Page 42 Capitol Update:


By: CAS Government Services Greetings from Tallahassee!


The Florida Legislature adjourned Sine Die at roughly 2:30pm on Friday April 30th, thus concluding


what can only be described as a totally unique and extraor- dinary 60 days. Although session was different since, the capitol was largely off limits due to safety protocols de- signed to stop the spread of the novel Corona Virus. Never- theless, when you simply look at the raw numbers, the ses- sion would appear to be just another ordinary year. For example, there were north of 3,000 bills filed during


the 2021 session and ultimately only 275 bills were passed by both chambers. The attrition of bills is normal and serves as a great reminder that the process is really de- signed to keep bills from passing. Globally, the Legislature delivered on big policy issues which are part of a larger national discussion including: Anti-rioting legislation; elec- tions reform; transgender student athletes; and social me- dia platform reforms. As for the state budget, what a difference a few months


makes! Leading up to the 2021 Session, lawmakers warned of tough budget times. Honestly, a year ago, no one could predict how our economy would function as we all dealt with impacts from a global pandemic. In fact, the initial budgets proposed by both the Senate and the House were based on roughly a $3 billion shortfall in the state’s revenue collections. However, revenue estimates ultimately outperformed predictions and in March, the estimates were highlighted at $2 billion above original projections. In addi- tion, the state received roughly $10 billion in Federal Coro- na Virus relief funds. The result being they passed of a $101 Billion state budget. Which, on June 1st, Gov. DeSan- tis signed the budget with approximately $1 Billion is ve- toes. Below please find a few bills of interest from the 2021


session. HB 007/ SB 072 by Rep. Lawrence McClure/Sen. Jef-


fery Brandes COVID Liability Protection: A key priority issue for the Governor, President of the


Senate, the Speaker of the House and the Florida business community, this legislation provides Florida businesses with critical protections from frivolous lawsuits relating to COVID -19. Working in partnership with other business groups and participation with the Associated Industries of Florida RESET Taskforce, many of the recommendations for common sense practical measures were included into the law. Specifically, the legislation creates a limited cause of action for COVID-19 related claims with heightened cul- pability standards, a defendant must prove a business act- ed with gross negligence or intentional conduct; a height- ened evidentiary standard, clear and convincing evidence is required to establish liability rather than a preponderance of evidence; and the bill creates a shortened statute of limi- tations of COVID related claims. SB 088/ HB 1601 by Sen. Jason Brodeur/Rep. Jayer


Williamson Farming Operations A top priority for the association in 2021, this legislation


modernizes are strengthens Florida’s Right to Farm Act. Unquestionably, this legislation reflects the Legislatures


Faircracker SUMMER 2021


intent to protection food, fiber and foliage producers in Flor- ida and given the continued population growth of the state, telegraphs the importance of protecting one of Florida’s leading industries. The bill includes provisions which minimizes the potential


for lawsuits by putting guardrails on who can bring a suit and discourages frivolous lawsuits by allowing the farmer to collect attorney’s fees if they prevail in a court case; limits damages by limiting the amount of compensatory damages to the value of the property harmed and would only allow for punitive damages in specific situations; modernizes the Right to Farm Act by extending protections to agritourism activities and expanding the roadside stand provision to include all “Farm Products” as defined in 823.14 FS. SB 1128/ HB 919 by Sen. Travis Hutson/ Rep. Josie


Tomkow Preemption Over Restrictions of Utility Ser- vices This legislation is in response to local governments who,


by ordinance or other actions, have prohibited customers from having access too specific types on power sources. Most specifically, natural gas access and utilization has been the focus on several local government actions nation- ally. Here in Florida, several municipal governments have considered actions to prohibit new connections to natural gas or other “non-renewable” sources. This legislation would prohibit a local government from taking such action to restrict or prohibit access to these sources of energy. SB 7062/ HB 1309 by Sen. Jason Brodeur/ Rep. Bob-


by Payne Ratification of Rules by the Florida Depart- ment of Environmental Protection This legislation combines two separate ratifications of the


Department of Environmental Protections rules. The first, which was a directive in the 2020 Clean Waterways Act is ratification of the Biosolids rule. The updated rule is con- taining restrictions and safeguards on where and how Bio- solids can be land applied. The rule is consistent with the recommendations provided by the Biosolids Technical Ad- visory Committee (TAC). The second ratification contained in this legislation are the Central Florida Water Initiative (CFWI) rules. Roughly 10 years ago, the Florida Depart- ment of Environmental Protection was charged with devel- oping rules for a geographic region of the state, including Lake, Polk, Orange, and Osceola Counties, where ground- water demand was going to significantly exceed water availability. Budget: As previously noted, the Legislature ultimately has more


flexibility in the budget process based upon better-than- expected Revenue Estimates and supplemental Federal dollars through the Corona Virus Relief Package. Florida Department of Agriculture and Consumer


Services- Most notably for Federation members, the legislature fund- ed $10.1 million of projects through the Agricultural and Education Promotional Facilities Program. This program provides opportunity to apply for improvements to or ex- pansion of facilities which are used to promote or provide education opportunities. The applications are completed over the summer and the department usually ranks the submissions by October of each year. Ultimately, the Legis- lature choose the amount of funding and projects to fund for this specific line item in the budget. The Deadline for submitting applications is October 1st. Capital Update continues on page 43.


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