Latest / Conversations: Special Guests with Preston Scott / What Happened During Florida's Legislative Session?
Transcript
- 0:07And we began the third hour of the Morning Show with Preston Scot Good morning,
- 0:10He's grand I'm Preston and this is Salnuzo with Consumer's Defense. Have you
- 0:16gotten used to it yet? I have, yeah, about two months in
- 0:20it's it's getting acclimated. Was it took a couple of good weeks, sure,
- 0:26but really thrilled with a lot of the work that we're doing in other
- 0:31states. Really, I have gotten acclimated to how other states do their legislative
- 0:38processes and it's given me a newfound appreciation for how tight Florida has it and
- 0:45also for a part time legislature. Oh yeah, absolutely, that meets once
- 0:50a year. I was in the state of Missouri, which is not Missouri.
- 0:55I found out that there is only one corn or tell that to doctor
- 0:58ed Moore. There is only one court of the state that calls it Missouri,
- 1:02and they are made fun of by the other seventy five percent of course
- 1:04state. And they have roughly a five to six month legislature and they're going
- 1:11through some of the bills that Florida's done in a couple of sessions ago related
- 1:19to combating ESG. They're doing it differently some are good, some are not
- 1:23so good, and trying to navigate that with them has been eye opening.
- 1:30Our talk with Justin Haskins last week leads me to believe that there's ground being
- 1:34gained. However, Yes, indeed, what we're finding is that more states
- 1:41are going on the offense to combat Blackrocks, State Street Vanguard and there it's
- 1:49kind of battle tactics. You see them kind of retreating, countering in different
- 1:53ways, calling different things by new names. The state of Texas just divested
- 2:00I think it's eight and a half billion dollars from their school system retirement fund
- 2:05out of black Rock. It was more than a couple of bucks. Yeah.
- 2:07Yeah, So when you go through those things and you see the impact
- 2:13that they can have, and knowing that you're doing a good thing by pushing
- 2:17it gives it encourages even other states that may be on the fits with some
- 2:23of these things. One of the things we endeavor to do in our monthly
- 2:25visits now is to kind of help Floridians people listening to the program from the
- 2:30Sunshine State understand what just happened, sure, or what just didn't happen.
- 2:35Yeah, And we want to start here with you know, we had Paul
- 2:39Renner on the show. He did a post mortem on this session and House
- 2:44Bill one that basically became House Bill three. Correct, So let's let's talk
- 2:47about where where does this now stand? Quote online protections for minors? So
- 2:54Governor DeSantis signed HB three, which had been HB one. He vetoed HB
- 3:00one because he was very concerned about the litigation prospects of it. So HB
- 3:06three, what does it do? What doesn't it do? So? HB
- 3:08three requires anyone in the state of Florida who is fourteen or fifteen years old
- 3:16who would like a social media account, Facebook, Instagram, all of the
- 3:22things the kids are using, requires them to have parental consent in order to
- 3:28open that account. It also requires anyone over the age of fifteen to prove
- 3:35that they are over the age of fifteen, and that is done by age
- 3:39verification methods. How does how does someone prove that the approval of a parent
- 3:49actually came from a parent and that junior didn't just grab mom and dad's driver's
- 3:53license, et cetera. And this is where a little bit of the nuts
- 3:55and bolts of this are gonna kind of be challenging. In both the enactment
- 4:02and the litigation over it, because despite the Governor vetoing HB one and signing
- 4:09HB three, HB three is still going to be subject to a federal court
- 4:14challenge. They're going to and it's likely going to come from a group called
- 4:18net Choice, which is the trade association for all of the major technology platforms
- 4:24out there. They recently were before the Supreme Court on the social Media bill
- 4:29from three years ago. They're challenging it, claiming that requiring an adult to
- 4:33verify their age and submit to a less than anonymous mechanism for social media access
- 4:43to protected speech is government intrusion in a way that violates the First Amendment.
