200+ new laws take effect, Florida heatwave, state appeals ruling that blocks ‘drag show’ law, and more...
July 7, 2023 — This Week's Top Stories in Florida
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Here’s the latest from Florida…
Over 200 new state laws take effect
More than 200 new laws passed by the Florida Legislature and signed by Gov. Ron DeSantis took effect on July 1, ranging from guns to gender identity and immigration to prescription drugs. Many of the new laws have drawn widespread attention and opposition while others are embroiled in active lawsuits. Here are some of the most notable changes to state law:
Permit-less carry: Eligible Floridians will be able to concealed carry a firearm in the state with exceptions from certain places.
Six-week abortion ban: Abortions after six weeks of pregnancy are banned, with exceptions for victims of rape, incest, and human trafficking who may be permitted to have an abortion up to 15 weeks of pregnancy as long as proof is provided, such as a police report. However, the prohibition will not take effect until after the Florida Supreme Court issues a ruling on the constitutionality of the former 15-week ban, and only if upheld.
Immigration: Private companies with more than 25 employees will be mandated to use E-Verify and establishes penalties on employers who knowingly hire undocumented immigrants. Hospitals that accept Medicaid will also be required to document the citizenship of patients. DeSantis’ migrant relocation flight program is reinstated with $12 million.
Transgender care: A ban is implemented on gender-affirming care for minors, which restricts doctors from providing surgery and hormone therapy. It also restricts access for transgender adults by requiring them to complete and sign an informed consent form approved by the governor-appointed state medical board. Any violation of the law becomes a third-degree felony offense, punishable by up to five years in prison.
Universal school choice: An expansion of school choice removes income-eligibility restrictions and enrollment limits, allowing essentially any Florida student in elementary, middle or high school to obtain a school voucher to attend a private school. The voucher can also be used to pay for homeschooling resources (if homeschooling parents agree to abide by state guidelines and testing) or, pay for other education-related costs.
Pronouns & sexual education: The bill defines “sex” as being based on the chromosomes or naturally occurring hormones that a person is born with and restricts teachers from asking or acknowledging students on their preferred pronouns. Instruction on the menstrual cycle must wait until grade six and teachers will be required to emphasize abstinence outside of marriage and the “benefits of monogamous heterosexual marriage.” Topics of sexual orientation and gender identity will not be taught until grade eight.
Foreign ownership: Non-U.S. citizens of China and foreign businesses will be banned from purchasing land in Florida, along with nationals from “countries of concern,” including Cuba, Venezuela, North Korea, Russia, Iran, and Syria. The prohibition applies to agricultural land in the state or property within ten miles of a military installation or “critical infrastructure.”
Bathroom use: Individuals will be mandated to use bathroom facilities corresponding to their sex assigned at birth. The law applies to restrooms and locker rooms at public colleges and universities, K-12 public schools, correctional institutions, domestic violence centers, and other government buildings.
Higher education: State and federal dollars will be prohibited from use by colleges and universities for Diversity, Equity, and Inclusion (DEI) programs and initiatives. General education courses are also restricted from teaching critical race theory (CRT), the idea that racism, sexism, oppression, and privilege are embedded within the systems and institutions of society to maintain inequities.
Prescription drugs: Pharmaceutical companies will have to notify the state about any price increases of 15% within a calendar year or 30% within a three-year period.
Death penalty: A unanimous jury is no longer required to impose the death penalty, requiring only eight out of 12 jurors to agree on capital punishment. The death penalty is also expanded to be sought in certain sexual battery crimes against children under 12.
Affordable housing: The state is prioritizing affordable housing by allocating $711 million for housing projects and rental assistance programs that aim to incentivize investment and limit barriers to such developments. Among the changes, the law provides property tax exemptions for eligible affordable housing projects, exempts proposed multi-family or mixed-use developments from obtaining a zoning or land use change, and increases funding for the state’s two largest affordable housing programs – SHIP and SAIL. Rent control ordinances are also prohibited from being enacted by local governments.
Lawsuit reform: The window of time to file negligence lawsuits is reduced to two years, “one-way” attorney fees are largely eliminated, and raises the standards to bring a bad faith claim against an insurer.
Digital privacy: Big Tech companies will be prohibited from collecting and using personal information or tracking the day-to-day movements of users. Consumers also gain the right to control their personal data, including the right to confirm, access and delete their personal data from a social platform, the right to opt out of having their personal data sold, and the right to not have personal data used against users when applying for a job or purchasing a home.
