2018 Florida legislative session

2018 legislative sessions coverage
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Florida State Legislature
General information
Type:	State legislature
Term limits:	2 terms (8 years) in Senate, 4 terms (8 years) in House
Session start:	January 9, 2018
Session end:	March 11, 2018
Website:	Official Legislature Page
Leadership
Senate President:	Joe Negron (R)
House Speaker:	Richard Corcoran (R)
Majority Leader:	Senate: Wilton Simpson (R) House: Ray Rodrigues (R)
Minority Leader:	Senate: Oscar Braynon (D) House: Janet Cruz (D)
Structure
Members:	40 (Senate), 120 (House)
Length of term:	4 years (Senate), 2 years (House)
Authority:	Art I, Section 1, Florida Constitution
Salary:	$29,697/year + per diem
Elections
Redistricting:	Florida Legislature has control

During 2018, Ballotpedia tracked notable stories from the Florida State Legislature. The timeline on this page shows the major events that we tracked during 2018, including events in the regular session and in any special sessions that occurred after the regular session adjourned.

If you know of any additional events that should be added to this page, please email us at editor@ballotpedia.org.

Overview

In 2018, the Florida State Legislature was in session from January 9, 2018, through March 11, 2018.

Partisan control

Florida was one of 26 Republican state government trifectas in 2018. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about state government trifectas, click here.

The following tables show the partisan breakdown of the Florida State Legislature in the 2018 legislative session.

Senate

Party		As of July 2018
	Democratic Party	16
	Republican Party	23
	Vacancies	1
Total		40

House

Party		As of July 2018
	Democratic Party	41
	Republican Party	76
	Vacancies	3
Total		120

Leadership in 2018

Senate

• Senate president: Joe Negron (R)
• Majority leader: Wilton Simpson (R)
• Minority leader: Oscar Braynon (D)
• Deputy majority leader: Kelli Stargel (R)
• Minority leader pro tempore: Lauren Book (D)

House

• Speaker of the House: Richard Corcoran (R)
• Majority leader: Ray Rodrigues (R)
• Minority leader: Janet Cruz (D)
• Speaker pro tempore: Jeanette Nuñez (R)
• Minority leader pro tempore: Bobby DuBose (D)

Regular session

According to the Florida Senate bill list, legislators introduced 3,193 bills during the 2018 regular session.

Status of legislation at the end of the regular session

This table details the status of legislation covered on this page at the end of the regular session.

Status of legislation at the end of the 2018 regular session
Legislation	Subject area	Actions during the regular session	Status at the end of the regular session
HB 9	Ban sanctuary cities	Passed House	Died in Senate Judiciary Committee
SB7026	Firearm safety, school safety, mental health	Passed Senate Passed House	Governor signed
HB 7055	K-12 education bill	Passed legislature	Governor signed
SB 4	Higher education bill	Passed legislature	Governor signed
HJR 7001	Ballot measure: Florida Amendment 5, Two-Thirds Vote of Legislature to Increase Taxes or Fees Amendment	Passed House Passed Senate	Approved by voters on November 6, 2018
HB 21	Limits opioid prescriptions	Passed legislature	Governor signed
HB 5003	Budget	Passed legislature	Governor signed

January 12, 2018

Florida House of Representatives passes bill to ban sanctuary cities
For the third year in a row, the Florida House of Representatives approved legislation that would allow the state to fine local law enforcement agencies if they did not comply with federal immigration laws. The bill would effectively outlaw sanctuary cities, municipalities that limit compliance with certain federal detention requests. The state Senate did not approve the bill during the previous two sessions. According to CBS/FOX Action News Jax, Speaker of the House Richard Corcoran (R) stated that he believed the state Senate would approve the legislation in 2018. State Senate President Joe Negron (R) told the Associated Press that the bill could be scheduled for a hearing.

Update: The legislation was sent to the Florida State Senate, where it died in the Senate Judiciary Committee.

