Florida strengthens voter confidence in bill expected to be signed by Governor DeSantis, what is in the bill

The Florida legislature has passed a bill which will strengthen the integrity of the Florida voting system. The bill brings back request only ballots by mail and those ballots being returned will not have party affiliation identifiers. The bill also eliminates the potential for ballot harvesting, leaving it up to voters to turn in their own ballots rather than risk having a third party turn in requested ballots. The bill extends the zone of no solicitation from 100 feet to 150 feet from the entrance of a polling place or ballot-by-mail drop box location. The bill also cleans up the section concerning felons’ ability to vote by abiding by Amendment 4 in the 2018 general election: the Voting Rights Restoration for Felons Initiative.

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Another strength in the new voting law is that those who want to update or change their voter registration they must provide more information such as their Florida drivers licences or birth date or the last four of their social security number. This clause prevents a voter’s party registration or address from being changed without their knowledge. It would also help keep someone from requesting a ballot by mail and sending to a different address, in essence, enabling a stranger to strip a voter of their right to vote.

The bill also strengthens the security around the state’s voting system from being hacked or results manipulated. It will also cause county supervisor of elections offices to update voter turnout data three times during elections day and the number of vote-by-mail ballots requested and received daily. And the major change concerning drop boxes where vote-by-mail ballots can be dropped, each drop box must be monitored by an elections office official in person and emptied at the end of each day.

As for candidates, the only major change is one who is seeking public office with no party affiliation, the bill causes them to abide by the same rules as political party candidates, in that they must be registered NPA (No Party Affiliation) 365 days before the qualification period. This clause would keep political party operatives from jumping in as NPA during election years, often seen as opportunistic and unfair as political party candidates do not have that same option.

Bill heads to Governor DeSantis’ desk to curb abusive police practices

The Florida legislature passed by unanimous vote HB 7051 and it is awaiting Florida Governor Ron DeSantis’ signature to put it into law. The bill requires application for employment or appointment as law enforcement or correctional officer to contain specified disclosures; requires background investigation of the applicant to include specified information; requires employing agencies to maintain employment information for minimum period; requires establishment of standards for officer training & policies concerning use of force; requires law enforcement agencies to establish policies for specified use of force investigations; requires investigation to include an independent report; requires report to be submitted to state attorney; requires law enforcement agencies to submit specified data to FDLE; prohibits child younger than certain age from being arrested, charged, or adjudicated delinquent for delinquent act or violation of law.

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The bill intends to enact minimum standards of hiring, training, and performance on a police agency in Florida. It also intends to end the practice of a “bad cop” leaving one police agency only to be hired at another by providing an affidavit requiring an applicant to disclose any pending investigation by a local, state, or federal agency and if applicable, to disclose why they left their previous criminal justice employment.

The bill also eliminates “chokehold” and use of excessive force by law enforcement officers and correctional officers. As well, law enforcement agencies would need to develop and maintain policies regarding use of force investigations concerning a law enforcement officer employed by the agency at the time of the use of force. The investigation must include an independent review by those not employed by the same law enforcement agency.

Also included in the bill is a section called the “Kaia Rolle Act” which keeps law enforcement from arresting, charging, or adjudicating a child seven years or younger for a delinquent act or violation of law. There are other measures available to law enforcement and government agencies when someone is seven years or younger violates state law.

Florida could be up for a major shift of elected officials in 2022

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There could be a major shift in those who hold public office in Florida from the 2022 general election. Besides one of the state’s U.S. Senate seats being up for grabs, all the U.S. House of Representative seats will be available to all comers.

On the state level, it could be more dramatic as the Governor, Attorney General, Chief Financial Office, Commissioner of Agriculture, all the state senator and all the state representatives will be up for election. This could be the opportunity Libertarians and other “minor party” candidates have been waiting for to become a major party in Florida.

Although the qualification period is not until June 2022, many have already announced their intention to run and filed the proper paperwork for many of the offices available in the November 2022 general election. Seven candidates have announced their intention to be Florida’s next U.S. Senator (3 Democrats, 1 Republican, and 3 with no party affiliation). All 26 seats to represent Florida in the U.S. House have candidates seeking to fill those seats.