- 4:47And so that is going to be the crux of the litigation. It's likely
- 4:53going to be stayed while it's being litigated. So the bill, I'm not
- 4:59sure, is going to get fully enacted in that until the Supreme Court kind
- 5:03of hears it and it goes through the process. Talking about House Built three
- 5:08that was signed by the governor, We've talked about the challenges and where it's
- 5:13going to come from and why sure, what about the defense? What is
- 5:16the State of Florida going to argue in return yeah, absolutely, and that's
- 5:20equally as important. The state is going to argue that they have a compelling
- 5:25state interest to regulate this form of technology, and the Supreme Court president from
- 5:33years ago does allow for the state to step in when there is a state
- 5:40when there is a compelling state interest. So they're going to argue that social
- 5:44media as they have defined it in the law, and they were very clear
- 5:47about defining the features of the platform versus the platforms themselves exactly, and it
- 5:55may come down to something like this, which I think would be incredibly for
- 6:00the House as they drafted this bill. So the compelling state interest is that
- 6:05the features inherent in these technologies are addictive to kids. They are damaging to
- 6:12kids in the same way that alcohol and tobacco are. And therefore it is
- 6:17a requirement of the state under the age of fourteen to ban it all together,
- 6:24and then at fourteen and fifteen because of the way the courts have been
- 6:29ruling in some other states to allow it only with parental consent. Let me
- 6:34ask you this, and you might not have the answer to this, but
- 6:38maybe you know of people and what they've said regarding the low hanging fruit to
- 6:42me is in one we've discussed, why not just make it mandatory that kids
- 6:47can't pull their phones out at schools. And the reason why I say that
- 6:51is, at that point you can take what's already been going on in Orange
- 6:56County with the school system mandated across the state, and then you have data
- 7:01that you can then use to present your argument that if you go to court,
- 7:04you can say we have done this at schools. We've had a reduction
- 7:09of this, a reduction of this, reduction of this, an increase of
- 7:12this, this, and this. Not only are you one hundred percent accurate,
- 7:15I think that regardless of how the court's rule on this bill and other
- 7:20bills in other states, I think that is absolutely a an absolutely pitch perfect
- 7:28bill for the twenty twenty five legislator legislature to consider. It's something that as
- 7:34in my capacity with JMI, as we were engaging and talking with lawmakers about
- 7:39it, that was something that I continued to fall back on. They implemented
- 7:44a ban on cell phone use during instructional time, but it doesn't capture the
- 7:49between class time when a lot of the problems are happening. That's the majority
- 7:54of it is happening exactly so if you go that route and extend that ban,
- 8:00they've got to be in a sealed container. You can allow them to
- 8:03have them in the backpacks for an emergency, that's the only time that it
- 8:05can be used. Or if they need to reach a parent, they have
- 8:09to go to the front office something like that. What you've done is you
- 8:13have captured seven hours of awake time that these kids are engaging in behaviors that
- 8:20are destructive. Lastly, here something that was i'll call it a legislative priority
- 8:26of mind because I talked about it at nauseum. Squatting Florida kind of leading
- 8:31the nation, Yeah, exactly. The legislature passed and it was a governor's
- 8:35priority to kind of combat a lot of what has been going on in the
- 8:41news in other states where people would show up to properties that they weren't necessarily
- 8:48abandoned, but they may have been kind of sitting idle for a few months
- 8:52as they were trying to get them renovated, or they were investment properties and
- 8:56finding people living there and then illegal procedures to try and get them out were
- 9:03anti property owners. So the legislature passed a bill. It's it's called property
- 9:09Rights, and it is an anti squatting bill that basically asserts the right of
- 9:16a property owner to kick Periodboddy out if they come onto their property and find
- 9:20someone who is not supposed to be there, regardless of the timeframe that that
- 9:24person has been there. Yeah, folks, in some states they actually consider
- 9:28squatters as tenants and entitled do with viction rights and all that. It doesn't
- 9:35work that way. I remember a movie back in I think it was the
- 9:37eighties called Pacific Heights. Michael Keaton was I remember it well, Scared that
- 9:41out of May, yes, exactly, and it's just kind of you know,
- 9:46baby steps along the way. Yep. But those types of scenarios are
- 9:50not uncommon now and people are dying, yeah, in states like California,
- 9:56New York and others. Yep. Morisal news. Oh next, all right,
- 10:01let's keep talking. Sal Muzzo, Executive Director of Consumers Defense with US
- 10:05Florida Legislative Session. That was I will maintain till my dying days that when
- 10:13Governor Desant has left the campaign trail, he returned to being a full time
- 10:16governor and it mattered. I think it mattered potentially. I just do potentially.
