DeSantis seeks lawsuit reforms to combat Florida's litigious environment, College Board v. FL Education Dept., banning "woke" banking, and more...
February 17, 2023 — This Week's Top Stories in Florida
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Here’s the latest from Florida…
Gov. DeSantis eyes reforms to the state’s legal system
Joined by House Speaker Paul Renner and Senate President Kathleen Passidomo in a news conference this week, Gov. Ron DeSantis discussed making lawsuit reforms to the state’s court system. Referencing Florida’s top ranking nationwide as “a judicial hell hole,” DeSantis cited the absorbent costs citizens face in litigation while disproportionately benefiting lawyers and vowed to bring reforms to “decrease frivolous lawsuits and prevent predatory practices of trial attorneys” that take advantage of Floridians, according to a press release by his office. Touted as “the most comprehensive reforms in decades,” proposed reform measures include eliminating one-way attorney fees, amending the “bad faith” law, and preventing small businesses from having to pay excessive damage fees when they are not primarily at fault. Florida’s “bad faith” law allows an insured person or someone injured by an insured person to collect damages from an insurer who unreasonably refuses to pay a claim. DeSantis also seeks to eliminate fee multipliers awarded to attorneys taking on cases with the contingency of only being paid if they win their client’s case. Excessive litigation has plagued Florida for decades, exacerbated by predatory trial attorneys seeking to line their pockets through lawsuit abuse that drives up costs for Floridians. Speaker Renner and President Passidomo pledged to provide balance to the state’s legal system by protecting the rights of citizens who suffer financial or physical injuries while reducing costs associated with prolonged litigation. While legislation outlining these reforms has not yet been filed, it is expected to be taken up when the annual legislative session begins on March 7, especially since the measures have the full support of House and Senate leaders. The goal of the forthcoming legislation will be to encourage business development by making the state more hospitable to attract companies with a sound and stable legal environment. Several Democratic lawmakers and trial lawyers have pushed back against the proposed reforms, arguing that Floridians will be unfairly harmed by new limits on bringing lawsuits and seeking legal fees. Meanwhile, the Florida Chamber of Commerce and Associated Industries of Florida endorsed the governor’s announcement, referencing the state’s hostile tort climate as harmful to local businesses across industries.
College Board criticizes Gov. DeSantis, Education Department
College Board, the nonprofit organization tasked with developing and administering standardized tests and curriculum nationwide, has gone on the offensive against Gov. Ron DeSantis and the Florida Department of Education (FDOE) after the state banned a new AP African American Studies course being piloted across the country. College Board is responsible for the Advanced Placement (AP) program offered to high school students to earn college credits and also designs the SAT, the college admission exam. The education organization accused DeSantis and FDOE of “slander,” after top officials, including the governor, rejected the course as “woke indoctrination” and a violation of the state’s “Stop W.O.K.E. Act,” which forbids the teaching of critical race theory in K-12 schools. In a statement, College Board acknowledged they should have acted quickly to dispel claims by FDOE that the AP African American Studies course was overtly politicized and lacked educational value. Following Florida’s objection to the course, the curriculum content was altered, but College Board said the state’s grievances had no influence on the changes nor did they receive suggestions or feedback. They expressed regret for not combatting the criticisms lobbed by Florida officials sooner and that its "failure to raise our voice betrayed Black scholars everywhere.” College Board said as part of the course’s pilot program, controversial topics like the Black Lives Matter movement, Black queer studies, and reparations were optional and not required teaching.
In response to the statement issued by College Board, condemning the state’s “misinformation” and politicization attempts, Gov. DeSantis implied removing Advanced Placement courses from being offered statewide. He suggested this week at a news conference in Naples that the state reevaluate its relationship with College Board and seek alternatives for high school students to earn college credits. “Nobody elected them to anything,” DeSantis said of the educational nonprofit organization. “They are just kind of there, and they provide a service, and so you can either utilize those services or not…there are probably other vendors who may be able to do that job as good or maybe even a lot better,” he added.
DeSantis seeks crackdown on “woke” banking
The world’s largest financial institutions could soon find themselves facing new limitations in the state of Florida if Gov. DeSantis gets his way. Last week, the Republican governor announced proposed legislation designed to end so-called “woke” banking and ESG policies carried out by major banks to achieve social goals. ESG, or environmental, social, and governance, are a set of criteria enacted by a company to measure its impact and progress toward environmental sustainability, social progress, and ensure internal decision-making aligns with these aims. The ESG guidelines that drive some economic institutions and investors include issues like climate change, anti-fossil fuel preference, equitable executive pay, and diversity, equity, and inclusion (DEI), the latter of which has been a target of DeSantis. It’s about being good stewards in the world amid pressure and influence by millennials and Gen Z in the global economy, but others see it as a push to embrace “wokeness” and “inject political ideology into investment decisions, corporate governance,” and the economy, as DeSantis put it. He said the purpose of ESG was a campaign against the U.S. becoming energy independent by limiting oil and gas and “violates the fiduciary duty that executives have to shareholders.” To rein in banking “wokeness,” the governor outlined several legislative proposals for consideration when lawmakers convene on March 7. Among the proposals are prohibiting the use of “social credit scores” by financial institutions to make investment or lending decisions and restricting banks from showing a bias toward customers along religious, political, or social beliefs. The governor’s office said they will also attempt to end ESG practices in investment strategy that is embedded at the state or local level, such as procurement, the issuance of bonds, or requesting or preferring ESG values during the contracting process. The changes add to the administration’s announcement last August to prohibit state pension fund managers from making ideological considerations in investments that align with the ESG movement. As a result, Florida’s pension investment management practices are updated to ensure investment decisions are solely related to economics without influence from “social, political, or ideological interests,” and establishes the State Board of Administration to conduct a review of the Florida Retirement System pension plan practices. The proposed policies do not affect private investments – only funds managed by the state or local government entities.
