The Final Countdown!
This week is week 9, the last week of the 2020 legislative session in Florida. So far there is no talk of a special session so maybe the session will end on time this Friday. Everything that happens in the Legislature can be watched live or streamed afterwards on The Florida Channel.
This is an amazing tool for those who want to follow the process but cannot be in Tallahassee or cannot watch events live. The below report is on what took place last week (week 8):
Bills on the Move:
SUPPORT: HB 319/SB 682 Guide to a Healthy Marriage by Yarborough/Baxley: This bill would create a committee that would author and publish a Florida Guide to a Healthy Marriage – to be made available to couples seeking marriage licenses in Florida. The purpose of the Guide is to provide a more comprehensive presentation of challenges, goals, and expectations of marriage in order to facilitate healthier marriages.
UPDATE: This bill will not pass because the below compromise that was agreed upon below:
The Florida Bar last week signaled its intention to add language from a “Guide to a Healthy Marriage” to its Family Law Handbook so now the document will have three pages of information about seeking help for marriage challenges before the handbook’s divorce materials.
SUPPORT: SB 1634 / HB 1059: Parental Rights by Stargel/Grall: This bill is known as the “Parents’ Bill of Rights.” The bill finds that it is a fundamental right for parents to direct the upbringing, education and care of their minor children. It prohibits the State and all political subdivisions from infringing on parental rights without demonstrating a compelling interest narrowly tailored to meet that interest.
The bill also requires each district school board in consultation with parents, teachers, and administrators, to develop and adopt a policy to promote parental involvement in the public-school system. The bill provides that parents have the right to make health care decisions for their child and prohibits certain health care procedures from being administered without parental consent.
UPDATE: SB 1634 was temporarily postponed with an adopted amendment in Rules Committee on March 2. HB 1059 was heard on Second Reading on the House floor on March 6 and is scheduled for third reading (vote) on March 9. If the Senate is unable to get SB 1634 out of the Rules committee, the bill will not make it to the floor of the Senate. There are currently no upcoming Rules committee meetings scheduled. If HB 1059 has no companion (SB 1634) on the Senate floor, it will most likely be tabled and will not pass.
SUPPORT: HB 265 /SB 404: Requiring Parental Consent before Abortion by Grall / Stargel This bill would require the written consent of a parent or legal guardian of a minor seeking an abortion before that minor is permitted to obtain an abortion. The bill protects the health and safety of minors and the fundamental right of parents to direct their children’s upbringing.
UPDATE: SB 404 is waiting to be placed on the Governor’s desk for his signature. Once on the Governor’s desk, the Governor has seven days to sign or veto. If he takes no action, the bill becomes law after that time period.
SUPPORT: SB 864 / HB 1217: Surrendered Newborn Infants by Baxley/Beltran: This bill increases the age of surrender from 7 days to 30 days old. It authorizes hospitals, emergency medical services stations, and fire stations to use newborn safety devices to accept surrendered newborn infants and requires such hospital, emergency medical services station, or fire station visually check and test the device within specified time frames. The bill also provides additional locations under which the prohibition on the initiation of criminal investigations based solely on the surrendering of a newborn infant applies.
UPDATE: SB 864 is stuck in its second referred committee, Children, Families and Elder Affairs. Because that committee has no more scheduled meetings, it is unlikely that the bill will get to the Senate floor. HB 1217 passed favorably off the House floor on March 4 and was sent over to the Senate. Because the Senate companion bill to HB 1217 is not moving through committees, HB 1217 has been referred to Senate committees and will likely not get a vote on the Senate floor. This good bill will likely not pass this session.
SUPPORT: HB 3C1 / SB 1336 by Grant/Perry: This bill expressly preempts occupational licensing to the state. This preemption supersedes any local government licensing requirement of occupations. The bill would, in effect, repeal current local government prohibition of “conversion therapy” as a condition for licensure and would prohibit local governments from enacting future bans.
UPDATE: HB 3 has been sent over to the Senate and referred to three Senate committees. The companion Senate bill, SB 1336, was postponed in its second referred committee. Because the Senate bill will not reach the Senate floor, this good bill is unlikely to pass this session.
SUPPORT: SB 778 / HB 537 by Perry/Donalds: This bill preempts local government from enacting rules of licensure or regulation of a home-based business. The effect of such a rule is that only the state would be permitted to regulate home-based businesses. Local governments would no longer have the ability to ban “conversion therapy” as a requirement for licensure of a home-based business.
UPDATE: HB 537 has been placed on the House floor calendar for second reading and is waiting to be scheduled. Since SB 778, the Senate companion bill, is not moving through committee, it is unlikely that this good bill will pass this year.
