2021 Regular Session Summary

The Florida Legislature finished their work on time wrapping up the 2021 Regular Session just after 2:30 pm on March 3rd after completing the constitutionally mandated requirement of passing a balanced budget. The upcoming fiscal year's budget ballooned from $92.2 billion to over $101 billion because of roughly an injection of $6.6 billion in federal funds from the American Rescue Plan directed to infrastructure spending needs resulting from COVID-19.

Leaders agreed to spend $1 billion for an emergency preparedness and response fund and to place $350 million into the state's reserve fund.

Because of COVID-19, public access to the capitol was largely prohibited by the Legislature, forcing interested parties to view committee meetings and floor debate remotely, or providing input via live video feed. In-person meetings with Senators were also prohibited, while the House discouraged but allowed limited interaction with members. Restrictions were lifted for the Gambling Compact Special Session which began on May 17th .

Governor DeSantis and Republican leaders pursued various changes in law to address perceived concerns related to COVID liability and local government restrictions, last summer's civil unrest related to the George Floyd murder, and election outcomes. Tougher anti-rioting legislation, stricter voting requirements, preempting a 2020 vote by Key West residents restricting cruise ship operations, and a ban on transgender athletes competing in high school and college women's sports were some of the contentious pieces of legislation passed by the Republican controlled Legislature.

These measures were priorities of the Governor as a result of civic unrest earlier this year and perceptions of national election difficulties not in Florida, but other states. The Governor also sought and was successful in passage of SB 7072 Social Media which creates fines and authorizes legal remedies for individuals and candidates to pursue if they are 'de-platformed" or removed from social media platforms. The legislation will most likely be challenged in court once signed by Governor DeSantis.

Gambling Compact Special Session

A late development emerged during this Regular Session in the on-again off-again negotiations between the State and the Seminole Tribe related to a Gaming Compact. The Governor and Seminole Tribe of Florida reached an agreement on gambling activities and state revenue sharing. Under the agreement, the state will be guaranteed $500 million annually for five years while providing the Seminoles with exclusive control over online sports betting in the state and allowing pari-mutuels to continue card games without expansion. The agreement required approval by the Legislature. The three day Special Session on the Compact began on May 17th specific to the issue of the gaming compact and related, generated revenue.

Lawsuits against the compact and ratifying legislation are likely to be filed, as opponents line up to challenge the gambling compact on various grounds. These potential challenges include the constitutional amendment adopted in 2018 that requires statewide voter approval for the expansion of gambling. Other likely challenges include objections to the statewide online sports betting monopoly granted to the Tribe, as it would be the first gaming compact to authorize online gaming from outside Indian lands in a state that does not already allow sports betting On the following pages you will find summaries of major legislation that passed this Session. Please do not hesitate to contact our Government Affairs team at (850-681-0411) with any questions regarding information included in this report, or visit us at www.bipc.com or on our Florida Government Relations Blog.

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