See also: Sanctuary jurisdictions and Sanctuary policy preemption conflicts between the federal and local governments

March 5, 2018

Florida Senate passes firearm-related legislation
The Republican-controlled Florida State Senate voted to send the Marjory Stoneman Douglas High School Public Safety Act to the Republican-controlled House of Representatives. The legislation included proposals regarding firearm safety, school safety, mental health, and more.

• Firearm safety. The bill would:
  • raise the minimum age for purchasing a rifle from 18 to 21.
  • require a three-day waiting period for firearm purchases.
  • ban the sale and possession of bump stocks in the state.

• School safety. The bill would:
  • create a program authorizing select teachers and school employees to carry firearms in schools. Participating school employees would be required to complete 132 hours of training and would not include teachers working exclusively in the classroom.
  • require district school boards, superintendents, and the state Department of Education to institute programs and techniques to identify and respond to threats and vulnerabilities at schools.
  • establish a mental health fund allocation to help schools establish or expand mental health care.

• Mental health. The bill would:
  • authorize law enforcement to seize firearms from an individual taken into custody under the Baker Act. The officer would be able to hold firearms for 24 hours after the individual's release without obtaining a risk protection order.
  • prohibit individuals committed to mental institutions from owning or possessing firearms.
  • create a process for law enforcement to petition courts for a risk protection order to prevent individuals deemed to pose an extreme risk to themselves or others from accessing firearms.

• Other. The bill would:
  • make it illegal to threaten to conduct a mass shooting.
  • require the state Department of Children and Families to contract with community teams to provide behavioral health and support services.
  • create a mobile app that would allow the community to anonymously communicate with law enforcement regarding threats.
  • appropriate $400 million to implement bill provisions.

The bill passed 20-18. Three Democrats joined 17 Republicans in favor of the bill, while six Republicans and 12 Democrats opposed the bill. According to The Associated Press: "Few, if any, senators were completely happy with the legislation. Many Republicans don’t like the idea of raising the minimum age to buy rifles from 18 to 21 or creating a waiting period to purchase the weapons. Many Democrats think the bill didn’t go far enough because it doesn’t include a ban on assault-style rifles or large-capacity magazines."

The legislation reflected proposals which Republican Gov. Rick Scott outlined in a press release on February 23, 2018.

The bill was a response to a school shooting on February 14, 2018, at Marjory Stoneman Douglas High School in Parkland, Florida, which left 17 people dead.

Update: The Florida State Senate approved the bill on March 7, 2018, and Gov. Rick Scott (R) signed it on March 9, 2018.

Florida Legislature approves K-12 education bill
The Florida State Legislature sent an education bill to Republican Gov. Rick Scott. The legislation, HB 7055, would create the Hope Scholarship Program, which would allow public school students subjected to bullying and/or other types of violence to transfer schools or to request a state scholarship or voucher to attend a private school.

Legislators disagreed on the Hope Scholarship Program provision. Sen. Gary Farmer (D-District 34) said, "Why are we expanding these vouchers? Why [are we] starving our public schools? It’s insanity, and it’s patently unfair." House Speaker Richard Corcoran (R- District 37) said, "Each and every child deserves to feel safe at school. No child should ever have to fear for their safety as soon as they step into the classroom." According to The Associated Press, the state spends almost $1 billion to send students to private schools.

HB 7055 would also require teachers unions to apply for recertification if less than 50 percent of teachers represented were dues-paying union members. Teachers unions objected to this provision, as did several senators who voted in favor of an amendment to remove it. The amendment failed, 21 to 17.

The bill contained a number of other provisions, including the creation of a scholarship to help pay for supplementary instruction for 3rd- to 5th-grade public school students struggling with reading and the possibility of home-schooled students to be dual enrolled in college, among others.

HB 7055 passed the Florida State Senate in a 20 to 17 vote, with four Republican senators and all Democratic senators but one voting against the bill. The Florida House of Representatives agreed to the Senate's amended bill, 74 to 39. The legislation was sent to Gov. Rick Scott for approval. Read more here.

Update: Gov. Rick Scott (R) signed the legislation on March 11, 2018.