SUPPORT: SB 1246 (SB 62) / HB 187: Dual Enrollment by Stargel / Zika: This bill clarifies that secondary students eligible for dual enrollment programs include students who are enrolled in home education programs It prohibits district school boards and Florida College System institutions from denying students who have met eligibility requirements from participating in dual enrollment except under specified circumstances. The bill also provides that certain independent colleges and universities are eligible for inclusion in the dual enrollment and early admission programs and establishes the Dual Enrollment Scholarship Program.
UPDATE: SB 1246 is still waiting to be heard by the Appropriation Committee before it can go to the floor. Appropriations is unlikely to meet again. Similarly, SB 62, K-12 Education, was temporarily postponed in Appropriations Tuesday, March 3. The Proposed Committee Substitute for SB 62, which was scheduled to be heard in Appropriations, contains the same home education dual enrollment eligibility provisions as SB 1246. HB 187 is waiting to be scheduled for second reading on the House floor. Because neither SB 62 nor SB 1246 moved through Appropriations committee this week, it is unlikely that this good bill will pass this session.
SUPPORT: SB 1318/HB 991 Lottery Game Warnings by Perry/Robinson: This bill would place stronger warnings on lottery games and advertisements as well as prohibiting electronic devices from being used to play any lottery game.
UPDATE: HB 991 passed favorably off the House floor on March 4 and was sent over to the Senate. However, because the Senate companion bill, SB 1318, is not moving through its committees, this good bill is not unlikely to pass this session.
SUPPORT: SB 946 / HB 737 Moment of Silence in Public Schools by Baxley/Daniels: This bill would require public school principals to direct teachers to allow for a moment of silence in the classroom at the beginning of each school day.
UPDATE: SB 946 passed favorably through its final committee, Rules, on March 2. It is now eligible to be heard on the Senate floor for second reading. It is waiting to be scheduled. HB 737 passed favorably off the House floor on March 4. It has been sent over to the Senate. This good bill will likely be heard and passed in the Senate next week.
OPPOSE: SB 698 / HB 1287 Assisted Reproduction Facilities by Book/Jenne: This bill would allow reproductive facilities to create their own rules and procedures for the distribution of embryos.
It requires a donor to enter into a contract with a donor bank or fertility clinic before he or she may donate that indicates what will be done with gametes and embryos if the donor dies or is incapacitated, the designated recipient dies or is incapacitated, the donor and recipient divorce or separate, and if the gamete or embryo is unused or donated to science/a different donor.
It also requires the Department of Health to perform annual inspections of donor banks and fertility clinics without notice; providing civil and criminal causes of action for, criminal penalties for, and disciplinary action against a physician who intentionally or recklessly artificially inseminates a patient with the incorrect sperm, eggs, or embryos, etc. by charging them with sexual battery and a felony of the 3rd degree.
UPDATE: SB 698 was passed favorably off the Senate floor on March 5. HB 1287 is ready to be heard on the House floor but is waiting to be scheduled. Most likely, the House will take up and pass the Senate version of the bill.
SUPPORT: SB 1864 /HB 1365 Prohibiting Transgender Surgeries Vulnerable Child Protection Act by Baxley/Sabatini: This bill defines “sex” as “the biological state of being female or male based on sex organs, chromosomes, and endogenous hormone profiles,” and prohibits health practitioners from performing any procedures or causing any procedures to be performed on a minor for the purpose of changing the minor’s sex.
UPDATE: SB 1864 has not moved past its first committee of reference. HB 1365 was discussed during a workshop in the Health Quality Subcommittee on February 3. THIS GOOD BILL IS NOT MOVING THROUGH COMMITTEE THIS SESSION.
OPPOSE: HB 6011 / SB 1010 Marriage Equality by Hattersley/Farmer: Florida statute still recognizes marriage as between one man and one woman, although, in practice, Florida issues marriage licenses to same sex couples. This bill would repeal that language and statutorily recognize marriage between persons of the same sex/gender. UPDATE: THIS BAD BILL WILL NOT PASS THIS SESSION.
OPPOSE: SB 64: Exemptions from School-Entry Health Requirements by Book: This bill would eliminate parents’ ability to exempt their children from immunizations on religious grounds. The bill would require all school children to receive immunizations, regardless of religious objections of parents.
Due to the outpouring of negative feedback upon filing the bill, Senator Book has pulled back her efforts to push the bill forward. UPDATE: THIS BAD BILL WILL NOT PASS THIS SESSION.
