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House panel clears bill upping penalties for owners of derelict vessels

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Similar bills in the House and Senate are gaining momentum.

The House Criminal Justice Subcommittee unanimously approved a bill enhancing penalties for boat owners whose vessels go adrift in Florida waters.

The measure (HB 1149), sponsored by Miami Beach Republican Rep. Fabian Basabe, still needs to go before the House Natural Resources and Disasters Subcommittee and House State Affairs Committee for review.

The proposal would require new registrations for long-term anchoring of vessels through the Florida Fish and Wildlife Conservation Commission (FWC). The FWC would also issue no-cost permits for long-term anchoring of vessels. The state could also declare a vessel a “public nuisance” if it becomes derelict after repeated citations within a 24-month period.

The measure also says that boat owners who don’t have a permit will end up with law enforcement “providing penalty for long-term anchoring without a permit.”

The bill has a companion measure going through the Senate. That legislation (SB 164), sponsored by Doral Republican Sen. Ana Maria Rodriguez, has already received preliminary approval by the Senate Appropriations Committee on Agriculture, Environment and General Government. The measure still has to go before the Senate Fiscal Policy Committee.

The bill also takes aim at boat owners who fail to round up their vessels after they go adrift during storms or natural disasters. The FWC issued multiple advisories about derelict vessels in the Fall of 2024 in the wake of hurricanes.

Derelict vessels have long been the bane of many local waterways. Along the Intracoastal Waterway or any one of hundreds of tributaries that run through the state, errant boats can go adrift and be found aground.

Some municipalities have already taken matters into their own hands. Indian River County, for instance, has a derelict vessel removal program that partners with the FWC to get those boats out of the way and allows residents to report such disabled watercraft.

And municipalities within that county have gotten increasingly aggressive about removing derelict boats, in cities such as Vero Beach and Indian River Shores.


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Bill to change IOTA program, cut funding for legal aid is wrong path forward

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As the founder of three Florida-based banks, I understand the importance of keeping costs low and protecting margins. That’s why some of my banking and finance colleagues consider my opposition to a proposed new, lower cap on interest rates paid on attorney IOTA accounts a betrayal.

However, the banking relationships earned through these accounts are immeasurably beneficial, regardless of any potential claims of slim margins.

The Florida Legislature is considering a bill to cap the interest paid on lawyer trust accounts that help provide legal services for low-income Floridians. I believe that would be the wrong approach.

In 2023, the Florida Supreme Court amended the rule requiring lawyers to ensure banks provide heightened interest rates on their trust accounts compared to other accounts. The interest paid on these accounts were directed to pay for legal representation for individuals who couldn’t afford an attorney.

This was both effective and right. It increased funding for legal aid across the state to help further meet the overwhelming need.

Unsurprisingly, bankers, who wrongly believe it will cost them, are now lobbying for a reversal. The truth is, very few banks hold much in lawyer trust accounts.

The IOTA rate in its current form should not run healthy banks out of business. If a bank’s day-to-day cash acquisitions are majorly impacted by IOTA interest, then the bank is not on healthy financial footing. On any given day, banks operate on the assumption that we must be prepared to pay out to all customers at once. Consequently, IOTA accounts are not a substantial part of banks’ interest-earning potential.

To be clear, it is not mandatory for banks to maintain IOTA accounts. We do so because IOTA accounts make banks substantial money from the accounts, even at the current level dictated by the amended Supreme Court rule. That may be one reason more banks have joined to service IOTA accounts after the 2023 rule amendment.

Regardless, it is the right thing to do. The resources generated for legal aid by the interest paid on IOTA accounts are critical to protecting Floridians’ right to due process, and the Florida Legislature should act to protect it.

___

Ken LaRoe is the founder and CEO of Climate First Bancorp.


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Senate gives thumbs up to tougher hemp restrictions

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The bipartisan legislation adds would add new regulation and enforcement to the industry.

A Senate bill approved on the floor Wednesday would increase regulation for hemp products and provide funds for the state to buy testing hemp-detecting gear.

The bill (SB 438), which passed unanimously, would provide that a “marijuana testing laboratory may acquire hemp and hemp extract only from certain businesses.” It would also revise requirements for the sale and distribution of hemp extract and ban businesses and food establishments from possessing hemp or hemp extract products deemed “attractive to children.”