Higher education bill advances to governor's desk
Senate Bill 4, which would expand the state's Bright Futures scholarship, advanced to the governor's desk after the Florida House of Representatives approved the bill, 84 to 28, and the Florida State Senate followed suit, 33 to 5.

SB 4 would allow the state to pay either 75 percent or 100 percent of tuition and fees for the state's top-performing students, including summer classes and, in some cases, textbooks, depending on academic performance; create a new scholarship for farmworker families, and double the state's match requirement for first-generation students. The bill would also establish a program to fund and support higher education faculty recruitment and retention, require universities to use a four-year graduation rate for their performance-funding formula, and consolidate University of South Florida campuses. It would also prohibit universities from designating "any area of campus as a free-speech zone." Efforts to remove the provision failed in the House, 75 to 37, and in the Senate by voice vote.

The Bright Futures Scholarship program is funded by the state of Florida and provides scholarships based on academic achievement and determined by certain eligibility criteria. At the time of SB 4's passage, around 100,000 students received the scholarships, according to The Associated Press. Lawmakers reduced funding and increased requirements for the Bright Futures program in 2010 and 2011. In 2017, Gov. Scott vetoed a measure similar to SB 4 that would have expanded the scholarship program. Read more here.

Update: Gov. Rick Scott (R) signed the legislation on March 11, 2018.

Florida lawmakers approve ballot measure to require supermajority vote to raise taxes
The Florida State Senate approved HJR 7001, a proposed constiutional amendment to require a two-thirds vote to increase taxes. The Florida House of Representatives approved the amendment 80-29, with the support of 70 Republicans and 10 Democrats, in January. The Florida State Senate approved the amendment 25-13. Republicans controlled 23 Senate seats; however, one Republican voted against the amendment. Three Democrats joined with Republicans to pass the amendment, sending it to the ballot.

The measure would require a two-thirds vote of each chamber of the Florida State Legislature to enact new taxes or fees or increase existing ones. As of 2018, the state legislature was allowed to enact new taxes or fees or increase existing ones, except the corporate income tax, through a simple majority vote in each chamber.

According to Governing, a supermajority vote to increase taxes existed in 14 states at the time of HJR 7001's passage.

See also: Florida Amendment 5, Two-Thirds Vote of Legislature to Increase Taxes or Fees Amendment (2018)

March 7, 2018

Florida Legislature passes firearm-related bill
The Republican-controlled Florida House of Representatives voted 67 to 50 in favor of Senate Bill 7026, the Marjory Stoneman Douglas High School Public Safety Act. The bill contained a number of gun-related provisions, such as establishing a three-day waiting period to purchase firearms, raising the minimum age for purchasing a rifle from 18 to 21, and banning bump stocks. The legislation would also allow sheriffs' offices to establish a program in which select teachers and school employees could carry firearms in schools. The measure would authorize law enforcement, with court approval, to temporarily confiscate weapons from individuals considered to be a risk to themselves or others. SB 7026 was sent to Republican Gov. Rick Scott who said, "I’m going to review the bill line by line, and the group that I’m going to be talking to, the group that I care the most about because it impacted them so much, is the families," referring to the families of victims of a shooting at Marjory Stoneman Douglas High School on February 14, 2018.

Update: Gov. Rick Scott (R) signed it on March 9, 2018.

March 9, 2018

Gov. Rick Scott signs gun legislation into law
Republican Gov. Rick Scott signed into law Senate Bill 7026, the Marjory Stoneman Douglas High School Public Safety Act. The bill passed the Florida State Legislature with bipartisan support. The legislation came in response to a shooting at Marjory Stoneman Douglas High School on February 14, which left 17 people dead. Read more here. Click here for more information about the legislation.

Update: On March 9, 2018, the National Rifle Association filed a lawsuit challenging SB 7026. Click here for more information.

