Becker & Poliakoff

Becker’s State Lobbying Update: Week 5, April 3-7, 2023

Becker’s State Lobbying Update: Week 5, April 3-7, 2023

“Heartbeat Protection Act”

SB 300 – Pregnancy and Parent Support by Senator Grall
HB 7 – Pregnancy and Parent Support by Representatives Persons-Mulicka

  • Both chambers debated SB 300/HB 7 regarding the expansion of the 15-week ban for the termination of pregnancy and other healthcare services this week. SB 300/HB 7 will prohibit a physician from knowingly performing or inducing an abortion after 6 weeks. This legislation would make exceptions for cases of rape, incest, fetal fatal abnormalities or if the mother is at severe risk of injury or death. Victims must qualify for this exception by showing proof, at the time she is to arrive for her abortion, a copy of a restraining order, police report, medical record, or other documentation that proves she is obtaining the abortion because she is the victim of rape or incest. The bill also allocates a substantial amount of funding to pregnancy centers in hopes of providing expecting parents with accessible support including childcare courses. SB 300 passed favorably off the Senate floor with a vote of 26 Yeas and 13 Nays. SB 300 is now headed to the House for a vote.

“Permitless Carry”

HB 543 – Public Safety by Representative Brannan
SB 150 – Public Safety by Senator Collins

  • On Monday, April 3, HB 543 by Representative Brannan was signed into law by Governor DeSantis. HB 534, a bill relating to constitutional carry, will allow Floridians to obtain and carry weapons without being required to participate in a training course or apply for, and receive, a gun permit. If a Florida gun buyer purchases a gun from a licensed dealer, the gun buyer will still undergo a background check and must wait three-days before receiving the purchased gun.  If a Florida gun buyer purchases a gun in a private sale, or are gifted a weapon, they won’t be subject to a background check or waiting period.  This law, effective on July 1, 2023, will still require that most guns carried in public be concealed.


SB 512 – Building Construction by Senator Hooper
CS/HB 89 – Building Construction by Representative Maggard

  • SB 512 by Senator Hooper states that a local enforcement agency or local government may not make or require any changes to a building plan unless otherwise required for compliance with the Florida Building code, Florida Fire Prevention Code, or an amendment set forth by a local government. SB 512 includes language permitting a Class A air-conditioning contractor to perform certain duties including, but not limited to, the reconnecting of breakers and fuses on an electrical circuit and the replacement – and other potential fixes – to switches and boxes. The bill also requires a local government to inform building permit applicants of the specific parts of a building plan that do not apply with either Florida Fire Prevention code, Florida’s Life Safety Code, or local amendments and allow the applicant to rectify the issues to receive the permit. The House companion, CS/HB 89 by Representative Maggard, received unanimous support in the Local Administration, Federal Affairs and Special Districts Subcommittee.  CS/HB 89 has been placed on the calendar for second reading and is waiting to be heard on the House floor.


HB 967 – Medicaid Coverage of Continuous Glucose Monitors by Representative Melony Bell
SB 988 – Medicaid Coverage of Continuous Glucose Monitors by Senator Colleen Burton

  • HB 967 by Representative Bell requires the Agency for Health Care Administration to cover continuous glucose monitors for certain Medicaid recipients: the recipient has been diagnosed by their primary care physician, or another licensed health care practitioner with Type 1 or 2 diabetes, gestational diabetes, or any other type that can be treated with insulin and a health care practitioner has prescribed insulin to treat the recipient’s diabetes and a continuous glucose monitor to assist the recipient and practitioner in managing the recipient’s diabetes. On April 3, 2023, the bill was first heard in the Healthcare Regulation Subcommittee where it passed unanimously. An amendment was also adopted that changes the active time of the application from 10 to 7 days. It will be heard next in the Health Care Appropriations Subcommittee. In the Senate, SB 988, is scheduled to be heard in its second committee of reference, Appropriations Committee on Health and Human Services, on Wednesday, April 12.

SB 558 – Certified Nursing Assistants by Senator Burton
HB 351 – Certified Nursing Assistants by Representative W. Robinson

  • SB 558 by Senator Burton permits nursing homes to authorize registered nurses to designate tasks, including the administration of medication, to a certified nursing assistant (CNA). CNAs must first meet specific requirements including, but not limited to, an extensive 6-hour training, and the completion of an additional 34-hour training on medication administration. Upon completion of these requirements, CNAs will be designated as ‘Qualified Medication Aides’ and must complete an annual validation with 2 hours of in-service training in medication administration and medication error prevention. SB 558 requires that CNAs may only administer medication under supervision of a nurse. SB 558 received unanimous support during the third reading and is waiting to be heard in the House for a vote.