SUPPORT: HB 271: Heartbeat by Hill: This bill defines a preborn human being and intrauterine heartbeat. The bill would prohibit abortion to be performed on any preborn human if an intrauterine heartbeat is detectable. The premise for that prohibition is the fact that the heartbeat indicates the presence of a living human being. The bill removes emergency medical exceptions and requires the physician to let the expectant mother hear the heartbeat and be informed of statistics related to the survival of the preborn child. UPDATE: HB 271 has no senate companion and has not moved through any referred committees. THIS GOOD BILL WILL NOT PASS THIS SESSION.
SUPPORT: SB 734: Termination of Pregnancy by Children with Down Syndrome by Gruters (Prenatal non-discrimination) This bill would prohibit an abortion from being performed for the reason that the unborn child has been diagnosed with or otherwise determined to be at risk for Down Syndrome.
The majority of unborn children who receive a diagnosis of Down Syndrome are aborted. This practice amounts to discrimination against people with disabilities. This bill would ensure the protection of unborn children determined to have Down Syndrome. UPDATE: SB 734 has no House bill companion and has not passed through any committees. THIS GOOD BILL WILL NOT PASS THIS SESSION.
OPPOSE: HB 6047: Reproductive Issues by Eskamani (repeal of current laws): This bill would eliminate the 24-hour waiting period requirement for obtaining an abortion. It would also repeal prohibitions on state funding of abortion clinics.
This bill is an attempt to dilute common-sense informed consent procedures for abortion and increase state funding of abortion. UPDATE: HB 6046 has no Senate companion and has not moved through any committees. THIS BAD BILL WILL NOT PASS THIS SESSION.
OPPOSE: HB 95 / SB 60 Joint Resolution Bill on Representation of Women by Polsky/Book: This resolution proposes an amendment to the State Constitution that would allow a vote on abortion issues in the Legislature only if half the members of that house are women. Such an amendment could result in the disenfranchisement of Florida citizens who elect male Representatives or Senators. UPDATE: Neither HB 95 nor SB 60 have passed through any committees. THIS BAD BILL WILL NOT PASS THIS SESSION.
SUPPORT: HB 305 / SB 1126 by Rommel/Gruters: This bill defines “condition of employment” as it relates to the employer/employee relationship and prohibits municipalities from enacting requirements on conditions of employment that are not mandated by state or federal law.
The effect of this bill would be to void local ordinances in Florida that require sexual orientation and gender identity to be part of their employment anti-discrimination policy.
UPDATE: Although HB 305 passed favorably through two committees, the final committee of reference is not set to meet again. SB 1126 has not moved through any of its committees. THIS GOOD BILL WILL NOT PASS THIS SESSION.
OPPOSE: HB 41 / SB 180 Banning So-Called Conversion Therapy by Grieco/Rodriguez: This bill defines “conversion therapy” as “any practice or treatment performed on an individual with the goal of changing the individual’s sexual orientation, including, but not limited to, efforts to change behavior, gender identity, or gender expression, or efforts to reduce or eliminate sexual or romantic attraction or feelings toward an individual of the same gender.”
The bill prohibits any counselor/therapist from practicing “conversion therapy” with any person under the age of 18. Any practitioner found to be in violation of the provision would be subject to disciplinary action. This bill would work a chilling effect on counselors in the practice of their chosen profession.
UPDATE: Neither bill was heard in any of its referenced committees this Session. THIS BAD BILL WILL NOT PASS THIS SESSION.
OPPOSE: HB 655 / SB 940 Crimes Evidencing Prejudice by Geller/Rader: This bill expands grounds for reclassification of offenses to include prejudice based on gender or gender identity of any person – in addition to qualifications already listed in statute such as race and ethnicity.
The bill specifies that reclassification occurs if commission of offenses is based on prejudice towards any person on specified grounds. This bill would create a potentially harsher penalty for a crime committed against a person who identifies as LGBTQ.
UPDATE: Neither bill was heard in any of its committees of reference this Session. THIS BAD BILL WILL NOT PASS THIS SESSION.
OPPOSE: HB 161 / SB 206 Prohibited Discrimination by Toledo (Prime-Cosponsor, Webb) / Rouson: This bill prohibits “discrimination” based on sexual orientation and gender identity in public lodging establishments and public food service establishments. It revises provisions of Florida Civil Rights Act of 1992 and the Fair Housing Act to include sexual orientation and gender identity.
The bill also purports to provide an exception for constitutionally protected free exercise of religion. The “exception” reads, “This section does not limit the free exercise of religion guaranteed by the United States Constitution and the State Constitution.”
