In the entire 2018 Legislature, only 13 lawmakers objected to HB 1013, the daylight savings time bill.
HB 1013 is the one that expresses a future intent of the Legislature to act IF Congress acts on DST: “If the United States Congress amends 15 U.S.C. s. 260a to authorize states to observe daylight savings time year-round, it is the intent of the Legislature that daylight savings time shall be the year-round standard time of the entire state."
Most Floridians don't know what that means exactly -- in spite of its impressive landslide approval. For a start, read the full text of the bill here.
Luckily, to help bring members and their employees up to date, the folks at the Florida Chamber of Commerce put their policy director Christopher Emmanuel on it. And here's how Emmanuel unravels it:
First -- and this is your most important takeaway -- clock changes are a long way off. Probably a very long way off. Neither the Florida Legislature nor the governor have the authority to change the state’s participation in DST without changes in federal law. In other words, don't hold your breath for this one.
HB 1013 has an effective date of July 1, 2018, true. But according to the memo Emmanuel drew up for Chamber members, even after that effective date, there will be no changes to time zones or required actions by the state of Florida. "The bill does not authorize or mandate any actions by the governor or other public officials. The 2018 Legislature merely had their intent codified in law."
Second, even if Congress does give its consent to states observing daylight savings time if they wish, HB 1013 doesn't bind future legislatures to act.
A legislature "may not bind the hands of future legislatures." Neu v. Miami Herald Pub. Co., 462 So. 2d 821, 824 (Fla. 1985). See also Straughn v. Camp, 293 So. 2d 689, 694 (Fla. 1974). "This law clearly expresses the future intent of the Legislature to act under particular circumstances," writes Emmanuel. "If those circumstances ever arise, then a future legislative body is free to ignore this statute."
But the Chamber's policy man cautions us to keep an eye on recent federal legislation -- in particular, two federal bills that warrant paying close attention to: H.R. 5279, sponsored by Florida Rep. Vern Buchanan, and its companion S. 2537, sponsored by Sen. Marco Rubio seek to make daylight savings time permanent across the country.
H.R. 5278 and S. 2536, with the same sponsors respectively, seek to exempt Florida from the nation’s DST program. Both H.R. 5278 and S. 2536 were filed the week of March 12, 2018. Both bills have yet to be scheduled or heard in committee, says Emmanuel.
From here, he supposes four possible options:
- Congress does not act and the status quo remains. This is the most likely option given the tone and tenor in Washington, D.C.
- Congress passes the first bill (H.R. 5279 or S. 2537) without amendment, in which case the entire United States would no longer observe DST and state action is preempted. While this is unlikely, the legislation would then move to President Trump for his signature.
- Congress passes the second bill (H.R. 3278 or S. 2536), in which case the entire state of Florida would be exempted from DST and state action is preempted. While this is unlikely, the legislation would then move to President Trump for his signature.
- One of the measures passes with an amendment, which would likely require state action by the Florida Legislature and a future governor.
The Florida Chamber has asked its members for more feedback.
While there was virtually no opposition to this year’s Daylight Savings Time legislation -- the bill passed 103-11 in the House and 33-2 in the Senate -- "broadcasters and certain contractors have expressed disapproval" ever since, the Chamber says. "Some tourism and retail businesses have indicated support for the concept. Since this concept could potentially come back around to the Legislature and governor after congressional action, members' opinions on how the proposal could impact Florida's economy are important, Emmanuel claims. He asks for feedback by contacting him at cemmanuel@flchamber.com or at 850-521-1242.
Reach Nancy Smith at nsmith@sunshinestatenews.com or at 228-282-2423. Twitter: @NancyLBSmith
