Judge rules in Warren v. DeSantis, Gov. DeSantis seeks permanent ban against COVID-19 mandates, state to restrict tracking of firearm purchases, and more...
January 19, 2023 — This Week's Top Stories in Florida
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Here’s the latest from Florida…
Warren v. DeSantis: The Verdict
A U.S. district court has ruled in the months-long legal saga between Florida Governor Ron DeSantis and ousted Hillsborough County State Attorney Andrew Warren. As a refresher, DeSantis suspended Warren, a twice-elected Democrat, on August 4, 2022, accusing him of “incompetence and willful defiance of his duties” after the state attorney signed onto a pledge in which he vowed not to prosecute abortion providers and patients. This followed the U.S. Supreme Court’s June 2022 overturn of the 1973 landmark decision in Roe v. Wade that granted women access to receive an abortion. Warren also signed a pledge that committed to not prosecuting doctors who provide gender-affirming treatment to minors. After grabbing the ire of the governor and being removed from office, Warren sued DeSantis in an effort to be reinstated, saying the action violated his First Amendment. Following a three-day trial held in late November, U.S. District Judge Robert Hinkle found the Republican governor violated the state constitution and Warren’s free speech rights by taking into consideration his “speech on matters of public opinion” and defended the state attorney’s exercise of prosecutorial discretion in “every case.” However, the federal judge essentially dismissed the case for lack of jurisdiction as the U.S. Constitution does not allow an elected state prosecutor to return to their post following suspension despite finding Gov. DeSantis violated the law and constitutional protections. “The Eleventh Amendment prohibits a federal court from awarding declaratory or injunctive relief of the kind at issue against a state official based only on a violation of state law,” Judge Hinkle ruled. Therefore, Warren’s suspension will remain in effect, but he will have the opportunity to plead his case before the Florida Senate, which has the final say on his reinstatement by judging the merits of the executive suspension. Gov. DeSantis’ office celebrated the judge’s decision with Press Secretary Bryan Griffin calling the verdict, “a win for the governor…” Meanwhile, after the ruling was announced, former State Attorney Andrew Warren says the fight is “not over.” His options include filing a lawsuit in state court, appealing to the 11th Circuit Court of Appeals in Atlanta, await a hearing in the Florida Senate, or run for re-election to his previous post.
DeSantis aims to make bans against COVID-19 mandates permanent
Governor Ron DeSantis is seeking to make Florida’s prohibition on requiring COVID-19 vaccines, face masks, or vaccine passports permanent as part of a new legislative proposal unveiled this week. Speaking at a “Prescribe Freedom” event in Panama City Beach on Tuesday, DeSantis appeared alongside Florida Surgeon General Dr. Joseph Ladapo to announce his administration will work to permanently prohibit COVID-19 mandates by businesses and schools in the state during the upcoming legislative session. The proposed legislation will also forbid employers from hiring or firing employees based on vaccination status. The “pro-freedom, anti-mandate action will permanently protect Floridians from losing their jobs due to COVID-19 vaccine mandates, protect parents’ rights, and…prevent discrimination based on COVID-19 vaccine status,” reads the press release from the governor’s office. In November 2021, Gov. DeSantis signed legislation temporarily passed through a special session of the legislature that was called in response to the Biden administration’s federal vaccine mandate. The measures are set to expire in June 2023 and include provisions that protect Floridians from losing their jobs as a result of COVID-19 vaccine mandates and ensure parents’ rights to make healthcare decisions for their children as it relates to vaccinations or masking. The law also banned school districts from imposing face mask policies, quarantining healthy students, and established financial penalties for entities who violate these rules. The governor’s proposal also outlines protections for medical professionals' freedom of speech, discrimination based on their religious views, and their right to disagree with the medical community and voice contrary professional opinions without losing their job or medical license.
State officials want to ban tracking of firearm, ammunition purchases
State Agriculture Commissioner Wilton Simpson and several lawmakers have proposed legislation that would ban Florida officials from tracking firearm and ammunition purchases, calling the collection of such data a violation of the U.S. Constitution’s Second Amendment. The so-called “Florida Arms and Ammo Act,” will restrict financial institutions in the state from collecting information on firearm and ammunition purchases. The proposal follows new standards implemented last year by the International Standards Organization (ISO), which establishes rules in the financial services industry, that creates a new merchant category code for firearm and ammunition dealers. The codes will allow credit-card companies to flag and restrict purchases based on the merchant category code assigned to the retailer. The ISO’s decision follows pressure from Congressional Democrats in Washington, D.C., who favored the rules that they say will help identify suspicious firearm sales and lead to a decrease in gun crime. In a release announcing the proposed legislation, Commissioner Simpson says the new merchant category codes would establish a “quasi-registry of Floridians who have legally purchased guns or ammunition.” The bill, titled “Sales of Firearms and Ammunition,” is introduced in the Senate by Senator Danny Burgess (R-Zephyrhills) and in the House by Rep. John Synder (R-Palm Beach).