The measure would also earmark $2 million in state funds for state law enforcement equipment that could detect products with hemp in them during traffic stops.

“The bill says that you can have a beverage in a can, bottle or whatever up to 5% hemp. If it’s greater than that, it’s no longer hemp; it’s marijuana,” said the bill’s co-sponsor, Winter Haven Republican Sen. Colleen Burton.

She added that hemp products have largely gotten a pass in Florida since medicinal marijuana was legalized in 2017. But hemp is sometimes just as psychoactively potent, she said, and people who overuse the products have sometimes died.

Burton’s co-sponsor on the bill, Jacksonville Democratic Sen. Tracie Davis, said the proliferation of hemp in Florida is out of control, and it’s time to reel it in.

“We’re going to create that regulatory framework,” she said. “Lawmakers of this state that have regulated the medical marijuana industry, it is time to regulate the hemp industry.”

SB 438’s House companion (HB 1597) is nearly identical and is to be heard next by the Housing, Agriculture & Tourism Subcommittee.

There are nearly a half-dozen other measures in the Legislature this Session calling for increased restrictions on Florida’s hemp industry.

SB 438 follows increased regulations instituted by the Florida Department of Agriculture and Consumer Services in March that limit marketing campaigns for hemp products and could punish hemp companies that market to children.


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AHCA calls Hope Florida questioning ‘a complete ambush’

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A heated exchange at a budget hearing has the Agency for Health Care Administration (AHCA) firing back at Rep. Alex Andrade.

At a House Health Care Budget Committee meeting Wednesday, Andrade, a Pensacola Republican, questioned how the Hope Florida initiative received $10 million in a settlement between a Medicaid managed care operator and the state.

That included an intense back-and-forth for over an hour. After the meeting, AHCA issued a statement intensely critical of Andrade, and AHCA Secretary Shevaun Harris posted a video alongside other agency heads in Gov. Ron DeSantis’ administration attacking the lawmaker.

“It’s concerning how little Representative Andrade understands about Medicaid, as demonstrated in his performative committee hearing today,” said AHCA spokesperson Mallory McManus. “He also purposefully misconstrued the structure and nature of the Hope Florida program, which is shameful. AHCA is proud of our work serving Floridians, particularly in helping people reduce government dependency and achieving economic self-sufficiency.”

Importantly, the agency has been a project championed by First Lady Casey DeSantis, who continues to mull a run for Governor in 2026 when her husband cannot seek re-election due to term limits.

Andrade has questioned claims that Hope Florida brought 30,000 Floridians off welfare, a number similar to that of individuals dropped from Medicaid.

He said the attacks on his questions attempt to dodge legislative oversight.

“Given the demonstrable incompetence exhibited by representatives of AHCA today, I’ll take this bizarre public statement as a badge of honor,” Andrade posted after AHCA issued its statement.

Harris in an online video called questions from lawmakers “a complete ambush.”

“It was clear that it was an ambush, an attack, on Hope Florida, a model and philosophy that was founded in 2021 and designed specifically to help Floridians,” Harris said. “It’s a shame that the good stories, the positive impact that the model has been able to do in our state, was discounted and instead focused on smear attacks and conflating the facts.”

Department of Children and Families Secretary Taylor Hatch echoed the concern.

“We have been able to serve 30,000 Floridians that have seen a reduction or a total removal of chronic dependency of benefits that has resulted in $100 million of savings by going outside of the four walls of government,” she said.

Education Secretary Manny Diaz Jr. and Juvenile Justice Secretary Eric Hall also cheered the program and called the House questions a “shameful approach.”

Andrade compared the online comments to a “hostage video.”

“My heart goes out to these public servants who’ve been put in a position to defend the terrible financial mismanagement of others in the Gov. Ron DeSantis administration,” he posted.

The exchange of words highlighted the tension between the House under Speaker Daniel Perez’s leadership and DeSantis, who in the first six years of his tenure largely saw the Legislature advance his agenda with little questioning.

The same committee has drawn attention to AHCA’s request for $160 million to pay for a Medicaid disallowance, money already given to the agency in 2023 for that purpose but which the agency spent elsewhere.


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