March 11, 2018

Legislature sends bill limiting opioid prescriptions to governor's desk
The Florida Legislature approved a bill to limit opioid prescriptions and increase funding for treatment. The bill would limit initial prescriptions for painkillers like Oxycontin and fentanyl to three days, but healthcare providers would be allowed to provide prescriptions of up to seven days for acute pain exceptions. No limits would be placed on opioid prescriptions for cases of trauma, chronic pain, cancer, or terminal illness. The bill also suggested allocating $53.5 million in state and federal grant funding for treatment programs and state prescription database updates.

The Florida Department of Law Enforcement reported 5,725 opioid-related deaths in 2016, approximately 16 residents per day. According to the Insurance Journal, the legislation was a major priority for the governor and the legislature. At the time of the bill's passage, Florida was one of 25 other states that had passed limits on opioid prescriptions since 2016.

Update: The governor signed the legislation on March 19, 2018.

See also: Opioid prescription limits and policies by state

Gov. Scott signs education bills
Republican Gov. Rick Scott signed two education bills (HB 7055 and SB 4). HB 7055 increased K-12 scholarship opportunities in the state and extended school choice options to public school students subjected to bullying and/or other types of violence. SB 4 expanded the state's Bright Futures Scholarship program, which provides scholarships to top academic performers in the state; decreased graduation rate standards from six-years to four-years; and required universities to help students find internship opportunities. The bills were championed by state House Speaker Richard Corcoran and Senate President Joe Negron, respectively.

March 19, 2018

Gov. Scott signs opioid legislation
Republican Gov. Rick Scott signed opioid legislation that placed a three-day limit on prescribed opioids for acute pain, with some exceptions for a seven-day prescription. The law required healthcare providers to verify a patient's medication history by checking a statewide database of controlled substance prescriptions and mandated that doctors participate in continuing education courses for prescribing opioids. It increased penalties for providers that prescribed opioids through fraudulent or deceptive methods and established measures to limit unlicensed pain management clinics. Gov. Scott also noted that the state's fiscal year 2019 budget included $65 million to combat the opioid crisis.

Budget

2018

Republican Gov. Rick Scott signed the fiscal year 2019 budget on March 16, 2018. The budget, which took effect July 1, 2018, allocated $89 billion including:

• $10.1 billion for transportation infrastructure;
• $1.7 billion in disaster assistance for state and local governments;
• $400 million for the Marjory Stoneman Douglas High School Public Safety Act, a public safety and firearm safety bill that Gov. Scott signed into law on Friday, March 9;
• $171 million in tax cuts for Florida residents, including several sales tax holidays and a requirement that counties reduce property taxes;
• $101 million for Florida Forever, the state's environmental land-buying program;
• $85 million for the Florida Job Growth Grant Fund;
• $76 million for Visit Florida, the state's official tourism agency; and
• $65 million towards responding to the state's opioid crisis.

It also expanded funds for the state's Bright Futures college scholarship program, increased K-12 per-student funding, and provided state law enforcement pay raises.

Scott vetoed $64 million in funding, including but not limited to:

• $2.5 million for local projects in South Florida,
• $1.5 million for a study to extend the Suncoast Parkway to the Georgia border, and
• $772,000 for University of South Florida projects, among others.

He reversed a cut of $15 million for Zika research.

In signing the budget, Scott rejected a request from the Florida Association of District School Superintendents to call a special session about education funding. Superintendents said that districts would only see a 47-cent per-student increase because new education funds were allocated for mental health and school safety. A press release from the governor's office highlighted that the budget "invests record funding for K-12 and state universities."

The Florida Legislature approved the $89 billion budget 95 to 12 in the state House and 31 to 5 in the state Senate in a two-day extension of the legislative session on March 11. At the time of its passage, the budget was the largest budget in Florida's history, according to the Miami Herald.

Process

See also: Florida state budget and finances

Florida on

Check out Ballotpedia articles about policy in your state on:

Budgets • Civil liberties • Education • Elections • Energy • Environment • Healthcare • Pensions

The state operates on an annual budget cycle. The sequence of key events in the budget process is as follows:

1. In June or July, the governor sends budget instructions to state agencies.
2. In September or October, agencies submit their budget requests to the governor.
3. Budget hearings are held with the public from October through February.
4. The governor submits his or her proposed budget to the state legislature 30 days before the legislature convenes.
5. The legislature adopts a budget in March, April, or May, effective for the fiscal year beginning on July 1. A simple majority is required to pass a budget.