Citizens Property Insurance to see a 50% increase in policies by the end of 2023
More trouble is on the horizon for Citizens Property Insurance Corp., the state-backed property insurer of last resort, which is expected to continue down a years-long path of instability. The property insurer is projected to add nearly 50% more policyholders by the end of 2023, likely as a result of absorbing new policies from private insurers declaring bankruptcy or dropping customers due to financial losses. The increased policies on Citizens add to Florida’s ongoing property insurance crisis and could result in policyholders across the state being hit with an assessment if Citizens cannot pay all their claims in the event of a significant natural disaster. In Citizens’ 2023 Operating Budget report, analysts anticipate next year will end with nearly 1.7 million premiums – a record high in their 20-year history. The insurer ended 2022 with about 1,153,000 policies and an estimated $2.8 billion in underwriting expenses. By comparison, Citizens averaged about 400,000 policies prior to 2020, with 447,000 policyholders insured in 2019 and $877 million in premiums. The CEO and CFO say they aim to “stabilize internal business operations and priorities” in 2023 amid continued claims from Hurricanes Ian and Nicole, and litigation costs from pending lawsuits targeting insurers. State lawmakers worked to address insurance litigation plaguing the property insurance market during a special session in December, aiming to bring financial balance for insurers. Those reforms will not result in immediate stability in the market, but analysts expect signs of relief to be realized by year-end. Citizens Property Insurance Corp. CEO Barry Gilway announced his retirement in December after serving in the role for more than a decade.
A plan to redevelop St. Petersburg’s Historic Gas Plant District, Tropicana Field
St. Petersburg Mayor Ken Welch will soon make a decision on the proposed plan to redevelop the City’s Historic Gas Plant District, currently the home of Tropicana Field, the ballpark of the Tampa Bay Rays. Four proposals to redevelop the 86-acre downtown site have been submitted to the City of St. Petersburg, including one submitted by the Tampa Bay Rays. The City hired a third-party consultant to evaluate the four proposed plans, determining in a 78-page report that only two met the specified qualifications and needs put forth by City officials. Proposals by Sugar Hill Community Partners and Hines/Tampa Bay Rays are the frontrunners, with construction timelines showing completion by 2035 and 2040, respectively. Two of the other proposed plans are unlikely to move forward after the consultant determined that they lack either the necessary details in their proposals or experience with similar projects of this scale. They also did not provide costs or reveal their infrastructure financing plans. The proposal by Hines and the Tampa Bay Rays call for an overall development of 8 million square feet, bringing an economic impact of $1.4 billion, and an estimated 5,500 full-time permanent jobs. The other likely finalist, Sugar Hill Community Partners, proposes the fastest timeline with full buildout by 2035 and the largest amount of office space of all other proposals. The plan also features a 175,000-square-foot standalone conference center and will deliver more than 13,000 projected permanent jobs at completion. Mayor Welch has made clear that affordable housing and opportunities for minority businesses are leading priorities for the redevelopment of the Historic Gas Plant District. The Hines/Rays plan calls for 1,459 affordable and workforce residential units for those making between 50% and 120% of the area median income. Sugar Hill’s proposal would provide 2,616 total residential units with half to be set aside for affordable housing. Mayor Welch is expected to announce his decision on the master developer during his 2023 State of the City address on January 30.
Brightline high-speed rail from Miami to Orlando nears completion
The high-speed passenger rail that will connect South Florida and Central Florida is nearly completed with estimates showing the project is 90% done and slated to open within the next couple of months. Brightline’s high-speed rail will connect travelers from Miami to Orlando with several stops in-between in cities such as Aventura, Fort Lauderdale, Boca Raton, and West Palm Beach, along the 170 miles of track from Orlando to South Florida. The train will reach top speeds of 125 miles per hour in parts and take approximately 2 hours to commute from the new Brightline Orlando Station at Orlando International Airport to West Palm Beach. Testing of the service will soon be underway in Brevard County which will include speed trail runs as the remaining construction wraps up. The company says more than 6.6 million construction hours have been spent on the connection between West Palm Beach and Orlando with thousands of workers employed on the project. Once on board, commuters will have access to high-speed Wi-Fi internet, outlets, and spacious seating with large windows to take in the many sites along the route. The Central Florida to South Florida rail extension is part of Brightline’s Phase 2 expansion that will include future expansion to Tampa. The company says the economic impact of the rail service will create $6.4 billion for the state’s economy and generate more than $650 million in tax revenue.