Looking at the state level public office seats, ten candidates have filed to be Florida’s next governor (6 Democrats, 3 no party affiliation, 1 Republican). In the Florida State Senate, those who have filed for the 40 available seats are mostly those currently in office, with only a few challengers at this point. A similar scenario remains for the 120 seats available in the Florida State House of Representatives, as the incumbents have few challengers.

Former Republican Florida State Senator Arrested in Scheme to Fund Bogus ‘No Party’ Candidate — Independent Political Report

Former Florida GOP state senator Frank Artiles has been arrested for his role in a scheme to fund a bogus NPA candidate that helped siphon votes away from the Democrat in a state senate race last year. The contest featured incumbent Democrat Jose Rodriguez falling to his GOP challenger Ileana Garcia by a razor-thin 32…

Former Florida State Senator Arrested in Scheme to Fund Bogus ‘No Party’ Candidate — Independent Political Report

Florida Governor DeSantis Sends recommendations for Distribution of Federal Funds to Florida Legislature

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Governor Ron DeSantis sent a letter to Florida Senate President Wilton Simpson and Speaker of the Florida House of Representatives Chris Sprowls outlining how to utilize a portion of federal funds the state is expected to receive via the recently signed American Rescue Plan Act of 2021.

The federal stimulus package provides $1.9 trillion in new spending in response to the COVID-19 pandemic. The Act includes “Coronavirus State and Local Recovery Funds,” which provides $195.3 billion to the States and the District of Columbia.

The Governor’s recommendations include helping Floridians in need, and making major investments in critical areas such as infrastructure, education, and workforce development to continue Florida’s rapid economic recovery.

A top priority of the Governor remains the support and celebration of pandemic first responders and their role in serving the state. The Governor’s recommendations include a onetime $1,000 direct payment to full-time sworn law enforcement officers, firefighters, paramedics, and emergency medical technicians. The Governor’s recommendations further support Floridians by putting in place a modernized reemployment assistance system to correct critical design flaws and improve the delivery of services to Floridians.

Florida’s recovery has far outpaced early projections and is on track to restore pre-pandemic economic growth. To bolster Florida’s recovery efforts, the Governor is recommending over $500 million for economic development and recovery initiatives. These recommendations will boost Florida’s tourism industry, support critical job sectors, and maximize Florida’s economic incentive toolbox to get money out the door to support programs that create high-paying jobs.

The Governor’s recommendations also take important steps to invest in Florida’s infrastructure, resilience, and readiness. Florida’s transportation work program will be made whole again, fully funded at pre-pandemic levels. Further, the Resilient Florida Grant Program, offering state and local grants for resilience projects, will receive a $1 billion lift. This will provide more than $2 billion over the next four years when combined with the Governor’s Florida Leads Budget recommendation. The Governor also invests in Florida’s security with a recommended $41.7 million to enhance the Florida National Guard and $1 billion for the creation of an Emergency Management Response Fund.

Finally, the Governor is recommending $185 million for workforce training and research initiatives. Through Executive Order 19-31, the Governor began making Florida the number one state in the nation for workforce education, and this recommended funding continues that focus to prepare Floridians to fill high-demand, high-wage occupations. The Governor continues efforts to support research to prevent, diagnose, treat, and cure Alzheimer’s disease by dedicating $10 million for the Ed and Ethel Moore Alzheimer’s Disease Research Program.

Governor DeSantis’ budget recommendations to the Florida Legislature regarding the use of these federal funds are listed below:

Providing Assistance to Floridians

$208.4 Million (FY 20-21) – Direct Payments to Pandemic First Responders

$73.2 Million (FY 21-22) – Re-Employment Assistance Modernization

$56.6 Million (FY 21-22) – Re-Employment Assistance Operations

$72 Million (FY 21-22) – Behavioral Health System Modernization

Promoting Economic Development and Recovery 

$258.2 Million (FY 20-21) – Relief for Florida’s Seaports

$150 Million (FY 21-22) – Florida Job Growth Grant Fund

$50 Million (FY 21-22) – VISIT FLORIDA

$50 Million (FY 21-22) – Economic Development Transportation Fund

Investing in Infrastructure, Resiliency and Readiness 

$938.4 Million (FY 20-21) – Transportation Work Program

$1 Billion (FY 21-22) – Resilient Florida Grant Program

$1 Billion (FY 21-22) – Emergency Management Response Fund

$41.7 Million (FY 21-22) – Florida National Guard Expansion

Workforce Training and Research 

$125 Million (FY 21-22) – Education and Employment Training Program

$60 Million (FY 21-22) – Workforce Development Capitalization Incentive Grants

$10 Million (FY 21-22) – Alzheimer’s Disease Research Program

The Governor’s recommendations total $4.1 billion, of which $1.4 billion are recommended for immediate use during the current fiscal year. The Governor is not recommending the appropriation of the full expected state allocation, and instead is requesting the Legislature leave a portion of the funds aside to evaluate Florida’s economic recovery throughout the year and make additional targeted appropriations at a later time.