The governor is statutorily required to submit a balanced budget to the legislature. In turn, the legislature must pass a balanced budget, and any budget signed into law by the governor must be balanced.

Florida is one of 44 states in which the governor has line item veto authority.

Florida budgets three major funds: the General Fund, the Major Special Revenue Fund, and the Special Revenue Fund. Both the Major Special Revenue Fund and the Special Revenue Fund are composed of lesser funds. The Major Special Revenue Fund is composed of three lesser funds, and the Special Revenue Fund is composed of about 19 to 20 lesser funds.

Noteworthy events

School shooting in Parkland, Florida

On February 14, 2018, a former student injured and killed a number of students and staff at Marjory Stoneman Douglas High School. The incident resulted in 17 fatalities and at least a dozen wounded. Law enforcement identified Nikolas Cruz as the gunman and arrested him later that day. Cruz admitted to law enforcement officers that he conducted the shooting using an AR-15 rifle, a semiautomatic weapon. Cruz was charged with 17 counts of first-degree premeditated murder and 17 counts of attempted murder.

After the shooting, President Trump tweeted that "no child, teacher or anyone else should ever feel unsafe in an American school." Gov. Rick Scott (R) called on state and local leaders to act immediately to prevent a similar incident from happening and said of the shooting, "This senseless act of evil is absolutely heart wrenching. Our entire state is in mourning, and we have to make sure something like this never happens again." Broward County Public Schools Superintendent Robert Runcie told reporters, "No parent should ever have to send their kids to school and have them not return. We’ve got to find a way for this to stop."

Students from Marjory Stoneman Douglas High School called on legislators to enact stricter gun measures. On March 9, Gov. Scott signed the Marjory Stoneman Douglas High School Public Safety Act which increased the minimum age to purchase a rifle from 18 to 21, banned bump stocks, appropriated funds for mental health, and allowed law enforcement to train select teachers and school staff to carry firearms, among other provisions.

A month after the shooting, groups of students nationwide walked out of classrooms to show solidarity with victims of the Parkland shooting and to demand gun legislation, including an assault weapons ban, universal background checks, and law enforcement authorization to disarm individuals deemed by a court to be a danger to themselves or others. Some students opted not to participate in the walkout.

Click here for more information about school shootings in the United States.

NRA petitions court to block firearm legislation

The National Rifle Association (NRA) filed a lawsuit in the United States District Court for the Northern District of Florida, petitioning the court for an injunction against Senate Bill 7026, the Marjory Stoneman Douglas High School Public Safety Act, on March 9—the same day Republican Gov. Rick Scott signed the bill into law. The NRA asked the court for "a declaration that Florida's law banning adult, law-abiding citizens under the age of 21 from purchasing firearms of any kind is unconstitutional under the Second and Fourteenth Amendments." A statement from the NRA argued that the ban was particularly harmful to young women.

The lawsuit was filed against Florida Attorney General Pam Bondi and Commissioner of the Florida Department of Law Enforcement Rick Swearingen. In a statement on the attorney general website, Bondi said, "This bill is not perfect, and sadly it will not bring back the 17 lives lost in the horrific school shooting, but the safety of our children is not a political issue—it’s simply the right thing to do."

SB 7026 implemented a number of firearm and public safety-related provisions, including raising the minimum age for purchasing a rifle from 18 to 21. In his remarks before signing the bill, Gov. Scott said the legislation would make schools safer, allow for greater law enforcement presence, provide more mental health funding, and allow law enforcement to seek extreme risk protection orders, which allow officers to prevent individuals deemed by a court to be a danger to themselves or others from accessing firearms.