Tax breaks: Numerous sales-tax exemptions are applied on dozens of products, including a series of sales-tax “holidays” on categories of consumer goods. The commercial-lease tax rate drops to 4.5% in December.
Amusement ride safety: Amusement rides will be required to post signs about height/weight requirements and medical conditions that would forbid thrill-seekers from riding. Ride operators will also be mandated to report any major ride modifications made after having already been permitted by the state, require training for workers, and allow state investigators to conduct impromptu ride inspections.
Spaceflight liability: Extends liability protections for aerospace companies in the event of an accident resulting in the death or injury of crew members during spaceflights.
Florida State Guard: The state’s own defense force becomes permanent and increases its member capacity to 1,500 volunteers, and assumes a budget of $108 million to assist during emergency declarations.
Summer Scorcher: Florida experiences unbearable heatwave with record temperatures
This past week’s temperature can best be described as “blazing,” “sweltering,” “searing,” and “fiery” as the Southeast experienced a heatwave that brought an extended period of hot and humid weather across the region. Heat advisories spanned the Sunshine State, from Jacksonville to Tampa and Orlando to Miami as the combination of heat and humidity resulted in feels-like temperatures reaching up to 112 degrees in some areas. High temperatures reached the upper 90s for several days this week and set records in Naples, Sarasota, Sanford, Brooksville, and Tampa, as other cities experienced their hottest days of the year so far. The severe heat was apparent during festivities on the Fourth of July as the early summer heatwave broke daily record highs in Tampa, reaching an average temperature of 97 degrees. The steamy conditions are expected to remain for several days before falling closer to average temperatures, but heat advisories will likely be reissued in the coming weeks as the future forecast remains above average. Globally, July 4 was the hottest day ever recorded with the planet’s average temperature climbing to 62.92 degrees, according to the University of Maine Climate Change Institute.
Florida appeals federal ruling that blocks ‘drag show’ law
A central Florida federal court temporarily blocked a new state law that would restrict minors from attending drag shows, arguing that it was too vague and likely violated constitutional free speech protections provided under the First Amendment. The law, known as the "Protection of Children" bill, was passed by the Republican-controlled legislature in April and took effect in May, effectively targeting drag performances by prohibiting venues from admitting children to adult live performances that depict or simulate nudity, sexual conduct, or lewd exposure. It allows state regulators to suspend or revoke licenses of venues that violate the law and prohibits local governments from issuing permits for events that expose children to such behavior. Following the preliminary injunction issued by the federal judge, Attorney General Ashley Moody has filed an appeal to challenge the ruling and seeks to stay the law while the appeal is pending, allowing the state to enforce the provisions of the new measure. The motion argues that the injunction threatens the state and the children it aims to protect, extending beyond the plaintiff to nonparties who may expose children to obscene performances. The lawsuit was brought by Hamburger Mary’s, an Orlando-based restaurant chain offering live “family-friendly” drag shows, which sued the state of Florida in May over the law, alleging that it was a violation of protected speech and was overbroad. The ruling by the federal court sided with Hamburger Mary’s assertion that the law violated First Amendment rights and granted the restaurant operators’ request for a preliminary injunction to block regulators from enforcing the law, which was championed by DeSantis and Republican allies.
Florida Underwater: 1 million buildings will be flooded from sea-level rise by 2100, per study
A dire forecast reveals that millions of Floridians residing in low-lying areas will be displaced by the end of the century as storms, fueled by rising sea levels caused by global warming, wreak havoc on the state. According to a recent analysis by a flood-risk data and research group HighTide Intelligence, the consequences of climate change will force residents to either elevate their homes or face devastating flooding and exorbitant insurance costs. With sea levels projected to rise one foot by 2030 and an additional three feet by 2100, the idyllic allure of beachfront living in Florida could soon transform into a nightmare for countless homeowners. HighTide Intelligence estimates that approximately one million buildings, predominantly single-family homes, will be submerged if no action is taken. To underscore the severity of the situation, HighTide Intelligence developed Arkly.com, a user-friendly website enabling homeowners to assess their flood risk by entering their home address. The repercussions are already tangible, as Florida residents experience skyrocketing insurance premiums, policy cancellations, and multiple insurance companies leaving the state altogether. HighTide Intelligence's statewide analysis reveals alarming projections, stating that by 2050, a once-in-a-century storm could inundate 1.6 million buildings in Florida's coastal counties, resulting in a staggering $321 billion in losses. By 2100, those numbers increase to 2.4 million buildings and more than $624 billion in losses. Satellite Beach alone faces significant risks, with 2,200 households, half of the city's population, at stake and potential flood damages reaching $142 million by 2050.