Former Ag Commissioner Nikki Fried announces run for Democratic Party chair
After a brutal 2022 midterm election, Florida Democrats are on the hunt for a new party chairperson that can lead the faction to be competitive in the once-swing state. Now a new name has emerged in the contest to vie for the role – Nikki Fried, the former state agriculture commissioner who was the first elected female to hold the title and was the only Democrat to win statewide following her 2018 election. Fried also ran unsuccessfully to be the 2022 Democratic nominee for governor, losing the battle to then-Congressman Charlie Crist, who lost handily to incumbent Republican Governor Ron DeSantis in the general election. In announcing her run, Fried said state Dems will be required to “rededicate ourselves to voter registration, training, and growing our progressive coalitions.” “I am determined to rebuild the trust of national committees and I will dedicate the full weight of the Party to quality candidate recruitment and to reforming our antiquated weighted vote system and bylaws which too often exclude rather than include,” she added. The seat has been vacant since former Chairman Manny Diaz abruptly resigned on January 9 following months of pressure to resign and released a stinging letter upon his exit that was critical of the party’s infrastructure and resistance to change. Much work will be required for the future chair of the Democratic Party to rebuild and unite the coalition of voters as they lag behind Republicans by more than 390,000 registrants. Democrats will need to address their money problem, which includes attracting dollars from national Democratic groups, invest in political infrastructure, and establish a long-term presence in key communities, especially those that are predominately minority. Fried joins perennial political candidate and former Miami state Sen. Annette Taddeo for the position, among some lesser-known names. Democrats will meet on February 25 in Orlando to vote on a new leader.
Two criminal justice bills clear important House Committee
A bill providing compensation to individuals wrongfully incarcerated and another increasing penalties for violent crimes against criminal defense attorneys passed the House Criminal Justice Subcommittee last week, paving the way for likely passage by the full Legislature. HB 43, filed by Rep. Traci Koster (R-Tampa) in December, will remove hurdles that prevent several wrongfully convicted and later exonerated individuals from being eligible to receive state compensation. Rep. Koster said 17 of 84 exonerated convicts are unable to collect compensation despite collectively losing 270 years of their lives behind bars, but the legislation’s amendments seek to address that problem. The changes remove Florida’s so-called “Clean Hands” provision and would allow a person two years to file a petition to apply for compensation, up from 90 days the time that is currently allowed. The “Clean Hands” provision removes compensation eligibility for convicts who committed crimes while in prison or had previously been charged with other violent felonies before being wrongfully incarcerated. Compensation for wrongful incarceration remains unchanged at $50,000 for every year of time served in prison up to $2 million. The other bill, HB 71, sponsored by Rep. Patt Maney (R-Fort Walton Beach), titled “Violent Offenses Committed Against Criminal Defense Attorneys,” would apply penalties for those who commit violent crimes against criminal defense attorneys, giving them the same protections as law enforcement, judges, and correctional officers. The legislation sailed through the House Criminal Justice Subcommittee in a 16-1 vote.
The price tag of rebuilding after Hurricane Ian
After Hurricane Ian ravaged the Southwest Florida coastline, the region’s barrier islands like Sanibel, Pine Island, and Matlacha were among the most devastated, having suffered unthinkable damage to critical infrastructure. Among the wreckage were the bridges and causeways connecting these island communities to the mainland that had washed away into the Gulf and left residents stranded. The only way to obtain food, water, or gasoline was by boat if residents were fortunate enough to have access to one. However, in a visit just days after Ian’s landfall, Gov. DeSantis vowed to work quickly to help rebuild the coastal area’s roadway infrastructure to accelerate recovery. The state via the Florida Department of Transportation (FDOT) mobilized by cutting through the red tape and ended up restoring the most affected bridges, island causeways, and roads ahead of schedule. Now we know the cost to taxpayers for making those necessary repairs – more than $43 million. As of January’s numbers, the state has spent $32.1 million in construction costs to repair various bridges and roadways with an additional $11.1 million in paving expenses. This includes the $5.4 million temporary bridge to Matlacha, which was built and reopened within days, and the more costly fixes to Sanibel Causeway at $23.3 million in construction and $5.1 million in paving costs. Another $3 million was spent to repair bridges in the area of Lowers Key State Park. Three contractors have been responsible for completing the emergency work – Tampa-based Superior Construction, The de Moya Group of Miami, and Venice-based Ajax Paving Industries of Florida, LLC. – via FDOT’s emergency response contracts. Immediately following the storm, the U.S. Dept. of Transportation’s Federal Highway Administration provided $50 million in emergency funds to aid highway and causeway recovery, with millions more disbursed. Generally, the state seeks federal reimbursement for disaster-related construction expenses incurred.
Voters to decide on proposed changes to Tampa City Council, Mayor
Tampa Mayor Jane Castor and six of the seven city council members are up for election on March 7, but four charter amendments referred to the ballot are getting attention. One of the charter amendments would strip the mayor’s appointment authority by subjecting nominations for department heads and other city employees to city council approval. It would also limit “interim” city officials – those appointed without council approval – to serving a term of six months. Other charter amendments include allowing the city council to create standing boards by ordinance without recommendation by the mayor, establishing term limits for Tampa City Council members to four consecutive four-year terms, and providing for the creation of a Charter Review Advisory Commission every eight years. Threatened by the stripping away of her mayoral powers, Castor had previously vetoed sending the proposed charter amendments to voters, but the city council overrode her vetoes.
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