators will take a short break and reconvene on November 1st.  

Governor DeSantis Announces Special Session Banning Vaccine Mandates

DATE TO BE DETERMINED



On Thursday, October 21st , Governor Ron DeSantis announced that a Special Session will be held to ban vaccine mandates in the state of Florida. The Governor is calling on the Legislature to provide protections for employees facing termination or terminated due to COVID-19 vaccine mandates. Additionally, he is calling on the Legislature to allow parents to manage health care decisions of their children, such as opting out of mask mandates in schools. At this time, the official dates or details have not been released. Stay tuned for more announcements and coverage. 

As we inch closer to November, a reminder that FAC’s Legislative Conference is November 17-19 in Walton County. You can register here.

Senate Ready to Begin Congressional and Legislative District Mapping 

On Monday, October 18th, the Senate Reapportionment Committee met for the last time until the Regular Session begins in January 2022, to discuss directives for drawing district maps. Specifically, Sen. Ray Rodrigues, Chair, reviewed a set of directives that will guide how the Committee's staff prepares Congressional and Legislative District maps for consideration by the Senate's Select Subcommittees on Congressional Reapportionment and Legislative Reapportionment. The directives, which will be provided to staff in the form of a memorandum in the next few days, provide instruction on how to apply the Tier One and Tier Two requirements in the state's constitution and along with federal constitutional and decisional law requirements.   

Tier One standards encompass the following requirements: 1) A prohibition against drawing a plan or district with the intent to favor or disfavor a political party or an incumbent; 2) a prohibition against drawing districts with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and 3) Districts shall consist of contiguous territory. Tier Two standards cover three requirements: 1) A requirement that districts be as nearly equal in population as is practicable; 2) A requirement that districts be compact; and 3) Where feasible, a requirement that districts use existing political and geographical boundaries. Tier Two standards yield to Tier One standards and federal law requirements when there is a conflict. Moreover, there is no priority among the standards within each tier. 

Committee members discussed the directives and approved the directives for drawing maps. Staff is expected to provide the maps to the applicable subcommittees who will consider them and make recommendations to the full Reapportionment Committee in January. Maps may be submitted by individual Senators and members of the public for consideration, but each map must include the entire state (i.e., no maps with only single districts or portions of the state will be accepted), and all submitted maps must comply fully with the federal and state requirements or they will not be considered. 

The presentation may be accessed below: 

Senate Reapportionment Committee: Video | Meeting Packet 

Both Redistricting Subcommittees Review Current Maps and Data 

On October 20th, the House State Legislative Redistricting Subcommittee and the House Congressional Redistricting Subcommittee heard similar presentations and reviewed and discussed the current maps of their respective committees. Both presentations started with an overview of Florida’s Constitutional Standards consisting of two tiers.  

The House State Legislative Redistricting Subcommittee began the meeting by reviewing the existing 2012 House map and discussing deviations within the current map (overall deviation of 4%). In the 2012 House map, 37 counties were kept whole and 30 counties were split. Additionally, 29 counties were over the Ideal Population and 38 counties were under the Ideal Population thresholds of a State House District. In the 2012 House map, the Ideal Population was 156,678 people. For example, Lee County’s population was 618,754. This allowed for the creation of 4 house districts within the county itself.  

Based on the 2020 Census results, 29 counties are over the Ideal Population and 38 counties are under the Ideal Population. Please note, they are different counties than the 2012 map. Due to Florida’s growth in the past decade, the Ideal Population is now at 179,485.  

The House Congressional Redistricting Subcommittee also reviewed the currently enacted Congressional map used in the 2016 elections. Within the 2016 Congressional map, 49 counties were kept whole and 18 counties were split. There were 7 counties over the Ideal Population and 60 counties under the Ideal population. In the 2016 Congressional map, the Ideal Population was 696,354 people. Florida’s current population determined by the 2020 Census is 21,538,187 and includes 28 Congressional Districts (+1 from 2010). When drawing the 2016 Congressional map, 60 counties were under the Ideal Population and too small to fit a Congressional District. To keep the counties “whole,” the State added the county populations under the Ideal Population together with other whole counties or other parts of a county to create an entire district. For example, this occurred in District 1 by adding together Escambia, Santa Rosa, Okaloosa, Walton, and a portion of Holmes County populations to achieve equal population for a Congressional District. For the counties above the Ideal Population, these counties could keep a district whole within the county boundaries, such as Orange County.  