DeSantis ups death row executions
The state is set to execute the fifth man on death row within six months as DeSantis increases the pace of capital punishment warrants during his 2024 presidential bid. After only signing two death warrants during his first term, some speculate that these actions are part of the governor’s attempt to compete with his Republican rival, former President Donald Trump, who executed 13 federal inmates during his last six months in office. The move is likely also to highlight DeSantis’ hardline stance on crime and appeal to a large contingency of the Republican Party that favors the death penalty. Last week, DeSantis signed a death warrant for 61-year-old James Barnes of Brevard County who has sat on death row since 2007 for the murder and rape of a nurse in 1988. He is scheduled to be executed on August 3. The average time spent on death row before execution is nearly 23 years in Florida. While some states have halted capital punishment in recent years, Florida has been accelerating it under DeSantis's leadership. The state is one of 24 where the death penalty is still active. However, DeSantis’ six executions so far during his governorship fall well short of his predecessor Rick Scott, who holds the record for the most state executions in his first term and presided over a total of 28 executions across two terms. Gov. DeSantis's office claims that the increased rate of executions is because COVID-19 protocols and state emergencies previously delayed the death warrant process, but critics argue that the timing coincides with the 2024 election. The Republican governor has long touted that Florida is a “law-and-order state” and a series of back-to-back executions helps support that claim. Public opinion on the death penalty remains divided, with Republicans and right-leaning independents favoring it by more than three-quarters compared to a near-even split between Democrats and Democrat-leaning independents, according to The Pew Research Center.
Federal judge blocks new election law
A federal judge in Tallahassee has issued a temporary injunction blocking the enforcement of a new election law in Florida that imposed restrictions on voter registration and get-out-the-vote efforts. The decision blocks enforcement of the new law that went into effect on July 1. Judge Mark Walker of the Northern District of Florida, an Obama appointee, ruled that these provisions likely violate the U.S. Constitution and said it was the state’s "latest assault on the right to vote.” The law, signed by Governor Ron DeSantis in May, prohibited non-citizen immigrants from assisting with voter registration and subjected groups that retained certain voter registration information to potential felony prosecution. Plaintiffs, including the Florida chapter of the NAACP, argued that the law violated free speech rights and the equal protection clause as it prevented a “pro-voting message” and applied to non-citizen participation in voter registration. Judge Walker agreed with the plaintiffs, noting that the decision is not final, but the injunction allows voter registration efforts to continue for now. Republicans argued that the restrictions help ensure the integrity of the election process by reducing the risk of fraud from non-citizens voting and cracking down on groups that historically submit voter applications late. The law faced opposition from organizations focused on registering Black and Hispanic voters.
DeSantis campaign’s endorsement strategy
During his campaign for the White House, Gov. DeSantis has been focusing on garnering endorsements from state lawmakers in Florida and across the country as part of his strategy to build support for his candidacy. He has struggled to gain the backing of any notable Republicans and has only received the endorsements of five U.S. representatives and one governor. He has yet to secure any endorsements from U.S. senators. Meanwhile, former President Donald Trump has earned the pledged support from a majority of more recognizable national politicians who have weighed in on the GOP primary contest, including 62 U.S. representatives and ten U.S. senators. However, the Florida governor has successfully gained the support of at least 259 state lawmakers, a tactic his team believes will resonate with grassroots voters. These endorsements, particularly from key early states, provide DeSantis with allies who can help him appeal to rank-and-file Republican voters across the country. His campaign argues these individuals are those closest to voters and their community and serve as a bridge to reaching the local party’s most engaged members. State lawmakers, in announcing their endorsement support, cited that they are impressed by DeSantis' electoral track record, policy understanding, and record of accomplishments in Florida, crediting his effective leadership and conservative vision for governance. DeSantis has personally engaged with state lawmakers, holding phone calls, attending small gatherings, and visiting state capitals, further establishing personal connections amid criticism that he lacks charm and the ability to subscribe to the expectations of retail politics. While DeSantis still trails former President Donald Trump in endorsements and polls, these endorsements from state lawmakers serve as a refutation to the perception of lagging support that his campaign has been trying to shake off.
