Alongside the Fourth Committee Week of the 2022 Legislative Session, Special Session Announced for the week of

November 15th-19th

Legislators gathered for the fourth committee week of the year on Monday, November 1st . After the week break, bill introductions began and committee presentations resumed, including Department updates and Redistricting presentations. On October 29th, Governor DeSantis announced a Special Session will commence on Monday, November 15th to Friday, November 19th. The Governor is calling on the Legislature to provide protections for employees facing termination or terminated due to COVID-19 vaccine mandates. From his Proclamation, the Governor has called on the Legislature to ensure that educational institutions and government entities are prohibited from unfairly discriminating against current and prospective employees, students, and residents on the basis of COVID-19 vaccination status. Additionally, he has called on the Legislature to allow parents to manage the health care decisions of their children, such as opting out of mask mandates in schools.  

Happening alongside Special Session, FAC’s Legislative Conference will run from November 17th-19th in Walton County. We look forward to seeing everyone very soon! 

OSHA & CMS Release Rules on COVID-19 Employee Vaccination Requirements  

Effective November 5th, the Occupational Safety and Health Administration (OSHA) released an emergency temporary standard (ETS) that would require employers with over 100 employees to set up new vaccination-or-test requirements. The new rule will impact state and local governments in the 26 states who have OSHA-approved State Plans. Additionally, the Centers for Medicare & Medicaid Services (CMS) released a rule that would require staff at included Medicare- and Medicaid-certified providers and suppliers to establish COVID-19 vaccination requirements. FAC is in the process of analyzing both rules and will determine the impact on Florida’s counties.  

Click here to view OSHA’s COVID-19 Vaccination and Testing, ETS.

Click here to view the Department of Health and Human Services, Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination.

All Three Redistricting Committees Hear Presentations on Redistricting Law and Standards 

On November 2nd and 3rd, the House Redistricting Committee, the House State Legislative Redistricting Subcommittee, and the House Congressional Redistricting Subcommittee heard similar presentations on the legal aspect of Redistricting. The meetings were broken into two segments: Federal Redistricting Law and Florida Redistricting Law. Overall, the goal of each of the committee hearings was to provide members with an overview of the basic legal standards governing the task at hand, Redistricting. 

Beginning with Federal Redistricting Law, the presenter outlined the following: 

1.) The Voting Rights Act (1965): this enforced the Fifteenth Amendment rights of minority members under the Constitution. 

- Section 2 of the Voting Rights Act: “prohibits a State from imposing any voting qualification or perquisite to voting or standard, practice, or procedure in a manner that results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color or membership in a language minority group.”

• Case Law: Thornburg v. Gingles, 478 U.S. 30 (1986): Under this case, the state is obligated to create minority opportunity districts if a minority population is large and compact enough to justify a district; when the minority population is politically cohesive; and whether the minority population grouping is being taken advantage of by a majority voting population that denies the minority population the representation of their choice. The discriminatory intent is not required to be a violation of section 2, it is the totality of the circumstances that would create the basis for a challenge.

- Section 5 of the Voting Rights Act: “prohibited changes to election laws that caused retrogression in the position of racial minorities.” Enacted to prevent back-sliding, from the prior gains obtained by minority populations. In order to implement, a provision required the “preclearance” of changes to election laws and procedures by the federal government before the changes could be implemented in certain states and geographic areas. These areas were determined by formulas based on existing conditions in the 1960s/70s. In Florida, it applied to Collier, Hardee, Hendry, Hillsborough, and Monroe Counties. 

• Case Law: Shelby County v. Holder, 570 U.S. 529 (2013): The U.S. Supreme Court determined the VRA’s selection of certain jurisdictions and formulas for coverage did not reflect current conditions and eliminated the “preclearance”, therefore constitutionally unenforceable. 

2.) Gerrymandering Benchmark Cases 

- Racial Gerrymandering 

• Case Law: Miller v. Johnson, 515 U.S. 900 (1995): Provides that you cannot have the intent to create a minority district as a predominate factor motivating the legislature’s decision to place a significant number of votes within or without a particular district. However, race may be the predominant factor when justified by a compelling state interest, such as needing to comply with the Voting Rights Act. 

- Partisan Gerrymandering 

• Rucho v. Common Cause, 139 S. Ct. 2484 (2019): Determined that political or partisan gerrymandering was beyond the reach of the federal courts and it is a political and not a legal question. 