- 10:24I mean just the sheer distance, the level of focus required to mount
- 10:30a serious effort at well, we got back to micro not macro probably,
- 10:33you know, everything was through the lens of Florida, yep, and not
- 10:37the other way around. Correct. Let's talk about bills that have been signed,
- 10:41for sure. So there were Yeah, there were a total of three
- 10:45hundred and twenty five bills in total past two hundred and eleven of those are
- 10:50still awaiting what they call presentation. Is that average? Uh yeah, about
- 10:54it's a little lower than I've seen in the past, but not much.
- 10:58How many of them are bills that correct things versus bills that maybe break new
- 11:03ground. Breaking new ground is going to be the minority. The majority of
- 11:07these are going to be things where they open a statute up to kind of
- 11:11up too language. One bill in particular, took the labor reform bill from
- 11:18the prior year and made some updates to it to clarify intent for the agency
- 11:24called perk that implements it in an AXIT. So there's a lot of that
- 11:28going on. Okay, So some notable ones that he has signed, the
- 11:33big healthcare priority of the Senate President there were two specific bills in there that
- 11:39just pump a ton of money into the healthcare infrastructure and career development piece to
- 11:46try and recruit a lot of doctors and practitioners, not just doctors, but
- 11:50healthcare providers into the state and kind of grow our own We are a heavy
- 11:56growth state. We have to keep pace with that growth in terms of the
- 12:01number of providers or we're going to have serious challenges. And so that's one
- 12:05big one. Like I mentioned, we had some reforms and some cleanup on
- 12:11the big labor reform package from the prior session. An interesting one collecting DNA
- 12:16samples of all inmates in Florida prisons, which apparently was a practice a while
- 12:24ago. It had fallen off and so they're just kind of making it a
- 12:28statutory requirement. Now. Congrats to my good friendship Lamarca. Five years and
- 12:35he finally got the grapes freed. Individual wine container sizes or the bands are
- 12:41no more in Florida. Good job, Chip. Strengthening the laws against human
- 12:46trafficking and aiding illegal aliens in the conduct of crimes. That's a big focus
- 12:52of the Attorney General as well as some other agencies that kind of came to
- 12:58bear on that issue. Would we paraphrase that is making it more difficult for
- 13:03people to help illegals be illegal. You got it, among other things,
- 13:07but that's a big part of it. A couple of big agency bills have
- 13:11been signed the Department of Transportation as well as a Department of Corrections. Fentanyl.
- 13:16This is an interesting one. Exposing law enforcement to doses of fentanyl is
- 13:24now a much more serious crime. But interestingly enough, and I had to
- 13:31look this up because I had an immediate concern on this, it does include
- 13:35an exemption for individuals who were actively seeking care for a possible overdose. So
- 13:41what you want to make sure is you have a balance where if someone you
- 13:45know ingested fentanyl, not knowing that they were doing that, and realizes it
- 13:50and calls nine to one one, you don't want to discourage that because someone
- 13:56thinks they're going to get charged with a crime. On top of any other
- 14:00expanded penalties for organized retail theft, this is a big one because in kind
- 14:05of the push to make sure Florida protects itself from other states that where you
- 14:11have these runs on CBS, and we were going that way. It was
- 14:16happening in a very limited environment, so kind of a frontal assault on that
- 14:22kind of activity, three different bills at updated statutes related to violent crimes against
- 14:30children, including one that I didn't realize that this was in a bill.