DeSantis speaks at Moms for Liberty summit in Philadelphia
Moms for Liberty, the political advocacy organization that was founded in 2021 by former Florida school board members, held its second annual summit last week in Philadelphia, bringing together supporters, protestors, and presidential candidates. The Republican-affiliated group aims to empower and protect parental rights in the school system and government, proving to be outspoken opponents on a number of issues, including critical race theory, LGBTQ and transgender rights, and other liberal ideologies espoused in schools that they view as “indoctrinating” children. Gov. DeSantis headlined the first day of the three-day event to tout his record against the “woke agenda” and emphasize his gubernatorial agenda as a model for the parental rights movement.on school choice, education curriculum, pronoun usage, diversity, and gender identity. While DeSantis received ample support from the hundreds in attendance, there were also protests by advocacy groups protecting LGBTQ+ and reproductive rights who decried the organizer Moms for Liberty as “fascist” and “hateful.” Philadelphia Mayor Jim Kenney also expressed opposition to the group's attempts to ban books, reframe history, and silence conversations about race and gender. Other Republican presidential candidates speaking at the event were former South Carolina Gov. and Ambassador Nikki Haley and former President Donald Trump.
Jobless claims decline in Florida
According to a recent report from the U.S. Department of Labor, the number of initial jobless claims in Florida has decreased for the second consecutive week. The report stated that 5,872 individuals filed for first-time unemployment benefits in Florida last week. This figure is lower than the revised counts of 6,463 claims filed during the week ending June 17 and 6,921 claims filed during the week ending June 10. Since the beginning of this year, Florida has been experiencing an average of 5,737 weekly unemployment claims. In May, the state had an unemployment rate of 2.6%, with approximately 287,000 Floridians classified as unemployed from a total labor force of 10.998 million. The June unemployment report for the state is scheduled to be released on July 21. Florida’s 2.6% unemployment rate is the lowest level seen since December 2006.
World’s largest Buc-ee’s is coming to Florida
Buc-ee’s, the beloved Texas-based chain of convenience stores and gas stations is set to open its largest store ever in Ocala, Florida, along Interstate 75, near Highway 326. The Marion County travel center will feature 80,000 square feet of retail space, 120 gas pumps, 750 parking spaces, and the famously clean restrooms that make it a must-stop destination. Of course, the Texas barbeque, homemade fudge, Beaver nuggets, jerky, made-to-order food, and the wide selection of branded merchandise will also prove popular with Florida travelers. However, before the cult-favorite chain can open, the Florida Department of Transportation (FDOT) will have to pave the way for the store by building a new nearby interchange off I-75 to provide an improved connection to the interstate and accommodate traffic. This will likely take years to complete, but in April, Gov. DeSantis put $4 million toward the project via the state's Job Growth Grant Fund to encourage the project. The Ocala location will be the third Buc-ee's to open in Florida, with stores already located in Daytona Beach and St. Augustine.
Florida beach ranks among the world’s most dangerous
On average, about 70 documented shark attacks take place worldwide each year, as reported by the Florida Museum of Natural History’s International Shark Attack File (ISAF). Unsurprisingly, many of these unprovoked incidents happen in Florida, a state known for its extensive coastline and featuring some of the world’s most-visited beaches. For decades, Florida has consistently led the world in shark attacks, and 2022 was no exception. Last year, there were 16 documented shark attacks on Florida beaches, accounting for a significant 28% of all shark attacks globally. Among the Florida counties, Volusia County stood out with nearly half of the state's shark attacks. More specifically, the majority of these incidents occurred in the waters of New Smyrna Beach, situated on Florida's east coast just south of Daytona Beach. New Smyrna Beach holds the unsought distinction of being the "Shark Bite Capital of the World." The popular surf spot features 17 miles of white-sand beaches, turquoise waters, and is situated adjacent to Ponce de Leon Inlet, finding itself at the confluence of the Halifax River and the Atlantic Ocean. This inlet generates a powerful tidal flow that serves as an optimal feeding environment for sharks and draws around 40 different species, increasing the likelihood of encounters with beachgoers. This unique location contributes to the high number of sharks in the area and the 94 reported shark bites in Volusia County from 2012 to 2021. Although, it’s important to keep in mind New Smyrna Beach attracts over 422,000 tourists to the area annually, and the odds of a fatal shark attack are minuscule at 1 in 3,748,067.
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