Next, the presenter moved on to Florida Redistricting Law and reviewed the following:   

1.) Florida Constitution   

- Article III, Section 16: Directs the Legislature at its Regular Session in the second year after each decennial census (2022) to redraw state legislative boundaries 

• 30-40 senatorial districts 
• 80-120 representative districts 
• Districts shall be contiguous and consecutively numbered 
• Provides directives and timelines for establishing new districts 

- Article III, Sections 20 & 21 

• Tier 1 Standards: 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 2 Standards: 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.  

2.) Constitutional Standards 

- Apportionment Ruling 

• In re Senate Joint Resolution of Apportionment 1176, 83 So. 3d 597 (2012): 

- Tier 1 Standard in regard to the intent to favor or disfavor political parties 

• There is no acceptable level of improper intent, there is no level for it to be attained. 
• The provisions speak to intent and not to effect, requires a “neutral plan” with no improper intent. 

- Tier 1 Standard in regard to the intent to favor or disfavor an incumbent 

• Shaping district lines to favor an incumbent’s residence is an improper consideration. 
• Maneuvering district lines to pit incumbents against one another in a new district is an improper consideration. 
• Creating a district with the intent to preserve the core voting bloc of the incumbent’s prior district is an improper consideration. 

The presenter concluded by emphasizing that the 2012 standard provides both the guidance and analysis that will govern Florida’s Redistricting process. 

All the Committee meetings provided the same presentation, view the materials below: Video | Meeting Packet 

Smoking Ban in Public Beaches and Parks Bill Passes First Committee 

SB 224 - Regulation of Smoking in Public Places by Sen. Gruters was heard for the first time in Senate Community Affairs. This bill allows counties and cities to further restrict smoking on beaches and parks within their jurisdictions and that they own. Cities may also restrict smoking in county beaches and in city parks so long as it would not conflict with a county ordinance. Additionally, smoking will be prohibited within the boundaries of a state park. FAC waived in support of the bill. SB 224 passed the committee favorably (8-0) and heads to Senate Environment and Natural Resources. The House companion, HB 105-Regulation of Smoking by Counties and Municipalities by Reps. Atlman and Fine, has not been heard. 

Bill Extending Repeal Date of VISIT FLORIDA Advances  

SB 434 - Florida Tourism Marketing by Sen. Hooper was heard in Senate Commerce and Tourism on Tuesday, November 2nd. The bill delays the scheduled repeal of provisions governing the Florida Tourism Industry Marketing Corporation (VISIT FLORIDA) and the Division of Tourism Marketing of Enterprise Florida from October 1, 2023, to October 1, 2031. The bill passed unanimously and heads to its final committee stop, Senate Appropriations. The House companion, HB 489 - Tourism Marketing by Rep. Chaney has not been referenced to committees.  

Highway Safety and Motor Vehicles Department Presents 2022 Session Priorities 

The Senate Transportation Committee heard the Florida Department of Highway Safety and Motor Vehicles’ legislative priorities for the upcoming 2022 Regular Session on Wednesday, November 3rd. The department’s priorities fall into three categories – Motorist Services, Florida Highway Patrol, and Other. 

Among its priorities, the department is seeking authorization for a no fee transaction for title transfers of a motor vehicle when a surviving spouse is not listed on the title.  Current law authorizes a no fee transaction for vehicle title transfers when both spouses are listed on the title and one of the spouses dies.  The change concerning registration stops proposes to tighten current law when a vehicle owner fails to pay tools and a stop on the vehicle’s registration halted until the tolls are paid. Some motorists claim their tag was stolen to avoid paying tolls and register their vehicle; this proposal seeks to end that practice.  The department is also seeking to expand its privatized rebuilt inspection program into 11 other counties. Currently, these privatized inspections are conducted in Miami-Dade County which was the subject a pilot project for several years. The inspection program is directed at ensuring that stolen parts are not used in rebuilt vehicles.  