- 14:35It's a grant program for local law enforcement organizations to do stings like the catch
- 14:41a predator thing, So some money to go that route zone of protection around
- 14:46law enforcement twenty five feet you have to kind of if you're warned, you
- 14:50have to back up twenty five feet or you can be charged with a misdemeanor.
- 14:56I think this is a response to a lot of the BLM riots that
- 14:58have happened, and employment regulations preempting the local governments from establishing crazy rules and
- 15:07regulations at the local level for employers, including allowing miners to at the ages
- 15:13of I think fifteen and six or sixteen and seventeen to work longer than what
- 15:18the prior statutes had. The Morning Show at Preston Scott back with Sal Muzzo,
- 15:37Executive Director Consumer's Defense or going through the Florida legislature. Do you have
- 15:39a question if you have a bill you want us to go over in future
- 15:43episodes. We do this once a month where we can take time and explore
- 15:48things. We're happy to do it there's a bill you want us to look
- 15:52a little deeper at, just send us the bill number. That's all we
- 15:56need. You can offer a pithy opinion on if you'd like, but all
- 16:00we need is the bill number, and we'll do a deep dive in a
- 16:03future episode here. But we're talking now about some bills that did not get
- 16:11signed or haven't been signed yet. Sure, so you've got a few notable
- 16:18ones that will probably unpack in future segments. Food delivery platforms, the school
- 16:22choice program, updates, the tax package, criminal history for employment licenses as
- 16:30well as the licensing reform package, the AI bills in political advertisements, and
- 16:36then a few large agency bills. Now there's a bunch that were sent to
- 16:40him on the I believe April second, So he's got until the seventeenth,
- 16:45which is this week. So expect a flurry of signatures or vetos the press
- 16:49and we'll get the press releases on those, and there may be some some
- 16:53you know, press statements or press conferences where he does those as well.
- 16:57Also the budget. He has not been presented the budget, and that's normal
- 17:03because he still would have fifteen days to sign and issue the line on a
- 17:07veto So if they've agreed to a budget the legislature and adjourned, what are
- 17:11they waiting on. I think they're likely waiting on the governor's budget staff,
- 17:18who are reviewing every single line item in that to unpack it make sure that
- 17:23they're comfortable on everything that he wants to issue line items for, rather than
- 17:30because he technically it doesn't take effect until July one anyway, so they're giving
- 17:33the governor's office some time to go through and get their light on a veto
- 17:37set. Okay, all right, the Hemp built the Hemp Bill. This
- 17:41is an important one ahead of the fact that we're gonna have on the ballot
- 17:48in November recreational marijuana in the state of Florida, and I would argue there
- 17:55is a better than average chance that it is going to pass. The last
- 18:00ling I saw on it had it at around sixty eight percent in favor.
- 18:04Rereadfully bad move, but can't stop stupid. I'm gonna you know, this
- 18:10is where and when we talk off air about you know, I do have
- 18:14some libertarian tendencies in me. The libertarian in me suggests that to my conscience
- 18:21that if we live in a society that's going to allow but regulate alcohol and
- 18:26tobacco. That this is akin to those I recognize and appreciate every single argument
- 18:34that others make in opposition, but I'm that's just it's just yeah. So
- 18:41the Hemp Bill sets some limitations on the levels of THCHC that are going that
- 18:49are allowed in both medical marijuana as well as in any form of non medical
- 18:57marijuana. So it's kind of getting ahead of it to establish a regulatory guide
- 19:04for when that kind of constitutional amendment might pass. Is that practically applicable though?
- 19:11In other words, who gets charged with figuring out that some Mary Jane
- 19:15it's someone's growing is hitting the right numbers. Well, there's going to be
- 19:19an entire regulatory framework for all of this in the same way that it's done
- 19:25for medicinal marijuana. So the milligrams of THC per ouncer and all of the
- 19:30things that they do, so people still can't grow it at home. That's
- 19:33correct, as I understand the way. That's the true leaves of the world
- 19:37are going to be thrilled. Oh they are they rolling in money, true
- 19:41leaves spent I think forty million dollars just getting the thing on the ballots.
