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Governor Vetoes Five Bills and Signs Another Thirty-Three Into Law

Governor signs.jfif
Photo courtesy The Florida Channel via News4Jax
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Tallahassee - Friday June 24, 2022: Governor Ron DeSantis vetoed five bills and signed another thirty-three into law on Friday.

FIVE BILLS VETOED:

1. SB 406 – Secured Transactions:
By the authority vested in me as Governor of the State of Florida, under the provisions of Article III, Section 8, of the Constitution of Florida, I do hereby veto and transmit my objection to Senate Bill 406 (SB 406), enacted during the 124th Session of the Legislature of Florida, during the Regular Session of 2022 and entitled: An act related to Secure Transactions.

If SB 406 were to become law and be given retroactive effect as the Legislature intends, it would unconstitutionally impair certain vested rights and contracts. See art. I,§§ 9, 10, Fla. Const. While the prospective policy reforms are sound this does not cure the legal infirmities of the legislation.

For this reason, I withhold my approval of Senate Bill 406 and do hereby veto the same.

2. CS/SB 620 – Local Business Protection Act:
By the authority vested in me as Governor of the State of Florida, under the provisions of Article III, Section 8, of the Constitution of Florida, I do hereby veto and transmit my objections to Committee Substitute for Senate Bill 620 (CS/SB 620), enacted during the 124nd Session of the Legislature of Florida, during the Regular Session of 2022 and entitled: An act relating to the Local Business Protection Act.

CS/SB 620 authorizes private, for-profit businesses to claim damages from a county or municipality if the county or municipality enacts or amends certain non-exempt ordinances or charter provisions that have the effect of reducing profits beyond the designated threshold.

Local governments do overstep their authority and unreasonably burden businesses through policies that range from the merely misguided to the politically motivated. Indeed, this was illustrated by the bizarre and draconian measures adopted by some local governments during COVID-19, necessitating the state to overrule these edicts to protect freedom and opportunity for Floridians. Incredibly, this bill exempts compensating businesses due to "emergency" orders of local government. However, the broad and ambiguous language of the bill will lead to both unintended and unforeseen consequences and costly litigation.

Because of this, the better approach a is way to enact that targeted pre-emption legislation when local governments act in a way that frustrates state policy and/or undermines local the rights Floridians.

For the reasons stated above, I withhold veto my approval of CS/SB 620 and do hereby veto the same.

3. CS/SB 1260 – Independent Hospital Districts:
By the authority vested in me as Governor of the State of Florida, under the provisions of Article Ill, Section 8, of the Constitution of Florida, I do hereby veto and transmit my objection to Committee Substitute Senate Bill 1260 (CS/SB 1260), enacted during the 124th Session of the Legislature of Florida, during the Regular Session of 2022 and entitled: An act relating to Independent Hospital Districts.

As Governor, I have approved local legislation for independent hospital districts. CS/SB 1260 intends to solve a priority of one independent hospital district through broad statewide policy changes, rather than through the local bill process. Florida's public hospitals serve our medically indigent population and support the state share of the low-income pool. Under these circumstances, each policy change to the governance structure of our independent hospital districts should be reviewed on a district-by-district basis.

or this reason, I withhold my approval of CS/SB 1260 and do hereby veto the same.

4. CS/CS/SB 1382 – Tax Administration:
By the authority vested in me as Governor of the State of Florida, under the provisions of Article III, Section 8, of the Constitution of Florida, I do hereby veto and transmit my objection to Committee Substitute for Committee Substitute for Senate Bill 1382 (CS/CS/SB 1382), enacted during the 124th Session of the Legislature of Florida, during the Regular Session of 2022 and entitled: An act relating to tax administration.

I appreciate the Department of Revenue and their efforts to protect the rights of taxpayers, and I understand the problem this bill seeks to address. Some of the provisions within the bill are already authorized in law, and I fully expect the Department to faithfully enforce those laws against anyone who would violate our tax code.

However, I have concerns that this bill may subject small businesses to additional administrative processes that could prove challenging in a year where the Biden Administration's policies have led to record inflation and economic turmoil.

For this reason, I withhold my approval CS/CS/SB 1382 and do hereby veto the same.

5. CS/CS/SB 1796 – Dissolution of Marriage:
By the authority vested in me as Governor of the State of Florida, under the provisions of Article III, Section 8, of the Constitution of Florida, I do hereby veto and transmit my objection to Committee Substitute for Committee Substitute for Senate Bill 1796 (CS/CS/SB 1796), enacted during the 124th Session of the Legislature of Florida, during the Regular Session of 2022 and entitled: An act relating to Dissolution of Marriage.

If CS/CS/SB 1796 were to become law and be given retroactive effect as the Legislature intends, it would unconstitutionally impair vested rights under certain preexisting marital settlement agreements. See art. I, § 10, Fla. Const.

For this reason, I withhold my approval of CS/CS/SB 1796 and do hereby veto the same.

THIRTY-THREE BILLS SIGNED INTO LAW

READ the Senate Transmittal Letters here

READ the House Transmittal Letters here

• SB 144 – Identification Cards

• SB 156 – Loss Run Statements

• CS/SB 254 – Religious Institutions

• SB 288 – Electronic Dissemination of Commercial Recordings and Audiovisual Works

• CS/SB 1190 – Two-Way Radio Communication Enhancement Systems

• CS/CS/SB 1304 – Public Records

• CS/CS/SB 1798 – Sexually Related Offenses

• CS/HB 105 – Regulation of Smoking by Counties and Municipalities

• HB 535 – Barefoot Bay Recreation District, Brevard County

• CS/HB 651 – Navarre Beach Fire Rescue District, Santa Rosa County

• CS/CS/HB 777 – Local Tax Referenda Requirements

• HB 895 – Lakewood Ranch Stewardship District, Manatee and Sarasota Counties

• CS/CS/CS/HB 965 – Environmental Management

• CS/HB 995 – Sumter County

• HB 1045 – West Villages Improvement District, Sarasota County

• CS/CS/HB 1057 – Evidence of Vendor Financial Stability

• HB 1105 – Lake County Water District, Lake County

• HB 1119 – Grandparent Visitation Rights

• HB 1161 – Manatee County

• CS/HB 1231 – East Lake Tarpon Community, Pinellas County

• CS/CS/CS/HB 1349 – Guardianship Data Transparency

• HB 1423 – City of Edgewood, Orange County

• CS/HB 1427 – Hillsborough County Aviation Authority

• HB 1469 -Transportation Facility Designations

• CS/HB 1491 – Alligator Point Water Resources District, Franklin County

• CS/HB 1495 – Immokalee Water and Sewer District, Collier County

• CS/HB 1499 – City of Key West, Monroe County

• CS/CS/HB 1563 – Homestead Property Tax Exemptions for Classroom Teachers, Law Enforcement Officers, Firefighters, Emergency Medical Technicians, Paramedics, Child Welfare Professionals, and Servicemembers

• HB 1581 – Jackson County Sheriff’s Office

• CS/HB 1583 – Emerald Coast Utilities Authority, Escambia County

• CS/HB 7055 – Cybersecurity

• CS/HB 7057 – Public Records and Public Meetings

The Governor vetoed the following bills today:

• SB 406 – Secured Transactions

• CS/SB 620 – Local Business Protection Act

• CS/SB 1260 – Independent Hospital Districts

• CS/CS/SB 1382 – Tax Administration

• CS/CS/SB 1796 – Dissolution of Marriage

To read the transmittal letters, click here and here.

To read the veto letters, click here, here, here, here and here.