Another priority seeks to reduce the number of certified letters the department sends to dealers to ensure they are complying with surety and insurance requirements, which should save the department money. The department is also proposing to ensure that dealers whose licenses are revoked cannot act as control entities, and seek to harmonize Florida law with federal requirements.  The department is also seeking to clarify existing law to provide that any motorist operating a vehicle must present proof of insurance to a law enforcement officer when requested. According to the department, proof of insurance is required when the owner is operating the vehicle. Lastly, the department desires to remove the 60-day public records exemption limitation on personal identifying information in crash reports.  Removing the limitation will allow a motorist personal identifying information to remain exempt from public disclosure, although individuals or entities authorized by federal or state law will still have access to identifying information. 

The presentation may be accessed below: 

Senate Transportation: Video | Meeting Packet 

Senate Committee is Updated on Status of the Transportation 5-Year Program 

On Wednesday, November 3rd, the Senate Appropriations Subcommittee on Transportation, Tourism, and Economic Development heard a presentation from Lisa Saliba, Florida Department of Transportation Assistant Secretary for Finance and Administration, concerning the status of the 5-Year transportation work program, including the program’s short- and long-term revenue outlook, its present status, and implementation of legislation passed during the 2021 Regular Session. 

Regarding revenues, the Committee receive good news as the August 2021 revenue estimating conference forecasted an addition $1 billion for transportation over the same time 2020.  Because revenues inform the department’s building of the 5-year work program, the additional revenue will create opportunities for additional transportation projects. Similarly, the department’s major revenue sources – fuel taxes, license registration & title fees, and rental car surcharge revenues – are all expected to increase for the period of FY2022-FY 2027, and through FY 2029.   

Assistant Secretary Saliba noted that Legislature had appropriated over $10 billion in transportation investments in the FY 2021-2022 General Appropriations Act of which over $9 billion funds the work program and debt service. This funding level will result in 210 new lane miles constructed, 2,682 miles of resurfaced roadways, and other improvements to infrastructures at seaports, airports, and rail and transit programs. Over $500 million will also be spent to repair 89 bridges and replace 18 bridges. Because Florida has an aggressive bridge program, resulting in lower need ratings for funding at the federal level, Assistant Secretary Saliba mentioned that Florida will not benefit as much from the higher bridge program funding included in the Infrastructure Investment and Jobs Act currently awaiting approval of the U.S. House of Representatives. 

The department also discussed the implementation of SB 100 passed last session. This law repealed M-CORES and also removed additional funding directed to SCOP, SCRAP, Transportation Disadvantaged, and Workforce Development programs. The law redirected over $500 million to Turnpike projects and three new arterial highway programs, including upgrading arterial highways, U.S. 19 controlled access facilities, and arterial rural highway projects which allocates at least $20 million a year for projects.   

The presentation may be accessed below: 

Senate Appropriations Subcommittee on Transportation, Tourism, and Economic Development: Video | Meeting Packet 

PACE Program Revamp Moves Through First Senate Committee  

SB 228 - Resiliency Energy Environment Florida Programs by Sen. Ana Rodriguez was heard on Wednesday, November 3rd in Senate Community Affairs. The bill allows for a property owner to apply to a Resiliency Energy Environment Florida (REEF) program for funding to finance a qualifying improvement and enter into an assessment financing agreement with a local government. Currently, local governments are authorized to establish Property Accessed Clean Energy (PACE) programs. Additionally, the bill authorizes local governments to enter into an agreement with a program administrator to administer a REEF program. Current language in the bill does not impact lien position on this type of loan. The bill passed unanimously and heads to its second committee hearing, Senate Finance and Tax. The House companion, HB 101 - Resiliency Energy Environment Florida Program by Rep. Fine has not been heard.  

DEP Updates House on Florida Forever and Wastewater Grant Program 

On Wednesday, November 3rd, DEP Deputy Secretary of Land and Recreation Mara Gambineri presented to the House Agriculture & Natural Resources Appropriations Subcommittee on the Florida Forever program. The meeting highlighted the land acquisition priority ranking process and the department’s efforts to implement the Florida Wildlife Corridor Act. Corridor priority lands help link conservation areas across the state and cover nearly 10 million acres. The Legislature appropriated $100 million for Florida Forever for FY 2021-22 as well as $300 million to acquire additional lands within the Florida Wildlife Corridor. The committee also heard an update on the Wastewater Grant Program, which was created through the Clean Waterways Act (SB 712, 2020). Last session with the help of federal funding, $524 million was appropriated for septic-to-sewer conversions and connections, as well as construction, upgrades, and expansions for wastewater treatment facilities. Priority projects fall within areas covered by a Basin Management Action Plan (BMAP). 

