If you are reading this article, we probably survived the 2020 General Election. No more television ads, no more direct mail, no more robocalls and no more unsolicited texts. (Whew!) While the Presidential election may or may not be settled as you read this, there’s a strong chance that state and local elections are settled and winners declared. We will have a new class of freshman legislators in the Florida House of Representatives and we will have many new faces in the Florida Senate. So… what comes next?
Legislators will convene in Tallahassee for the annual November organizational session. This gathering is full of pomp and ceremony, but some incredibly important things will happen to shape Florida politics for the next two years. First, a new Senate President and Speaker of the House will be officially installed. Assuming the Republican majority holds, Senate Republicans will elect Senator Wilton Simpson (R – Trilby) as their President for the 2021-2022 legislative term. On the House side of the rotunda, Representative Chris Sprowls (R – Clearwater) will be elected Speaker. Each new leader will give an acceptance speech outlining their top policy and funding priorities for the next two years. This roadmap will be informative on the major issues to shape the 2021 regular session and beyond. Further, the new leaders will flesh out the leadership teams in their respective chambers, including assigning committee chairmanships.
The Legislature may add a few items to the to-do list for November, including a potential special session. There are three main topics swirling that may trigger a special session:
1. The state budget.
2. Governor DeSantis’ law and order reform package.
3. COVID liability protections for Florida businesses.
A special session on the budget has been rumored since COVID-19 halted the state’s economy (and general revenue collections) in March. Strong conservative planning and state reserves have floated the ship thus far, but another round of bruising lockdowns or another federal CARES Act-type relief bill requiring legislative action could trigger a budget-oriented special session. Second, Governor DeSantis has released a policy package entitled the “Combatting Violence, Disorder and Looting and Law Enforcement Protection Act” with reforms aimed at curtailing civil unrest and violent protests. The package has three main components:
1. New criminal offenses to combat rioting, looting and violence.
2. Increased penalties for violators.
3. Financial penalties for local governments that seek to defund their police departments.
He has called upon incoming legislative leadership to take up the package and pass it during the November organizational session. Third, the Legislature and business advocacy groups have been working on proposed reforms to help Florida businesses combat and recover from COVID-19, including added protections from frivolous lawsuits related to the pandemic. It’s almost certain that a legislative policy package will be introduced during the 2021 regular session, but any special session called before next spring would likely include these measures.
As we enter 2021, the Legislature will kick into high gear with committee weeks during January and February. The official kickoff of the 60-day annual legislative session is set for March 2. COVID will certainly change the look and feel of legislative committees and floor sessions. The incoming leadership teams are already at the drawing board determining how to safely conduct the State’s business while observing CDC social distancing guidelines and other best practices. The specifics will come into focus early next year, but it’s very clear that the Legislature won’t be conducting business as usual.
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