Furthermore, both presentations discussed using roadways, railroads, waterways to create boundaries between districts. For instance, the Suwannee River is a waterway that Columbia, Hamilton, Suwannee, Lafayette, Levy, Gilchrist, and Dixie share as part of their county boundaries. 

In both Committees, concerns were raised over not beginning the redrawing process with the existing maps in place. Additionally, a question on potential skews within the prison population. The House Congressional Redistricting Subcommittee Chair, Rep. Tyler Sirois, responded that the Census Bureau counts inmates based on where they reside Census Day. Under Florida law, the Legislature will not manipulate Census data after the count takes place.  

The presentations may be accessed below:  

House State Legislative Redistricting Subcommittee: Video | Meeting Packet  

House Congressional Redistrict Subcommittee: Video | Meeting Packet 

For more information on the redistricting process and updates, please visit FAC’s resource page.

Firefighters Bill of Rights Bill Passes First Hurdle 

On October 20th, the House Government Operations Subcommittee considered HB 31- Firefighter Inquiries and Investigations by Rep. Busatta Cabrera which amends §112 and extends some of the rights specified in the Firefighters Bill of Rights to questioning under an informal inquiry. 

In particular, the bill requires that an informal inquiry of a firefighter be of reasonable duration with permitted periods for rest and personal necessities. Also, during the informal inquiry, a firefighter may not be subjected to offensive language, or be threatened with a transfer, suspension, dismissal, or other disciplinary action, or be offered any incentive as an enticement to answer questions. The bill clarifies that when a firefighter is subject to an informal inquiry, the inquiry must be conducted in accordance with the provisions of the Firefighter Bill of Rights. Thus, a firefighter may not be subjected to any disciplinary treatment or retaliation because he or she has exercised any rights granted or protected under Part VIII of Chapter 112, Florida Statutes.  

The bill also amends certain definitions in §112.81, F.S. Specifically, the bill changes the definition of "informal inquiry" to clarify that such inquiry does not include routine work-related discussions such as safety sessions or normal operational fire debriefings. The term "formal investigation" is clarified to mean the process of investigation or by a supervisor or management personnel, to determine if a firefighter should be disciplined, reprimanded, suspended, removed, during which a firefighter is questioned to gather evidence of misconduct. Lastly, the definition of "interrogation" is amended to clarify the term does not include question during an informal inquiry. 

The Committee approved the bill 15-0. It now heads to the House Civil Justice and Property Rights Subcommittee. 

The presentation may be accessed below: 

House Government Operation Subcommittee: Video | Meeting Packet 

Department of Corrections Presents Budget Request that Includes a Comprehensive Pay Plan  

The Department of Corrections presented its 2022-23 Budget Request to the House Justice Appropriations Subcommittee on Thursday, October 21st. The department identified four strategic objectives: 

• Reduce Staff Attrition and Vacancy Rates 
• Reduce Inmate Violence, Addiction and Idleness 
• Maximize Efficient and Effective Custody and Care Operations 
• Mission Support and Infrastructure Requirements 

The Department requested $5 million to conduct a Prison Modernization and Staffing Structure Analysis. They also requested $171 million to implement a comprehensive pay plan to bring certified staff to $20 per hour base rate pay and $15.8 million for targeted retention pay.  The Department is facing unsustainable staff attrition resulting in 5500 vacancies and have lost 1393 security officers in the last three months while gaining only 720.     