The Governor’s letter outlining his recommendations can be found HERE.

Poll Shows Voters Over 65 Reject Caps on THC Levels for Medical Cannabis

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Lawmakers on the fence about supporting a THC cap on constitutionally protected medical marijuana should listen to voters. In a poll commissioned by the Florida Cannabis Action Network, voters confirm their opposition to proposed THC Caps.

In the poll conducted March 10, 2021, of over 700 likely voters in Florida over 60.9% oppose any caps on THC levels produced in medical marijuana products.

In the analysis provided by The Political Matrix and The Listener Group, they said,” Most of the study was sampled strongly in the Northwestern Florida Panhandle and the North Central part of Florida; areas that are thought to be traditionally conservative.”

Among the results, men and women across party lines oppose capping THC in medical marijuana products at roughly the same rate. Gen X’ers, those between 35 to 44-years old, showed the highest support for “no caps” at 73% though they made up less than 10% of those surveyed. Of the 332 respondents over age 65, over 56% said they did not believe there should be a cap on THC levels produced in medical marijuana products.

Maria Hurley, president of the Florida Cannabis Action Network, said, “Over 500,000 patients have taken all the steps to receive safe, legal access to cannabis as a complementary therapy for some very serious disorders. Lawmakers in Tallahassee referring to those patients as drug seekers and the specialists who treat them as people who ‘just want to get rich’ is disrespectful. We can only hope the more reasonable voices in the Florida House and Senate will listen to voters and stand up for the patients who need this program.”

Respondents to the poll were also asked if they think we should legalize recreational marijuana in this legislative session. Among likely Republican voters, those who voted in the last 8 elections, 51% said yes.

Jodi James leads Florida Cannabis Action Networks legislative strategy. She said, “We have long believed that many lawmakers are out of touch with their voters. Floridians understand the value safe, affordable access to medical Cannabis is for patients, and they are ready to end the prohibition of Cannabis for adults. While some fringe radicals in the Florida Legislature are pushing THC caps and limits on free-enterprise, this poll confirms likely voters in every demographic want lawmakers to legalize Cannabis for recreation right now.”

Bottoms up on another Florida alcohol law

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Florida has many laws on the books that most feel need repealing, and the one gallon limit on the size of wine containers is one of them. Yesterday, the Florida House’s HB 6073 sailed through the Regulatory Reform Committee and is waiting on the Commerce Committee’s passage before progressing further. There is a related bill by Jeff Brandes in the Florida Senate, SB 142.

Who knew state law prohibited the size of a wine container? Sure enough, there is a state law, Florida Statutes 564.05, that limits wine to be sold in a container at or under one gallon and is punishable as a second degree misdemeanor if violated.

These are just one of a few potential freedoms being suggested in the Florida legislature for the alcohol industry. Another bill introduced by Brandes would allow patrons of an establishment to take their alcohol off-premises for consumption, which is illegal now. That bill needs to get through three committees before heading to the Florida Senate floor for a final vote.

Online sales tax measure is moving through the Florida legislature

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Many Florida businesses complain about Amazon having an unfair advantage as they claim the business does not pay state sales tax, which is inaccurate. Amazon has been paying millions in state sales tax since 2014 in Florida. But that doesn’t mean other online retailers pay, even the small ones, so SB50 and H15 are looking to impose Florida’s 6% sales tax on most online or mail order sales (remote sales) being shipped to Florida.

We expect SB 50 to appear on the Florida Senate’s special calender on 3/11/2021. The bill would require out-of-state retailers and marketplace providers with no physical presence in Florida to collect Florida’s sales tax on sales of taxable items delivered to purchasers in Florida if the out-of-state retailer or marketplace provider makes a substantial number of sales into Florida. A substantial number of remote sales means conducting many taxable remote sales in an amount exceeding $100,000 during the previous calendar year.