The presentation may be accessed below: 

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

Joint Legislative Budget Commission Approves Plan to Close Facilities to Enhance Officer Pay 

Proviso included in the Fiscal Year 2021-22 General Appropriations Act authorized the Florida Department of Corrections (FDC) to develop a comprehensive plan for the consolidation of a state operated correctional institution as defined in s. 944.02, Florida Statutes. The plan required recommendations to redirect identified cost savings to enhance correctional officer salaries to address employment attrition, turnover, and vacancy rates. Upon submission of the plan, proviso authorized FDC to submit a budget amendment to the Legislative Budget Commission to align positions and budget authority associated with identified cost savings to address salary adjustments. The FDC has submitted a plan to close New River Correctional Institution in Bradford County and to close 73 dorms in correctional facilities throughout the state. The closure of these facilities will generate an estimated $79 million in savings. The department intends to utilize the savings to provide base pay increases for Correctional Officer classification (CO) positions as follows: Correctional Officer (8003), Correctional Officer Sergeant (8005), Correctional Officer Lieutenant (8011), and Correctional Officer Captain (8013). The FDC also plans to use the savings to provide one-time bonuses to new FDC Correctional Officer hires as well as currently filled FDC Correctional Officer personnel within these same position classifications. Additionally, the FDC plans to provide one-time bonuses to Correctional Probation Officers (CPO) positions as follows: Correctional Probation Officer (8036), Correctional Probation Senior Officer (8039), Correctional Probation Specialist (8040), Correctional Probation Supervisor (8045), and Correctional Probation Senior Supervisor (8046). 

Joint Legislative Budget Commission: Meeting Packet | Video   

A Future of Electric Vehicles is Near 



Approximately 1.6 million plug-in electric vehicles have been sold in the United States. In December 2020, the Florida Electric Vehicle Roadmap was released by the Office of Energy within the Department of Agriculture. The report illustrates the increased needs of charging infrastructure in the state as electric vehicles grow rapidly in popularity. According to the report, there are 60,972 light-duty battery electric vehicles (BEV) and plug in hybrid electric vehicles (PHEV) registrations within the state. That number is expected to double by 2030 with a total of 121,411 BEV and PHEV registrations.  

The major attractions surrounding EV purchases embrace energy independence and include a clean energy alternative (reducing greenhouse gas emissions and improving air quality) and promote cost effective travel (less maintenance and lower fuel costs). 

In July 2021, the Florida Department of Transportation released the Electric Vehicle Infrastructure Master Plan (EVMP). EVMP outlines a comprehensive action plan for the development of electric vehicle charging infrastructure throughout the State Highway System as required by s.339.287, F.S. The goals outlined in EVMP include supporting both short-range and long-rage electric vehicle travel, encouraging the expansion of electric vehicle use in the state, and serving evacuation routes in the state. As Florida grows in population and visitors, with a predicted 180 million visitors by 2029, there is an increasing need to enhance transportation infrastructure and safety throughout the state. 

Currently on the market, there are three types of EV technology:  

EV Market Trends

Over the next few years, the electric vehicle market is expected to expand as major automobile manufactures plan to have a portion of their fleet electric. 

With electric vehicle trends on the rise, there could be a potential negative impact on transportation revenues through decreased collection of gas taxes. Last 

Session in Florida, Senator Brandes looked to address these concerns and introduced legislation that would have imposed flat registration fees, determined by weight, for electric vehicles beginning in 2021 and increasing in 2025. Of the flat fees, a portion would be allocated to the State Transportation Trust Fund and a portion to the county where the electric vehicle was registered. Currently, 28 states have implemented a registration fee supplement for EVs. Florida has not yet passed legislation on required registration fees for EVs. 

To view the EV Infrastructure Master Plan (EVMP), click here.  

Terms to Know   

• Plug-in electric vehicles (PEV): runs partially on battery power and charged with electricity.  
• Battery electric vehicles (BEV): run entirely on electric motor and rechargeable battery. Can include up to a 400-mile range, depending on the make and model. 
• Plug-in hybrid electric vehicles (PHEV): run on both electric motor/rechargeable battery and gasoline.   
• Hybrid electric vehicles (HEV): use a gasoline engine with an electric motor. No plug-in capabilities.