FL Legislature: Rundown Of Bills Proposed For Tuesday Opening

TALLAHASEE, FL — Protecting a woman's right to an abortion, ending the free bottling of Florida spring water by profit-making companies and redefining attacks on victims under the influence of drugs or alcohol as sexual assaults are just some of the bills that will be considered the legislative session in Florida.

The Florida Senate and Florida House of Representatives will convene for the opening day of the 2022 regular session of the Florida Legislature on Tuesday, Jan. 11, in the Florida Capitol at 400 S. Monroe St., Tallahassee.

Sen. Kathleen Passidomo, R-Naples, is the president-designate for the 2022-24 legislative term.

Rep. Paul Renner, R-Palm Coast, is House speaker.

Sen. Lauren Book, D-Plantation, is the Senate minority leader and Rep. Bobby DuBose, D-Fort Lauderdale, is the House minority leader.

More than 3,000 bills have been presented for consideration in the 2022 legislative session. Among the proposed legislation to be considered by the Legislature includes:

Critical Race Theory

In December, Gov. Ron DeSantis proposed legislation to ban critical race theory in schools and workplaces statewide.

Calling it the "Stop the Wrongs to Our Kids and Employees (W.O.K.E.) Act, DeSantis said the proposal will give businesses, employees, children and families tools to fight back against WOKE indoctrination.

If approved, the Stop W.O.K.E. Act would be the strongest legislation of its kind in the nation and would take on critical race theory.

“In Florida, we are taking a stand against the state-sanctioned racism that is critical race theory,” said DeSantis. “We won’t allow Florida tax dollars to be spent teaching kids to hate our country or to hate each other. We also have a responsibility to ensure that parents have the means to vindicate their rights when it comes to enforcing state standards. Finally, we must protect Florida workers against the hostile work environment that is created when large corporations force their employees to endure CRT-inspired training and indoctrination.”

Florida Sen. Shevrin Jones, D-Miami Gardens, vice chair of the Education Committee, was quick to respond to DeSantis' proposal.

"Let’s be clear, Gov. DeSantis and his administration know full well that CRT is not taught in K-12 schools or workplaces. It’s unfortunate that instead of running on forward-looking ideas to improve people’s daily lives, Republicans would rather manufacture a crisis out of a non-issue, all in the hopes of fanning the flames of a culture war for political gain," Shevrin said.

"We do children a disservice by hiding, lying or covering up the truth — especially as we are tasked with setting them up for long-term success and the tools needed to envision the better future and society that they are going to create," he said.

"There is also no denying that prejudice and discrimination exist in many forms in workplaces, here in Florida and across the country," Shevrin continued. "Ultimately, employers have a responsibility to foster safe, healthy, productive environments for their employees. That’s how Florida will attract and retain the very best and brightest and compete in today’s global economy."

Homestead Exemption Expansion

State Sen. Jeff Brandes, R-St. Petersburg, is proposing a resolution that, if passed, would expand the existing Florida homestead exemption to reflect increases in the Housing Price Index.

“Our commitment to economic freedom is one of the reasons Florida has avoided the financial woes of so many other states,” Brandes said. “The people of Florida know how to best use their money, not the government. This inflation is not transitory and taxes on homeowners will continue to rise without the benefit of this adjustment.”

If the proposal passes through the House and Senate, voters will have the chance to approve it during the 2022 election.

Withholding Names Of Sexual Violence Victims

To end the victimization and stem the reluctance to report sexual violence out of fear, state Sen. Lori Berman, D-Delray Beach, and Rep. Robin Bartleman, D-Weston, have re-filed legislation to ensure that any victim of such an act would have to give express written consent to any person or entity in possession of the victim’s information for their name to be disclosed in any public proceeding.

SB 1084/HB 775 is designed to plug a loophole in current state law that allows the names or identifying information of survivors who report such crimes to others, including employers and schools, to be disclosed, including information or records created for a potential case against the perpetrator.

Perpetrators or other third parties who may be responsible can also threaten public exposure of the survivor’s identity to discourage reporting of the crimes to law enforcement, school administrators, employers and others.