Florida’s booming aerospace industry
The aerospace industry in Florida is growing at a rapid pace as the sector flourishes and is projected to add thousands of jobs and billions of dollars per year to the state’s economy. According to Space Florida, the state’s aerospace economic development agency that is tasked with attracting companies and expanding the industry, about 6,000 jobs were added to the economy in 2022 across 15 different space-related companies. Northrop Grumman added 1,800 jobs last year alone. “We expect in the next five years to be making an economic impact on average of over a billion dollars a year to the state’s economy,” said Frank DiBello, Space Florida’s President and CEO. DiBello predicts many new jobs will be added to the state’s workforce over the next several years as 150 projects are currently under development in the sector. The aerospace industry has made a positive impact statewide – not just in the immediate vicinity of Cape Canaveral’s Kennedy Space Center – as about 60% of sector jobs fall outside the Orlando-Daytona Beach-Brevard County area. The influx of space-related companies to Florida has also provided significant economic benefits. More than $2.7 billion has been ushered into the state for infrastructure improvements in the last 11 years, with more than $5 billion estimated to come in subsequent years.
Universal Studios announces Mardi Gras concert lineup
The Big Easy comes to Florida from Saturday, February 4, through Sunday, April 16, at Universal Orlando Resort, featuring an array of colorfully costumed performers, New Orleans jazz bands, weekly concerts, and of course, the must-see Mardi Gras parade. This week, the theme park announced its 2023 concert series lineup of award-winning artists, which will kick off with legendary R&B and soul singer Patti LaBelle on February 4. Other performers include the Goo Goo Dolls on February 11; Maren Morris on February 18; Sean Paul on March 4; and Lauren Daigle on March 5. While music lovers are sure to enjoy the Mardi Gras fun, park guests can also marvel at the festive decor, partake in the themed food, and take in the family-friendly night parade with an all-new “Mythical Realms of Mardi Gras” theme. The parade will feature six new floats with fantastical creatures like dragons and unicorns making a dominant presence along with plenty of beads for spectators. Universal Studios’ carnival celebration is included with regular park admission, granting parkgoers access to the Cajun cuisine, concert headliners, and all the New Orleans-inspired festivities.
Miami Heat’s arena gets a new name after the collapse of FTX
A federal bankruptcy court has terminated the naming rights agreement between disgraced cryptocurrency exchange platform FTX and Miami-Dade County for the arena that is home to the NBA’s Miami Heat. The former FTX Arena was stripped of its name after the crypto company declared bankruptcy and collapsed in a financial scandal late last year. As a result of the judge’s ruling, FTX branding will be removed “effective immediately” from prominent places of the basketball arena, including on the court, over the entrances, and on the venue’s roof. Miami-Dade County, which owns the arena, asked the court in November to terminate the 19-year, $135 million naming rights deal with FTX that went into effect in June 2021. The county was set to receive its next payment of $5.5 million from the failed company on January 1. The Heat was to receive an annual payment of $2 million under the agreement. While a search for a permanent naming rights partner begins, the Heat and Miami-Dade County announced the basketball venue will be temporarily named Miami-Dade Arena. References to FTX on the facility’s existing signage are currently in the process of being removed which is expected to be completed within the next couple of weeks. Miami-Dade has received $20 million from FTX for the first two years of the deal, which uses those funds to support the county’s Peace and Prosperity Plan, which is aimed at programs to fight poverty and gun violence.
A Florida First: Killer whale washes up on Flagler County beach
A Flagler County beach was the scene of a rare occurrence this month when an adult female orca whale washed up on the shore earlier this month – the first such occurrence in Florida. Sadly, the killer whale passed away soon after washing up on the beach of Jungle Hut Road Park on the east coast. Access to the beach was closed for many hours on Wednesday, January 11, as a SeaWorld rescue team was dispatched to remove the whale that measured 21.3 feet and was estimated to weigh up to 6,000 pounds. Despite being a somewhat rare occurrence, Florida beaches are no stranger to having whales find their way onshore. But this is the first time an orca has ever been spotted washed up on a beach in the state, or anywhere in the Southeast United States. Even sightings of the species are rare off the coast. While killer whales are found in oceans across the globe, including tropical and subtropical regions,, they are most commonly found in colder waters off the coasts of Alaska, Norway, and Antarctica. Marine biologists, veterinarians, and pathologists will examine the case and conduct a necropsy of the orca to determine the cause of death.
Seminole Tribe announces new casino complex and hotel
Okeechobee will be home to a new Seminole casino-hotel, featuring slots, poker, a bowling alley, a steakhouse, a resort-style pool area, and a configurable 900-seat performance hall that will open in late 2024. The Seminole Tribe of Florida and Seminole Gaming broke ground earlier this month for the Seminole Casino Hotel Brighton just northwest of Lake Okeechobee. The new casino will replace the existing Seminole Brighton Casino which opened in 1980 and sits three miles away. The entertainment complex will include a 38,000-square-foot casino with over 600 slot machines, 18 gambling tables, multiple dining options, and will be the first in the region to include a hotel. The 72,000-square-foot, four-story building will offer 100 guest rooms, a 1,500-square-foot pool, and a 12,500-square-foot pool deck. It will be the Seminole Tribe’s fourth gaming facility to include a hotel and will be the closest casino to the Treasure Coast – within a 1.5-hour drive.
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