Legislative Update 2025 Session, Week 9
2025 Session
The Regular Session began March 4 and on Friday, May 2 (usually the 60th and last day of Session), the Legislature adjourned needing overtime to finish a budget. Lawmakers extended the session and plan to return to the Capitol during the week of May 12 to go back to work on hammering out details of the spending plan for the coming fiscal year. While there is a broad consensus on the top line numbers for the budget, and a plan for $2.8 billion in tax cuts, including a permanent $1.6 billion reduction in the sales tax, conference committees will still need to meet to work out detailed differences between the Senate and House spending plans. Once the Legislature passes the budget, it will go to Gov. Ron DeSantis, who has line-item veto power.
Here are the bills we have been following and their status.
Self-Storage Unit Notice Bills
Senate bill 386 (Sen. Harrell, R. Stuart) allows replacement of newspaper notice of self-storage unit liens with notice on a “public website that customarily conducts or advertises personal property auctions.” The Senate bill has been referenced to the following committees: Judiciary (Clay Yarborough), Regulated Industries (Jennifer Bradley), and Rules (Kathleen Passidomo).
The recently filed House bill 587 (Rep. Smith, R. Winter Springs) is assigned to the following committees: Civil Justice Sub. (Traci Koster), Industries & Professional Activities Sub. (Mike Giallombardo); and Judiciary Comm. (Chuck Brannan).
STATUS: We provided compromise language to the self-storage association, which was rejected. The Senate bill passed the Judiciary Committee on a unanimous vote and is now in Regulated Industries, which is not meeting again. The House bill passed its first committee and is now in the Commerce Committee, which is not meeting again.
Take-Down Defamation Bills
These bills require newspapers and broadcasters to remove articles or statements from the internet or face penalties. HB 687 by Rep. Grow (R. Inverness) (Civil Justice and Judiciary committee references) and SB 752 by Sen. Simon (R. Quincy) (referred to Judiciary; Commerce and Tourism; Rules).
Section 1 says in addition to a newspaper or broadcaster publishing a retraction of a statements published based on an honest mistake of fact to avoid punitive damages, the bill adds that it must be “permanently removed” from the newspaper’s website.
In response, we are arguing that the correction should be appended to the story and published on-line as opposed to total removal.
Section 2 states that a newspaper or broadcaster must remove statements from the publisher’s website if notified that the statement has been “found in a judicial proceeding to be false” or “receives notice of facts that would cause a reasonable person to conclude that such statement was false.” Failure to remove the statement after such notice extends the statute of limitations and removes the fair reporting privilege
Section 2 is unconstitutional in that it requires deletion of truthful protected speech. For example, the fact that an arrest report is later expunged, or the individual is acquitted, does not nullify or falsify the previous truthful and accurate reporting on the arrest. Further, the reasonable person language is extremely vague and will spawn litigation.
STATUS: Senate bill passed out of Judiciary Committee with 8-2 vote where several R Senators and 1 D Senator voiced support for take-down and advanced “right to be forgotten” arguments even at the expense of government regulation of protected speech. The bill also passed the Commerce Committee in a 6-2 vote and is now in the Rules Committee chaired by Sen. Passidomo. The House bill was heard by the Civil Justice Subcommittee and passed unanimously. The bill is now in the Judiciary Committee, but the committee is not meeting again.
Marsy’s Law HB 1129 by Rep. Weinberger; SB 1266 by Sen. Gruters
As previously reported, the Florida Supreme Court issued its opinion in the City of Tallahassee police identity case finding that Marsy’s Law does not protect identification of law enforcement officers who claim to be victims. Furthermore, it does not protect id of victims’ names in general. The opinion is the best development since enactment of ML’s language about protecting victim names. Bills were filed (like last session) to reverse the above court decision regarding law enforcement officer identities. The bills create a “temporary” 72-hour exemption on release of law enforcement officer names involved in “use of force.” The kicker is the law permits commanding officers to extend that period, seemingly indefinitely, should they determine is “necessary” to do so.
STATUS: The Senate bill failed to pass by the required supermajority and the House bill currently is not moving.
Election Notices HB 1381 by Rep. Persons-Mulicka (R. Fort Myers); SB 1414 Sen. Ingoglia (R. Spring Hill)
These bills contain several provisions regarding newspaper notice of election activities. The bills (ss. 26, 35, 51) allow sample ballots and canvassing board actions (automated vote audits and manual reviews) to be published by the supervisor in a newspaper of general circulation; or the supervisor’s website; or on the county’s website as provided in s. 50.0311.
STATUS: The House bill passed its first committee and is now in the State Affairs Committee. The Senate bill and related bills with similar language have not moved.