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notable failed bills – Sun Sentinel

mark lewis by mark lewis
April 17, 2022
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notable failed bills – Sun Sentinel
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Gov. Ron DeSantis continued this week to signal into regulation a few of the measures Florida’s Republican-led Legislature handed this session, however 1000’s of payments died in Tallahassee and by no means made it to the governor, together with some on notable points.

Within the Home and Senate, lawmakers proposed 3,685 items of laws, however solely about 285 handed in each chambers, barely greater than the quantity since at the very least 2016, in response to legislative information.

Lawmakers handed a $112 billion state price range, because the session ended after votes on controversial laws geared toward cultural points unsettled between conservatives and progressives.

DeSantis signed a bill Thursday banning most abortions after 15 weeks of being pregnant. Different new Florida legal guidelines ban instruction or conversations about sexual orientation or gender identification in some elementary grades, and permit mother and father to sue public faculties if college students have been made to really feel uncomfortable over classes about historic occasions due to their intercourse or race.

Right here’s a partial checklist of what lawmakers didn’t do throughout their 60 days of labor.

Lawmakers didn’t deal with reforms over property insurance coverage for owners, who’ve seen premiums surge forward of hurricane season. Some insurance coverage firms have pulled out of Florida, placing upward stress on costs. Some insurance policies have doubled in value.

Sen. Jeff Brandes, R-St. Petersburg, and different lawmakers have formally requested that the Legislature think about the topic when it reconvenes subsequent week for a particular session to contemplate new congressional maps for Florida. Nothing has been set to occur but.

Months after the collapse of the Champlain Towers South condominium constructing in June killed 98 folks in South Florida, lawmakers couldn’t agree on any new legal guidelines requiring necessary inspections of such buildings — or how owners could possibly be compelled to pay for needed repairs — to forestall one other catastrophe.

One invoice died when the sponsors of the respective Senate and Home payments, Sen. Jennifer Bradley, R-Orange Park, and Rep. Daniel Perez, R-Miami-Dade, couldn’t agree on phrases.

That invoice would have established necessary constructing inspections for all multi-family residential buildings three or extra tales in peak. The inspections could be carried out as soon as the constructing reaches 30 years previous after which each 10 years. For buildings inside three miles of the coast, the milestone inspection could be carried out as soon as the constructing reaches 20 years after which each seven years.

The invoice additionally tried to compel constructing associations to determine reserves to fund crucial upkeep. Negotiations between the invoice sponsors broke down after they couldn’t come to settlement over when reserves wanted to be established for crucial structural repairs.

DeSantis mentioned this week that if lawmakers have been capable of attain settlement, he would come with the invoice within the upcoming particular legislative session.

“If they will do it, they will do it completely, however they should agree on one thing,” DeSantis mentioned. “The minute they inform me that that’s one thing they will get throughout, we will add it completely.”

[ RELATED: Democrats demand DeSantis tell Legislature to take up post-Surfside condo reform ]

Additionally this week, U.S. Rep. Debbie Wasserman Schultz, D-Fla., urged DeSantis to get involved to assist get the invoice handed.

“I ask the governor and state lawmakers to seek out widespread floor to cease the subsequent Surfside tragedy from ever taking place,” Wasserman Schultz mentioned. “We owe that a lot to the victims.”

Payments geared toward fast-tracking the legalization of leisure marijuana died. Democrats withdrew a doomed invoice that may have laid the groundwork for the way authorized leisure marijuana might work in Florida. It might have mimicked tobacco utilization laws already in place.

“Only a actually fixed sample of demonizing hashish utilization when a majority of Floridians don’t share that sentiment,” mentioned Rep. Anna Eskamani, D-Orlando. She mentioned she meant to file the invoice once more subsequent yr, if she wins re-election in November.

Eskamani mentioned she hopes the subsequent wave of Home management is extra open to legalized marijuana in Florida.

A invoice by Sen. Joe Gruters, R-Sarasota, who can be chairman of the Florida Republican Occasion, would have regulated a distinct drug, kratom, a medicinal plant with opioid properties.

Gruters withdrew the invoice after it handed two committees unanimously however then stalled. The Florida Kratom Client Safety Act was meant to guard folks’s rights to eat the drug safely in Florida, Gruters mentioned.

Sarasota County has banned possession of kratom, citing the choice by the U.S. Military and Navy to ban the drug. Their findings mentioned the drug has addictive properties and causes signs like dry mouth, insomnia, anorexia, hallucinations and confusion.