The presentation may be accessed below: 

House Justice Appropriations Subcommittee: Video | Meeting Packet 

Senate Committee Discusses Electric Vehicle Charging Infrastructure 

On Tuesday, October 19th, Cayce Hinton, Director of the Public Service Commission's (PSC) Office of Industry Development and Market Analysis, presented before the Senate Transportation Committee concerning utility regulatory considerations for electric vehicle charging infrastructure. While the PSC does not regulate EV charging stations – which are regulated by the Florida Department of Agriculture and Consumer Services – the agency does regulate the delivery of electricity by utilities to EV charging stations and the approval of rates charged by utilities that operate EV charging stations directly. In the development of the Electric Vehicle Master Plan, the PSC sought comments from the public and held workshops for its part, with the following results: 

• Consensus the Florida's current regulatory structure is appropriate for the delivery of electricity to EV charging stations; 
• The focus should be on flexibility to adopt different utility and third-party ownership models based on site specific circumstances; and  
• Avoid prematurely and narrowly defining the role of public utilities given the nascent nature of the EV charging industry. 

The PSC regulatory considerations are informed in two overarching areas: 1) Utility interaction with third-party EV charging station owners, which involves utility cost recovery for installing electrical infrastructure to operate an EV charging station, and the rates charged and rate design structure to ensure cost recovery and return on investment; and 2) Utility participation directly in the EV charging marketplace, which involves assuring competitive neutrality and cost-based rates to avoid subsidization by general ratepayers. 

The Committee also heard from a panel of representatives of private and public EV charging providers regarding the deployment of EV charging infrastructure. Some of the issues raised during the discussion included: 

• Maintaining EV charging stations and reasonable rates for EV charging. 
• Who should pay when a public utility directly installs EV charging stations – i.e., all rate payers or the utility similar to third-party providers?  In other words, should utilities be able to have its rate payers subsidize the costs and rate of return when they directly invest and participate in the EV charging marketplace?  
• Distribution of EV charging stations in underserved minority and rural communities. 
• Funding for installing EV charging stations at fuel retailers to ensure wide distribution of EV charging stations. 
• Ensuring a competitive marketplace for EV charging stations in Florida. 

The Committee intends to continue the conversation about EV charging infrastructure in future meetings, including how road improvements will be funded in the future given the expected expansion of EV on Florida's roadways. Stay tuned! 

The presentation may be accessed below: 

Senate Transportation Committee: Video | Meeting Packet 

House Hears Update from DEP on Water Resources Spending 

On Wednesday, the House Agriculture & Natural Resources Appropriations Subcommittee heard an update from DEP on Everglades Restoration and Protection of Water Resources. The presentation highlighted the DeSantis Administration’s commitment in prioritizing environmental restoration spending with $2.1 billion over the last three years. Water resources funding highlights include: Targeted Water Quality Improvements—$539 million; Springs Restoration—$200 million; Alternative Water Supply—$80 million; Everglades Restoration—$1.2 billion 

Water quality improvement projects are focused on reductions of nutrient pollution, advanced waste treatment, coral reef funding, and projects benefitting Florida estuaries. Alternative water supply projects include reclaimed water and aquifer recharge that benefit water quantity and water quality goals. 

The presentation may be accessed below: 

House Agriculture & Natural Resources Appropriations Subcommittee: Video | Meeting Packet 

DEP Presents on State Assumption of 404 Permitting Program 

DEP Deputy Secretary John Truitt presented an update on the State 404 Permitting Program. In 2018, the Florida Legislature passed HB 7043 authorizing the state assumption process of EPA Clean Waterways Act, Section 404 permitting. In December 2020, the EPA granted assumption of the 404 program. The 404 program is the federal permitting program to regulate the discharge of dredged or fill material into wetlands and other waters of the United States (WOTUS) to Florida. Two major differences between the state environmental resource permitting and federal 404 standards are: (1) Mandatory requirement to do avoidance and minimization to reduce impact the least amount of wetlands; and (2) 404 permitting must also follow endangered species protection conditions. DEP has seen a 300% increase in 404 permitting applications since the state assumption of the program was delegated by the Army Corps. DEP is implementing internal improvement processes to address workload concerns and is requesting additional staffing for the next fiscal year.  