The Revenue Estimating Conference (REC) determined the bill would:
– Increase General Revenue Fund receipts by $973.6 million in Fiscal Year 2021-2022 and by
$1.08 billion each year thereafter.
– Increase state trust fund receipts by $0.3 million in Fiscal Year 2021-2022 and by $3.3
million each year thereafter.
– Increase local tax revenues by $229.5 million in Fiscal Year 2021-2022 and by
$253.7 million each year thereafter.

Except as otherwise provided in the bill, the bill takes effect on July 1, 2021.

Florida legislature attempts to cap amount of THC on medical marijuana, taking decisions out of the hands of doctors and patients

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On Tuesday, March 9, 2021, the Professions and Public Health Committee of the Florida House will hear HB 1455, a bill that would cap the amount of THC permitted in medical marijuana. The bill would take prescriptions out of the hands of doctors and patients by implementing a general standard invoked by state politicians. As often the case, Republicans who state they are for less regulation, are supporting yet another bill which would increase regulations on businesses and Florida citizens.

HB 1455 puts patients’ lives at risk by criminalizing products that have proven health benefits, puts an unnecessary tax on patients who must use more and spend more when potency is capped, and it violates doctors’ abilities to advertise their practice.

Concerned citizens can contact the following, if so inclined:

Professions & Public Health Subcommittee

Chair: Robinson , Jr., William Cloud "Will" [R] will.robinson@myfloridahouse.gov    (850) 717-5071

Vice Chair: Fernandez-Barquin, Juan Alfonso [R] juan.fernandez-barquin@myfloridahouse.gov   (850) 717-5119

Smith, Carlos Guillermo [D]*    carlos.smith@myfloridahouse.gov (850) 717-5049

Andrade, Robert Alexander "Alex" [R]    alex.andrade@myfloridahouse.gov (850) 717-5002

Arrington, Kristen Aston [D]    kristen.arrington@myfloridahouse.gov    (850) 717-5043

Eskamani, Anna V. [D]   anna.eskamani@myfloridahouse.gov    (850) 717-5047

Garrison, Sam [R]   sam.garrison@myfloridahouse.gov (850) 717-5018

Gottlieb, Michael "Mike" [D]    michael.gottlieb@myfloridahouse.gov (850) 717-5098

Killebrew, Sam H. [R]   sam.killebrew@myfloridahouse.gov    (850) 717-5041

Maggard, Randall Scott "Randy" [R]  randy.maggard@myfloridahouse.gov    (850) 717-5038

Maney, Thomas Patterson "Patt" [R]  patt.maney@myfloridahouse.gov   (850) 717-5004

McClain, Stan [R]   stan.mcclain@myfloridahouse.gov (850) 717-5023

Rayner, Michele K. [D]  michele.rayner@myfloridahouse.gov   (850) 717-5070

Rizo, Alex [R]  alex.rizo@myfloridahouse.gov    (850) 717-5110

Rommel, Bob [R] bob.rommel@myfloridahouse.gov   (850) 717-5106

Sirois, Tyler I. [R]    tyler.sirois@myfloridahouse.gov (850) 717-5051

Skidmore, Kelly [D] kelly.skidmore@myfloridahouse.gov   (850) 717-5081

Tuck, Kaylee [R]    kaylee.tuck@myfloridahouse.gov  (850) 717-5055

When will Florida end daylight saving time, falling back and springing forward?

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Overnight tonight, Floridians will turn their clocks back one hour to comply with the end to daylight saving time. You will remember, in 2018, the Florida legislature passed a bill to end the practice of changing our clocks forward and back twice a year. The only states or territories of the United States that do not adhere to this practice are Arizona, Hawaii, Puerto Rico and the U.S. Virgin Islands.

So what happened?

Just because Florida is in favor of ending daylight saving time, the U.S. Congress must approve the change. Senators Marco Rubio and Rick Scott introduced the Sunshine Protection Act in March 2019, yet they have not taken it up.

There are health considerations to stopping the practice which would help extend the lives of Floridians. Which makes it that much more perplexing why we continue the daylight saving time ritual. Besides heart attacks, the practice also increases bouts with depression. Also, there is a proven track record of an increase in traffic accidents the week after we change our clocks one hour forward in the Spring.