Ethics and Elections

SB 444 – District School Board Elections by Senator Ingoglia
HB 411 – School Board Elections by Representative Steele

  • SB 444 by Senator Ingoglia will bring elected school board members into accordance with state legislators by revising current election requirements related to an individual’s place of residence. Currently, elected school board members are required to reside in a school district by the date of election qualification. SB 444 will provide elected officials with more time by requiring that individuals reside in a district upon the date they assume office. According to the House sponsor for HB 411, this comes after an individual was forced to relocate due to damages to his home, causing him to relocate which subsequently led to his ability to run being revoked. SB 444 received 9 Yeas and 3 Nays in its second committee hearing and will be heard in Rules next but has not been scheduled. HB 441 passed favorably on the House floor with a vote of 83 Yeas and 28 Nays.  The bill has now been referred to Rules.

Criminal Justice

SB 338 – Trust Fund for Victims of Human Trafficking/Department of Legal Affairs by Senator Osgood
HB 647 – Trust Funds/Trust Fund for Victims of Human Trafficking/DLA by Representative F. Robinson

  • SB 338 by Senator Osgood establishes the Trust Fund for Victims of Human Trafficking within the Department of Legal Affairs. The program will receive its funding from penalties imposed by the courts and funds received from any other source, including legislative appropriations. There is a termination date of July 1, 2027, unless terminated sooner or re-created. However, before its scheduled termination, the trust fund must be reviewed. The hope of this bill is to combat the issues an individual faces once removed from trafficking and remind them they are a survivor and thriver in society, not a victim. The bill was first heard in the Criminal Justice Committee on April 4, where it was received unanimous support. It must be heard in the Appropriations Committee on Criminal and Civil Justice and the Appropriations Committee before heading to the Floor. The House companion, HB 647 by Representative Robinson, has been referred to three committees but has not been scheduled.

SB 424 – Time Limitations for Prosecution of Certain Sexual Offenses by Senator Davis
HB 521 – Time Limitations for Prosecution of Certain Sexual Offenses by Representative Hunschofsky

  • SB 424 by Senator Davis will revise the statute of limitations for a first- or second-degree felony offense or sexual battery, if the victim is 16 years of age or older at the time of the offense and the offense is reported to law enforcement or a medical professional within 21 days. This time limitation applies to an offense that is committed on or after July 1, 2023. SB 424 had its first hearing in the Criminal Justice Committee on April 4, where it received 5 Yeas and 0 Nays. It will be heard next in the Judiciary Committee.

Local Government

SB 696 – Local Officials by Senator Ingoglia
HB 729 – Local Officials’ Employment Contracts by Representative Holcomb

  • SB 696 by Senator Ingoglia prohibits certain local government employee contracts from being renewed, extended, or renegotiated within 8 months of a general election for members of the applicable governing body including county administrators, county general counsels, municipal chief executive officers, municipal general counsels, school superintendents, and school board general counsels. There is an exception when the employee produces a completing employment offer from another governmental entity. SB696 had its second hearing in the Governmental Oversight and Accountability Committee where it was favorable with 8 Yeas and 0 Nays, its third committee will be in the Rules Committee.

SB 1346 – Local Regulation of Nonconforming or Unsafe Structures by Senator Avila
HB 1317 – Local Regulation of Nonconforming or Unsafe Structures by Representative Roach

  • SB 1346 by Senator Avila creates the Resiliency and Safe Structures Act, providing that a local government may not prohibit, restrict, or prevent the demolition of structures for any reason other than public safety including, nonconforming structures located within one-half mile of the coastline and within Zones V, VE, AO, or AE, as identified by the Federal Emergency Management Agency. Local governments must authorize replacement structures to be developed to the maximum height and overall building size authorized by local development regulations. This does not apply to single-family homes or structures individually listed in the National Register of Historic Places. In the bill’s second hearing on April 4, 2023, in the Environment and Natural Resources Committee, the bill was favorable with 9 Yeas and 0 Nays.

SB 1256 – Preemption Over Utility by Senator Collins
CS/HB 1281 – Preemption Over Utility Service Restrictions by Representative Buchanan

  • SB 1256 by Senator Collins will prohibit a municipality, county, special district, or other political subdivision of the state from enacting or enforcing a law, ordinance or rule that will restrict or prohibit, or has the effect of restricting or prohibiting, the use of any major appliance including a stove or grill. SB 1256 outlines the acceptable types or fuel source of energy production allowed to be used, delivered, concerted, or supplied. SB 1256 received unanimous support in the Community Affairs Committee. It will be heard in Regulated Industries but has not been scheduled yet. The House companion, CS/HB 1281 by Representative Buchanan, was last heard in March, but has one last hearing in the Commerce Committee next.