Gruters mentioned the drug is nice total and needs to forestall producers from mixing the drug with dangerous substances. The drug could be discovered in lots of smoke outlets across the U.S. and is usually consumed in tea.

[ RELATED: DeSantis signs law that bans most abortions after 15 weeks, with no rape or incest exception ]

Analysis on the drug is proscribed, however researchers are wanting into its potential to assist relieve continual ache and withdrawal results from different substances, primarily opioids. Current research confirmed that nearly 95% of people that took kratom whereas on one other drug stopped utilizing the opposite drug, mentioned Oliver Grundmann, a scientific professor on the College of Florida School of Pharmacy learning the drug.

One space of concern for researchers is the drug’s post-harvest course of, mentioned Christopher McCurdy, a UF medicinal chemistry professor and director of the UF Translational Drug Improvement Core.

A compound that seems to be generated after leaves are harvested must be eradicated from the marketplace for protected use, and the Florida Kratom Client Safety Act would have helped do this, he mentioned.

A invoice by Sen. Lori Berman, D-Boynton Seaside, would have expanded the varieties of medication coated underneath Florida’s legal guidelines towards driving underneath the affect. She withdrew the invoice after failing to obtain assist from some lawmakers and prison protection authorized specialists.

It might have closed what Berman referred to as a niche in Florida’s impaired driving legal guidelines by increasing the definition of “managed substances.” The brand new definition would come with prescription, over-the-counter and psychoactive or designer medication that might have an effect on drivers behind the wheel. At present, drivers who’re pulled over underneath the affect of such medication could be charged with reckless driving, not driving underneath the affect, which carries more durable penalties.

“We would like people who find themselves truly underneath the affect and who shouldn’t be driving to be truly charged with driving underneath the affect,” Berman mentioned.

Critics feared the invoice might trigger unwarranted DUI arrests. Aaron Wayt, a DUI lawyer in Tallahassee and legislative chairman for the Florida Affiliation of Felony Protection Attorneys, mentioned ingesting an extreme quantity of alcohol just isn’t the identical as taking a prescription drugs with a drowsiness aspect impact, and the 2 shouldn’t be punished the identical approach. One steered change to the invoice would have exempted folks with a physician’s prescription, Wayt mentioned.

A digital driver’s license pilot program is already underway in Florida, however the Legislature determined to not go forward with the same program for modernizing license plates.

A invoice by Rep. Nicholas X. Duran, D-Miami, would have directed the Florida Division of Freeway Security and Motor Autos to conduct a pilot program testing out digital plates to interchange metallic ones. It handed two committees unanimously then was withdrawn when it appeared headed nowhere.

Throughout legislative debate over the invoice, Durant mentioned it was essential that the digital plates — which could possibly be used to trace a driver’s actions — preserve such info non-public. The plates is also used to pay tolls, show emergency alerts, equivalent to these for lacking folks, or warn police that the automobile had been stolen.

Durant’s invoice would have given Florida six months to plan and perform the check program. Another choice would have restricted testing to government-owned automobiles. The price of the plates might fluctuate, relying on whether or not drivers have been charged for his or her wi-fi connectivity. In different states, they value a number of hundred {dollars}.

For a second consecutive yr, lawmakers didn’t change a controversial Florida statute derided by critics as its “free kill” regulation, which prevents households from submitting medical malpractice lawsuits towards medical doctors or hospitals when victims are adults.

To maintain malpractice prices low, lawmakers in 1990 prevented anybody over 25 from suing medical doctors for ache and loss judgments in malpractice lawsuits over the demise of a mum or dad if the mum or dad have been divorced or single. The regulation permitted claims by surviving spouses or minor youngsters. Critics mentioned it eradicated a serious consequence — large money payouts to surviving relations — after botched surgical procedures or medical therapies.

The regulation additionally equally prevented mother and father of single or childless grownup youngsters from suing for these judgments. Lawmakers mentioned they have been attempting to carry down medical malpractice insurance coverage charges and discourage medical doctors from transferring their practices to different states with friendlier enterprise climates.

A invoice by Sen. Ana Maria Rodgriguez, R-Doral, would have allowed mother and father of their grownup youngsters to win ache and struggling damages in medical malpractice lawsuits. It was postponed throughout the previous couple of judiciary committee conferences, successfully killing its probabilities.

A Home model of the invoice, by Rep. Spencer Roach, R-North Fort Myers, cleared the Home committees however died ready for the Senate to take motion. Advocates for altering the regulation mentioned they deliberate to attempt once more subsequent yr.