- 19:45You got to imagine how much the windfall is going to be for them if
- 19:49it goes active The Morning Show with Preston Scott, Mother, No you wear
- 19:56eth herdrepe on News Radio one hundred point seven. La. Time flies when
- 20:04you're cliff diving. That's what we're doing here, deep diving with Sal Nuzzo
- 20:10on legislated things here on The Morning Show with Preston Scott. Anything more to
- 20:14talk about with regard to him? Wait, we're already in segment five.
- 20:18Yes, Wow, this is crazy. Yes. So there is a big
- 20:23effort on the part of a number of business interests to try and persuade the
- 20:29governor to veto this bill. Ah, you know, the restrictions on it
- 20:37kind of are a challenge to I mean, is this I mean, is
- 20:41this a simple thing of you know, this is not your grandpa's marijuana.
- 20:45I mean, it's a different level that we're dealing with. Yes, But
- 20:48there are also some provisions in the bill that I think would impact a number
- 20:52of established businesses that are selling certain things that are currently legal and now those
- 20:59things are going to be outlawed. So you have some concerned business enterprises that
- 21:06are urging and I think I've even seen some billboards in Tallahassee related to that
- 21:11okay vaping vaping related topic. So the legislature passed a bill that would require
- 21:21if you have a vaping cartridge that accepts the oil or whatever goes in it,
- 21:26that whatever goes in that cartridge has to be approved by the Food and
- 21:30Drug Administration. Apparently, and I'm not a vapor so I have some limited
- 21:36perspective on this, but apparently there has been a market for non FDA approved
- 21:42material or liquids that go into those things. Rich Marianos, who joined US
- 21:48last week formerly with ATF said that that is the overwhelming majority of the products
- 21:53that are available, they're not regulated at all, and likely a huge chunk
- 21:59of these products are coming from China exactly, which is a problem not germane
- 22:06to this product, but for the purposes of regulation, you've got people getting
- 22:12products that are completely unregulated, coming from what many would consider a political and
- 22:19strategic opponent of the United States. So then they're putting this stuff into their
- 22:25cartridges and vaping it. Here's one of the concerns that's been brought to bear
- 22:30by a number of business interests as this bill has gone through the process is
- 22:37that currently, the products that are approved by the Food and Drug Administration,
- 22:45there's only a finite number of them, and they are all owned almost all,
- 22:51if not exclusively, all owned by big tobacco companies. So as you
- 22:55could imagine the lobbying and sausage making on this. The big tobacco companies were
- 23:00very much in favor of this bill going through because it presents a potential windfall
- 23:06for them. Absolutely. But then on the other side, you have businesses
- 23:10that are established solely to sell vaping products that would lose eighty ninety percent of
- 23:18their inventory or product availability and would have to shift just over to the limited
- 23:26number of products. And I can understand both perspectives on this. I think
- 23:32the challenge for me comes, especially in my role with consumers Defense, is
- 23:37the China angle. That is a big deal that, like I said,
- 23:41it's not just germane to the product in subject to this regulation. It's something
- 23:48that we're seeing that we've got to be combating on a number of different fronts.
- 23:53More to talk about in the coming weeks and months. Yeah, we're
- 23:56going to have more bills being signed this week, so next month we'll have
- 24:00a whole new list of stuff to unpack. Likely also have the budget kind
- 24:04of signed in the line one of veto so that we can kind of go
- 24:07through that as well. Compare the budget and the veto list with the Turkey
- 24:11list that tax Watch puts out. Yeah, I'm totally looking forward to the
- 24:15tax Watch Turkey list and see kind of how the overlap goes on those.
- 24:22As always, thank you, always a pleasure. My friend, Yep Salnuzo
- 24:25with Consumers Defense our guest forty six past the hour