Family Caregiver Certified Nursing Assistant Program

Legislation sponsored by Sen. Bobby Powell, D-West Palm Beach, created as a life-saving and cost-effective measure for critically ill children, unanimously passed the Florida Senate Health Policy Committee.

SB414, the “Family Caregiver Certified Nursing Assistant Program,” would require the state Board of Nursing, in conjunction with the Agency for Health Care Administration, to develop a program to train and certify designated family caregivers as certified nursing assistants.

“This bill allows family members to obtain the critical, supervised training they need to step up for their children, and step in where the government falters,” said Powell.

The legislation was inspired by the plight of Richard and Kim Muszynski, whose daughter Abagayle was born with a rare genetic disorder requiring full-time care that Florida Medicaid routinely denied.

Forced to flee to Colorado to obtain the critical medical care needed to keep their daughter alive, the Muszymskis discovered a program allowing family members to train and certify family caregivers as certified nursing assistants. Similar programs are in effect in Missouri, New Jersey, New Hampshire, and now under discussion in Arizona.

Under SB 414, such a program would require 84 hours of mandatory training, and the family member would be obligated to serve under contract with a licensed nurse registry for a minimum of two years.

The addition of certified family member nursing assistants would not only fill a void patients such as the Muszynski’s daughter face in Florida, but ease the severe shortage in the health care workforce, especially with nurses and certified nursing assistants, Powell said.

Identical legislation, HB 209, is sponsored by Rep. David Silvers. In the Senate, SB 414 next heads to the Appropriations Subcommittee on Health and Human Services.

Greyson's Law

This bill was prompted by the death of 4-year-old Greyson Kessler, who was the victim of a murder-suicide involving his father in May 2021. Days before the murder, Greyson’s mother Ali Kessler filed an emergency petition with the Broward Family Court outlining her imminent fears for the safety of her child.

In the days leading up to the shooting, Greyson’s father sent multiple disturbing and threatening communications to Kessler, but Florida law has no formal mechanism that allows for threats directed at a parent to create a nexus with a child. Moreover, “coercive control” is currently not contemplated in Florida domestic violence law. SB 1106/ HB 781 would remedy its absence.

“Protecting our children must always be at the top of our priority list as legislators," Berman said. "Creating a coercive control definition will help establish the long-known psychological pattern of using mental, emotional, financial and/or other abuses in domestic situations to become quantified in punishable steps by the court, especially as it relates to child custody. Greyson’s life was cut way too short for reasons that were preventable and it is imperative we protect all the other Greysons in our state.”

Reproductive Health Care Protection Act

Amid growing uncertainty over the future of abortion access in states across the country, state Rep. Ben Diamond, D-St. Petersburg, and state Sen. Lori Berman, D-Delray Beach, have filed the Reproductive Health Care Protection Act. HB 709 and SB 1036 guarantee a person's right to access reproductive health care in the state of Florida and prohibit any individual or government entity from denying a citizen's fundamental rights of privacy with respect to their personal reproductive decisions.

"The Florida Constitution recognizes an explicit right to privacy, which has protected the people of Florida's right to reproductive health care for decades. The Reproductive Health Care Protection Act reaffirms that these protections apply to Floridians' ability to access abortion care, and any attempt to interfere with a person's ability to exercise these fundamental rights is unacceptable in the state of Florida, " said Diamond. "While Texas' new Draconian anti-abortion law provides others the ability to restrict their fellow citizens' right to privacy and reproductive health care, this legislation would ensure Floridians have the right to enforce their own constitutional rights."

"Republican legislators in Florida have long been out of touch with how constituents feel regarding access to a safe and legal abortion," said Berman. "In my 11 years as a state legislator, I have seen dozens of bills proposed that erode a woman's right to choose. Many of these bills, unfortunately, have passed due to our extreme conservative Legislature. The Legislature needs to recognize that abortion is health care and stop interfering in decisions between a woman, her health care provider and those with whom she chooses to consult.

Sexual Assaults On Victims Under Influence Of Drugs Or Alcohol

Sen. Linda Stewart, D-Orlando, and Rep. Emily Slosberg, D–Boca Raton, have filed HB 525 and SB 868 which clarifies the law concerning what constitutes sexual battery upon a person impaired by drugs or alcohol under Florida statues.