Such an exception is vague and leaves business owners who have sincerely held religious or moral beliefs open to penalties. This bill would be especially onerous to people who own small businesses.
UPDATE: Neither of these bills were heard in any committees of reference this Session. THIS BAD BILL WILL NOT PASS THIS SESSION.
OPPOSE: SB 1860 / HB 1389 Availability of Marijuana for Adult Use by Brandes/Smith (C): This bill repeals the language regulating Medical Marijuana Treatment Centers (MMTC) and allows for the Department of Health to adopt by rule the operating standards for the packing, processing, cultivation, and labeling of marijuana. The bill revises the sales tax exemption for the sale of marijuana and marijuana delivery devices to only include sales to qualified patients or caregivers. It specifies application requirements for MMTCs to obtain cultivation licenses and processing licenses and authorizes MMTCs licensed to cultivate or process marijuana to use contractors to assist with the cultivation and processing of marijuana.
This bill could potentially broaden the use and circulation of marijuana. UPDATE: Neither bill was heard in any committee of reference this Session. THIS BAD BILL WILL NOT PASS THIS SESSION.
OPPOSE: SB 720: Medical Use of Marijuana in Schools by Montford:This bill would allow a parent to request that authorized medical marijuana treatment be administered to their child in school. UPDATE: This bill had no House companion bill, nor did it pass through any committees of reference this Session. THIS BAD BILL WILL NOT PASS THIS SESSION.
OPPOSE: SB 962 / HB 595: Medical Marijuana Employee Protection by Berman / Polsky: This bill prohibits an employer from taking adverse personnel action against an employee or job applicant who is a qualified patient using medical marijuana. It requires an employer to provide written notice to an employee or job applicant who tests positive for marijuana of his or her right to explain the positive test result and provides procedures when an employee or job applicant tests positive for marijuana.
UPDATE: Neither bill passed through any of its referenced committees this Session. THIS BAD BILL WILL NOT PASS THIS SESSION.
OPPOSE: HB 379 / SB 86: Judicial Nominating Commissions by Jacquet/Thurston: This bill would alter the composition of JNCs by allowing only 3 members of the Florida to be appointed by the Bar Board of Governors, 3 to be appointed by the Governor (only two of whom can be Bar members) and prohibiting more than 5 members of the JNC from being from the same political party.
It would also terminate terms of commission members as of specified date, provide for appointments and staggered terms for reconstituted commissions, and provide term limits. The bill requires diversity considerations in appointments and requires appointing authorities to collect and release certain demographic data from commission applicants and members. There are provisions for voting restrictions and conflict disclosure as well as a requirement that commission members complete an educational course after appointment.
UPDATE: Neither bill passed through referenced committees this Session. THIS BAD BILL WILL NOT PASS THIS SESSION.
OPPOSE: HB 45 / SB 56: Private School Eligibility Requirements by Eskamani/Rouson: Under the provisions of this bill, any private school that accepts students from the State Scholarship Program, “may not deny enrollment to a student based on the student’s race, ethnicity, national origin, gender, disability, religion, sexual orientation, or gender identity.”
This provision would violate the right of a private school to hold certain religious views or policies. UPDATE: Neither bill moved through any referenced committees this Session. THIS BAD BILL WILL NOT PASS THIS SESSION.
OPPOSE: SB 968/970/972 Sports Wagering by Brandes: This bill defines “sports wagering” and provides for the following: “Sports wagering authorized.—Notwithstanding any other law, a person who is 21 years of age or older may wager money or any other thing of value on a sports event if the wager is placed with the department or a licensee and the person is physically present in this state.” This bill requires the Department of the Lottery to regulate this practice. The result of this bill would be increased avenues for gambling in the state of Florida.
UPDATE: None of the versions of this bill had any House bill companions. They did not pass through any committees of reference this session. THIS BAD BILL WILL NOT PASS THIS SESSION.
SUPPORT: HB 1195 Gaming Reduction by Plakon: This bill authorizes and directs the Governor, in cooperation with Seminole Tribe of Florida, to execute new gaming compact. The bill creates Pari-mutuel Site Redevelopment and Job Creation Program, requires Division of Pari-Mutuel Wagering to revoke permit to conduct pari-mutuel wagering for permit-holder that fails to make specified payments or obtain operating license, prohibits division from issuing license to conduct or authorize slot machine gaming after specified date, revises tax rate on slot machine revenue at certain facilities, and prohibits specified card-room games.
UPDATE: This bill had not House bill companion and it did not pass through any referenced committees this Session. THIS GOOD BILL WILL NOT PASS THIS SESSION.