In April 2018, the NRA filed a motion asking Judge Mark Walker to allow two 19-year-old Florida residents—one male, one female—who joined the case to remain anonymous. The NRA cited case law that allowed plaintiffs to remain anonymous in suits that were "sensitive and highly personal." Regarding the female resident, the NRA said in a statement, "Publication of her identity would expose her to unwanted public attention and censure for exercising her right to challenge a statute denying her a fundamental constitutional right." Lawyers from Attorney General Pam Bondi's office asked the judge to deny the request on the grounds that it was not justified. In May, Judge Walker ruled that the plaintiffs could not remain anonymous and agreed to put the case on hold after the NRA appealed the judge's decision in the United States Court of Appeals for the 11th Circuit. The appellate court agreed to hear the case.

In November 2019, the NRA amended the lawsuit to name a new plaintiff, which removed a stay on the case. In January 2020, Florida Attorney General Ashley B. Moody filed a motion requesting the dismissal of the case.

On May 1, 2020, Judge Mark E. Walker denied the request to dismiss the case, allowing the case to go to trial as scheduled on January 11, 2021. After Walker postponed the trail due to an increase of COVID-19 cases, in June 2021, he dismissed the case.

“After Florida suffered one of the worst school shootings in our nation’s history, its Legislature faced a colossal challenge, forced to make difficult decisions while under tremendous time pressure. This Court does not envy the difficult balance the Legislature had to strike,” Walker wrote. “That said, this Court has grave concerns about the balance the Legislature struck.” He added that “while the Act appears broad on its face, as Defendant argues, many 18-to-20-year-olds who wish to obtain a firearm will be able to do so through parents or other relatives. Whether this is an effective check on rash decision-making, this Court cannot say. But it is clear that this law will have little impact on many, if not most, 18-to-20-year-old Floridians. In short, then, it is not clear how much the Act does to prevent tragedies like the one at Marjory Stoneman Douglas High School.”

The NRA filed a lawsuit appealing Walker's decision on July 8, 2021.

Legislatively referred constitutional amendments

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods by which the Florida Constitution can be amended:

See also: Article XI of the Florida Constitution and Laws governing ballot measures in Florida

The Florida Constitution provides five mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, a state constitutional convention process, and a commission-referral process with two commissions that have the power to refer amendments. Florida requires 60% supermajority vote for voters to approve constitutional amendments.

Article XI of the Florida Constitution provides for amendments to the constitution.

Initiative

See also: Initiated constitutional amendment

An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.

In Florida, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the last presidential election. Proponents must obtain signatures equaling at least 8% of the district-wide vote in the most recent presidential election in at least half (14) of the state's 27 congressional districts. A 60% vote is required for voter approval. In 2006, voters passed an amendment for the 60% vote requirement.

Legislature

See also: Legislatively referred constitutional amendment

A 60% vote is required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 72 votes in the Florida House of Representatives and 24 votes in the Florida State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot. Amendments on the ballot must be approved by 60% of voters to pass.

Convention

See also: Convention-referred constitutional amendment

According to Section 4 of Article XI of the Florida Constitution, a constitutional convention can be called through an initiative petition. Proponents must collect signatures equal to 15% of the total number of votes cast in the last presidential election.

Commission-referred constitutional amendments

See also: Commission-referred ballot measure

According to Article XI of the Florida Constitution, the Florida Constitution Revision Commission can refer constitutional amendments to the ballot. The Constitution Revision Commission convenes every 20 years, beginning in 1977. The Florida Taxation and Budget Reform Commission is also empowered to refer constitutional amendments related to taxation and the state budget to the ballot. The Taxation and Budget Reform Commission convenes every 20 years beginning in 2007. Florida is the only state with commissions empowered to refer constitutional amendments to the ballot.

See also

Elections	Florida State Government	State Legislatures	State Politics
Florida State Senate elections, 2018 Florida State Senate elections, 2016	Florida State Legislature Florida House of Representatives Governor of Florida Florida Supreme Court	State legislative elections, 2018 State legislative elections, 2017 State legislative special elections, 2017 State legislative elections, 2016	State government trifectas State government triplexes State executives State courts Ballot measures

External links

• Florida Legislature

Footnotes

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