Under the legislation, an offender commits an aggravated crime if the offender knows, or has reason to believe, the victim is mentally incapacitated due to drugs or alcohol. The current version of the law only criminalizes such conduct if the offender provides the intoxicating alcohol or drugs, or knew another did, without the victim's knowledge or consent.

According to the Rape, Abuse & Incest National Network, more than one in six women report being sexually assaulted while incapacitated from alcohol and drugs in their freshman year of college.

"In Florida, and many other places, it is not considered rape if the survivor decided to drink or do drugs," Slosberg said. "Blame for the rape is placed on the victim, rather than the rapist who took advantage of someone who could not consent. Florida should not be a place where rape doesn’t count if the victim is drunk. This bill makes it clear that a sexual battery is committed regardless of who provided the victim with the intoxicants."

Care Of Students With Epilepsy Or Seizure Disorders

Sen. Ileana Garcia, R-Miami, and Rep. Nicholas X. Duran, D-Miami, filed legislation, Senate Bill 340 and House Bill 173, to ensure students with epilepsy and seizure disorders receive appropriate care while attending school or school-related functions.

“Suffering from seizures as a child, I know firsthand how traumatic epileptic seizures can be for children and their parents. I endured the stigma and mockery of my peers, who oftentimes witnessed the episodes," Garcia said. "Many times, tough childhood experiences motivate people to become senators, and today I get to be part of something positive and life-changing for children just like me."

SB 340 and HB 173 will allow families to create and submit individualized seizure action plans to their schools, including first aid information, parent and health care provider contacts, and specific medications prescribed to the student.

School employees will be required to attend training relating to care for students with a submitted seizure action plan. Additionally, both versions of the legislation provide school personnel with immunity from liability under certain conditions, including employees who act in good faith to provide care for a student in distress.

Proposal To End Giving Away State's Spring Water

State Sen. Annette Taddeo, D-Miami, and Rep. Joe Casello, D-Palm Beach, have filed SB 798 and HB 473. This proposed legislation will impose fees on bottle water operators for extracting water from state waters, including Florida springs. The proceeds will be deposited in the Wastewater Treatment and Stormwater Management Revolving Loan Trust Fund, which will be eligible for federal matching funds, and prioritize resources for septic to sewer and water infrastructure projects throughout the state.

This is the third year Taddeo has filed this legislation, which was in response to the Nestle Corp.’s attempts to maintain and expand ongoing water pumping operations at Ginnie Springs.

BlueTriton Brands, which recently bought the bottling operations from Nestle at Ginnie Springs after seeking to pump nearly 1.2 million gallons daily, pays a $115 permit, but nothing for the value of the water it extracts.

“This is a corporate welfare loophole that has allowed some companies to exploit our precious water supply," Taddeo said. "It is unconscionable that certain corporate water bottling companies exploit our state water without paying their fair share, while all other companies who bottle water through municipalities pay for their water. At a time when we desperately need funding for septic to sewer projects, we should not be giving bottling companies our spring water for free.”

School Voucher Accountibility

Sen. Linda Stewart, D-Orlando, and Rep. Joy Goff-Marcil, D-Maitland, filed companion bills SB 532 and HB 429 to increase accountability in voucher schools and hold those schools to the same standards as the state’s traditional public schools.

“I don’t want to limit any options that school choice programs seek to offer, but there should be some standard of accountability to protect our students no matter what school you choose,” said Stewart. “For years, we have seen stories coming out about voucher schools and their lack of qualified staff, substandard facilities, and limited evidence of academic progress among students.”

"We need to stop handing out money to fund inadequate education opportunities," Goff-Marcil said.

Despite complaints about lack of oversight and accountability of voucher schools, in 2021 the Legislature increased funding to a record amount of nearly $1.5 billion.

Repeal Law Prohibiting Local Government From Enacting Gun Regulations

State Rep. Dan Daley, D-Coral Springs, has filed HB 6049 to repeal the NRA-backed restrictions on local governments to enact gun regulations. State Sen. Annette Taddeo, D-Miami, filed the Senate companion SB 496.

These bills repeal Section 790.33, Florida Statutes, which currently preempts local gun regulations. If local elected officials choose to enact gun regulations within their communities, it could result in fines, removal from office and lawsuits.