An effort to repeal the gross sales tax on gross sales and leases of personal planes — together with costly jets standard amongst CEOs, celebrities and athletes — failed. Lawmakers mentioned the tax break would have inspired aircraft producers to come back to or keep in Florida and created extra jobs.

Sen. Travis Hutson, R-Palm Coast, who filed one of many payments, mentioned the measure would have value native governments $6.9 million to $7.5 million in misplaced taxes. He mentioned another states have been providing related tax cuts. New York, Delaware, North Carolina and South Carolina are amongst states which have little or no gross sales tax on plane gross sales.

“We’re at worry of shedding a few of the producers that we at the moment have right here,” Hutson mentioned.

Planes offered, delivered, used or saved in Florida are topic to a 6% sale and use tax.

Earlier efforts to repeal the gross sales tax on plane gross sales had failed as a result of the state couldn’t afford to lose these tax revenues, mentioned Rep Toby Overdorf, R-Stuart, who filed the Home model of the invoice.

Democrats withdrew a invoice that may have required faculty districts to supply free menstrual merchandise to college students at school nurses’ places of work or different faculty services, after it wasn’t making headway.

Rep. Kelly Skidmore, D-Boca Raton, and Rep. Michael Grieco, D-North Bay Village, sponsored the Studying with Dignity Act. Skidmore mentioned these merchandise are a necessity and ought to be seen as equal to bathroom paper or paper towels.

Skidmore mentioned she was involved about ladies who’ve to depart class as a result of they don’t have entry to those merchandise, or ladies who can’t afford them.

About 62% of the two.8 million public faculty college students certified financially without cost and decreased lunch, in response to figures from the Florida Division of Training.

“How can we preserve our excessive expectations of scholars once we, because the adults within the room, don’t make sure that they’ve what they should be there and simply present up?” Skidmore requested.

There isn’t a uniform settlement throughout Florida faculty districts how menstrual merchandise ought to be distributed. Rep. Stan McClain, R-Ocala, chairman of the secondary training subcommittee the place the invoice died, instructed Skidmore he wished extra particulars about how every county offers with such distributions, she mentioned.

In Tallahassee, the Leon County Faculty District has put in 30 dispensers for menstrual merchandise in eight center faculties and 6 highschool ladies’ bogs at a price of $14,000, mentioned spokeswoman Heather Thomas. The merchandise are funded by a partnership with the Basis for Leon County Colleges and donations from the group.

California, New York, Illinois, New Hampshire, Virginia and different states have both agreed to supply free menstrual merchandise in faculties or are contemplating related measures.

Lawmakers thought-about maintaining particulars secret concerning the deaths of kids who die in home violence instances, in deference to the mom of two younger boys murdered final summer season by their father. Payments to dam launch of post-mortem reviews in such instances have been making progress within the Home and Senate, till the Senate model stalled and was withdrawn.

The trouble was one among 36 payments to restrict authorities information or info that have to be disclosed underneath Florida’s public information regulation. In the long run, lawmakers handed six of them, together with a regulation defending the identities of victims of sexual harrassment.

Underneath Florida regulation, autopsies are thought-about public information, which could be launched to anybody who requests a replica. These new post-mortem measures would have blocked public entry to autopsies of anybody underneath the age of 18 who have been killed in home violence.

Rex Reinhart, 14, and his brother, Brody, 11, have been fatally shot by their father, Paul Reinhart, on the household’s trip residence in Dixie County earlier than Paul set the house on fireplace and killed himself. His estranged spouse, Minde Reinhart, instructed lawmakers she opposed public launch of her sons’ post-mortem reviews, which confirmed that they had been shot. Throughout a frantic search whereas the boys have been lacking, deputies have been working underneath info that Reinhart didn’t personal any weapons.

Rep. Charles “Chuck” Clemons, R-Jonesville, mentioned he’ll submit the invoice once more subsequent yr.

“I don’t suppose any pals of younger college students ought to have to have the ability to learn stuff like that off of the web, and have lasting reminiscences or repercussions of the issues they’ve learn within the post-mortem reviews,” Clemons mentioned. “I don’t suppose it’s cheap.”

This story was produced by Contemporary Take Florida, a information service of the College of Florida School of Journalism and Communications. Steven Walker, Alex Lugo, Julia Cooper, Daniella Sevares, Abigail Hasebroock and Jack Prator contributed to this reporting. Wilder and Hernandez De La Cruz could be reached at annawilder@freshtakeflorida.com and mhernandezdlc@freshtakeflorida.com. You possibly can donate to assist the scholars at uff.ufl.edu/giving-opportunities/025511-fresh-take-florida-support-fund



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