The presentation may be accessed below: 

House Environment, Agriculture, & Flooding Subcommittee: Video | Meeting Packet 

House Appropriations Chair Presents Committee 2021 Budget Outlook 

Rep. Jay Trumball, Chair of the House Appropriations Committee, presented the committee the Fiscal Year 2022-23 Budget Outlook. The key points of the presentation were: 

• General Revenue Fund collections are projected to be above the pre- pandemic forecasted levels for FY 2021-22 and FY 2022-23. 
• Growth in General Revenue Fund collections is expected to be 4% annually throughout the three-year forecast period.  
• Projected expenditures are considerably less than the General Revenue expected to be available each year of the Outlook—significant surpluses are projected for all three fiscal years. 
• Current year reserves are substantial, including an estimated $7.3 billion of unallocated General Revenue and $2.7 billion in the Budget Stabilization Fund.  
• A minimum reserve of 3.9% of the revenue estimate is retained in the General Revenue Fund for each year of the Outlook. 
• The Outlook does not account for new or expanded programs; new appropriations projects; or potential risks such as hurricanes. 

The presentation may be accessed below: 

House Appropriations Committee: Video | Meeting Packet 

House Ways and Means Committee Hears Presentation on State Revenue  

Staff of the House Ways and Means Committee presented the committee information on the Florida economy and state revenue collections during the COVID-19 pandemic.  The committee received information comparing the forecasts for certain key economic drivers adopted pre-pandemic in December 2019 with the forecasts as adjusted in November 2020 and July 2021. Employment was revised lower in both the November 2020 and July 2021 forecasts while home starts and median home prices were both revised higher in November 2020 and higher still in July 2021. The forecast for visitors to Florida was reduced throughout the forecast period in the November 2019 estimate and then adjusted slightly higher in the July 2021 forecast for 2021-22 and 2022-23. In terms of revenues, the December 2020 forecast had reduced levels compared to the January 2020 forecast, while the August 2021 forecast had higher revenues for all years after 2019-20 than the January 2020 pre-pandemic forecast. 

The presentation may be accessed below: 

House Ways & Means Committee: Video | Meeting Packet 

Florida Tourism: 2021 a Year of Rebound 

In 2019, Florida continued to hit “all-time highs” with 131.4 million visitors and $96.5 billion to Florida’s economy. 2019 marked the 10th consecutive year of record visitations. Tourism in Florida over the past decade has exceeded records, brought in millions in revenue, and brought in visitors to all 67 counties across the state. With the Florida tourism industry booming, no one was prepared for a pandemic to hit in March 2020 that ultimately shut down the tourism and travel industry for months. 

Unfortunately, the emergence of COVID-19 in Florida devasted the state’s tourism industry and recorded only 79.3 million visitors in 2020. With borders closed, international travel to Florida was down over 90%. Over the past year Florida has begun to recover from four quarters of decline. So far, Florida has seen 58.9 million visitors at the end of the second quarter of 2021. Compared to the 2020 second quarter at 39.9 million visitations, 2021 is seeing a 47.6% increase in visitations. Additionally, the 2021 second quarter at 31.7 visitors is a 223.4% increase from the second quarter in 2020 at 9.8 million visitors. This significant increase demonstrates the power of Florida as a tourist destination and the eagerness of out-of-state visitors to flock back to the sunshine state.   

VisitFlorida Fast Facts and Resources

• Florida has also seen an increase in vacation rentals during the pandemic. From August  12th-September 30th, vacation rentals are trending at 80% higher than 2019. 
• Visitors save every Florida household more than $1,500/year on state and local taxes. 
• Bed taxes in rural counties have grown nearly 50% faster than in urban counties since 2012. 

For More Information

• VisitFlorida Research
• VisitFlorida COVID-19 Tourism Impacts

All Data from VisitFlorida