“Gun violence is a nationwide problem that requires all hands on deck to solve; restricting local officials from doing their part to combat this effort is dangerous.” said Taddeo.

Telehealth

Sen. Many Diaz, R-Hialeah, is sponsoring SB 312 to reverse the 2019 Legislature's ban on telemedicine over the phone.

The bill is directed toward residents who don't have computers or aren't tech-savvy and find it difficult to set up meetings with health professionals with Zoom and other types of computer conferencing.

Restore Local Governments' Power To Set Wages, Benefits And Sick Time

Sen. Annette Taddeo, D-Miami, and Rep. Carlos Guillermo Smith, D-Orlando, have re-introduced legislation to restore local governments’ power to set worker wages, benefits and earned sick time.

SB 446 and HB 6047 would repeal Florida Statute 218.077, language signed into law in 2013 by Gov. Rick Scott. They say this statute severely limits local governments’ authority to protect workers by restricting them from setting wages, and requiring certain benefits and sick time that would benefit them most.

"Coronavirus has exacerbated many harsh and long-standing inequities in work, wealth and health," Taddeo said, noting that working class people, particularly racial and ethnic minorities, are disproportionately impacted by the pandemic with jobs that must be done on site in close proximity with others, putting them more at risk of getting sick and dying from COVID-19.

Medicaid Expansion

Sen. Annette Taddeo, D-Miami, is filing SJR 412 in the Senate with Rep. Felicia Robinson, D-Miami Gardens, filing the companion bill, HJR 239, in the House, which will allow Floridians to decide for themselves at the ballot box if Medicaid expansion is right for them.

“Floridians are paying a 'hidden tax' to cover the health care received by the uninsured. That’s an extra $2,000 for every hospital stay to cover the cost of an uninsured person, all because the governor doesn't want to expand Medicaid for political reasons.” said Taddeo.

“I believe that the core of Medicaid Expansion is to provide essential health coverage within reach for individuals who would otherwise be unable to access it,” said Robinson (D-Miami Gardens).

Gender Identity Panic

Senate Democratic leader Lauren Book, D-Plantation, and Rep. Carlos Guillermo Smith, D-Orlando, filed legislation to eliminate the so-called “gay/trans panic defense” from being used in Florida to legally defend assaults and lethal attacks on LGBTQIA+ people.

SB 374/HB 205 would ban the legal strategy of asking a jury to find that a crime victim’s sexual orientation or gender identity caused the defendant to “panic” and react violently.

If Book’s bill is passed and signed into law, Florida will join 15 other states which have enacted “panic defense” bans, including New York, New Jersey, Nevada, Illinois and California.

Medical Marijuana Limits

Rep. Spencer Roach, R-North Fort Myers, and Rep. Andrew Learned, D-Brandon, are backing a bipartisan proposal that was voted down last session limiting the potency of medical cannabis.

Among other things, the bill would make it illegal to sell consumable hemp products such as “Delta-8″ to Floridians younger than 21. Some lawmakers worry those products, which can induce euphoric effects similar to traditional cannabis, could be sold to children under current law.

In Diaz's unrelated telehealth bill, physicians will be allowed to recertify medical marijuana patients via the computer.

Nursing Home Revenue Transparency

A proposal sponsored by Rep. Jay Trumbull, R-Panama City, would require nursing homes and their home offices to submit audited financials to the state annually.

Each year, the state sends tens of millions of Medicaid reimbursement funds to nursing homes.

Florida hospitals, which get hundreds of millions in state Medicaid reimbursements, have been submitting these financials since 1992.

Social Media Literacy

HB 361 and SB 480 would set statewide standards for teaching social media literacy for the first time in state history.

The state would add that curriculum to other mandatory lessons such as the history of the U.S. and the importance of free enterprise to the American economy.

“This bill is intended to empower, not just our parents by providing this material, but also make sure children are aware of the long-lasting risks that are inherent with having, essentially, the world at your fingertips,” said Sen. Danny Burgess, R-Zephyrhills.

Remote viewing of the opening of the legislative session will be available on The Florida Channel.

This article originally appeared on the Tampa Patch