
Florida’s New Rules Preempting Local Heat Protections
5/24/2024 | 26m 46sVideo has Closed Captions
A law blocking local heat protections for workers comes into effect in Florida in July.
New rules barring local governments from implementing heat protections for workers, beyond existing state and federal regulations, come into force in Florida this summer. NewsNight looks at what the incoming legislation will mean for employees, and why some businesses support the restrictions.
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NewsNight is a local public television program presented by WUCF

Florida’s New Rules Preempting Local Heat Protections
5/24/2024 | 26m 46sVideo has Closed Captions
New rules barring local governments from implementing heat protections for workers, beyond existing state and federal regulations, come into force in Florida this summer. NewsNight looks at what the incoming legislation will mean for employees, and why some businesses support the restrictions.
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Learn Moreabout PBS online sponsorship>>This week on NewsNight, a look at new rules barring local government heat protections for workers in Florida.
Plus, how much will it eventually cost to construct the shared Sunshine Corridor?
The state releases new estimates.
NewsNight starts now.
[MUSIC] Hello, I'm Steve Mort, and welcome to NewsNight where we take an in-depth look at the top stories and issues in central Florida and how they affect all of us.
First tonight, the debate over heat protections for workers in Florida.
A recent study by the Workers Compensation Research Institute finds, quote, strong and robust evidence that excessive heat increases the frequency of injuries.
The findings come after Governor Ron DeSantis signed into law a bill that preempts local heat exposure protections for workers.
It also prevents local governments from imposing wage requirements on contractors.
More than 90 organizations signed a letter calling on the governor to veto the bill.
Well my colleague Krystel Knowles has been looking into the issue and joins me now, Krystel.
>>Thanks, Steve.
Well, it's worth mentioning that House Bill 433, the heat portion of that bill came about in Miami-Dade County after the county was considering requiring construction companies and agricultural businesses to provide water and more breaks when the temperatures reach 95 degrees or higher outside.
This week, I spoke with both sides of the debate and here's what they had to say.
The Sunshine State is best known for its orange groves and year round beach weather.
But its never ending sunshine can be deadly, especially for those who work outside.
Ernesto Ruiz from the Farm Worker Association of Florida explains that in the agriculture business, taking breaks can lead to lower income for farm workers.
>>Oftentimes, these workers are paid on a piece rate basis, meaning they're paid based on how much they produce.
So there is a disincentive against taking breaks.
And the workers tell us this.
They're like no I don't want to take a break because they want to make more money.
>>Parts of Florida are continuing to experience record heat for this time of year.
And Bureau of Labor Statistics figures show heat related deaths for field workers are becoming more prevalent.
Almost 100 workers die between 202 and 2021.
>>Our legislator, our governor, previously passed heat related protections for student athletes because two high school athletes died tragically, they shouldn't have.
So they understand the physiology.
They understand the risk.
What they don't seem to share is the the ability to humanize different populations.
>>The nonprofit Workers Compensation Research Institute recently released a study looking at how temperatures affect the number of work related injuries amongst construction workers, landscapers, pavers and others exposed to the baking heat.
Ramona Tanabe is the institute's president.
>>What we found was that the data showed an increase in the probability of work-related injuries of about 5 to 6% when the maximum daily temperature was above 90 degrees compared to a day where it was between 65 and 70 degrees.
Not only direct injuries that you think of when you have excessive heat, like fainting from heat or heat exhaustion or heat cramps.
But it was also indirect injuries where the heat has an effect on motor skills, perceptual skills and cognitive abilities.
>>But supporters of Florida's law preempting local heat protections, say it's in the best interests of businesses to keep their employees safe.
The bill's co-sponsor, Fort Myers, Republican State Representative Tiffany Esposito, says adding government requirements is unnecessary.
>>It really came from hearing concerns from the business community and from business leaders throughout the state about local mandates.
And we wanted to make sure that we passed a bill to ensure worker safety, uphold federal OSHA standards and really stop the redundant regulations that drive up costs for consumers.
My husband works construction.
He's worked construction for nearly 20 years.
So this is something that is near and dear to me.
And that I've had personal experience with my family.
>>Esposito says since the country is dealing with higher than normal costs of everyday items, including produce, any new regulations would create a negative financial ripple effect.
>>The safety of Florida's workers is our top priority.
And this bill strikes a balance between upholding worker safety and giving businesses the ability to operate successfully without the threat of redundant red tape that drives up the cost for consumers.
>>Krystel Knowles reporting there.
Well, let's bring in our panel now to break it all down.
Joining us in the studio this week, Matthew Petty, host of Florida Matters on WUSF.
Thanks for coming back to the show, Matt.
Good to see you.
Beth Kassab, editor of the Winter Park Voice, thanks for coming on Beth.
>>Thanks for having me.
>>Always a pleasure to see you.
And Talia Blake, Morning Edition host Central Florida Public Media.
Thanks for being here as well, Talia.
Good to see all of you today.
Matt, let me start with you on this one.
Your program, Florida Matters recently delved into this this issue in depth.
Tell us a bit more about what this legislation bans local governments from doing.
>>Yes, basically, it restricts local governments from putting in any more rules other than what's already in place at the state and federal level.
So things like water breaks, shade breaks, training for for workers, things to kind of make sure that they aren't getting heat exhaustion.
They're just local governments aren't allowed to mandate any of that.
>>I mean, the genesis for this was in response to a push in Miami-Dade County, right, for historic heat protection.
What have commissioners there been debating?
>>They were looking at some of those rest breaks, water breaks.
They were looking at having areas of shade.
And on top of that, violations and penalties or penalties for people who violate this law.
So they were looking at doing it at the local level.
>>And Miami-Dade has a huge number of outdoor workers, both in construction, of course, in agriculture as well.
Representative Esposito, Beth, told Krystel that employers can follow those sort of federal OSHA standards.
But the federal government kind of lacks specific heat rules for workers.
Does this sort of leave a lot of people without protections, at least for now?
>>For now.
Yes.
The OSHA rules that are in place right now do lack specificity, like you said.
And also they have found to be really hard to enforce.
So OSHA is working on broader and more encompassing guidelines, at least that's the signals that we've seen.
And that is happening now.
But the timeline is unclear.
So, yes, without local regulations for now, there's there's not much to enforce.
>>Talia you covered the economy, right?
I mean, what are the opponents of heat protection saying?
Why do they think it's not necessary to have those kinds of protections in place?
>>Well, at the local level, they're kind of saying like, what's the point if there are already federal protections?
OSHA already has federal guidelines for work related issues, including heat, heat risk.
So they're kind of like it's a little redundant for us to write it down at the local level as well.
>>Your colleague, Jessica Meszaros, Matt, has discussed this issue with workers themselves that work in the heat.
What have you been hearing from them about that perspective?
>>Well, I mean, they're a bit concerned about this bill because one of the things like she talked to a Sarasota area agricultural worker, Lisa Lopez, and she was saying that essentially, you know, it's it's really hot.
You have to layer up against the kind of chemicals that you're working with if you're an agricultural worker and probably other kinds of outdoor work as well.
So it's already quite kind of onerous having to have all these layers on you working out in the heat.
And the other thing she pointed out was like, they're not salaried, so there's a disincentive for them to take breaks.
If they're taking a break, they're not getting paid and one of the things that she said was she's concerned that this law will make it harder for them to get access to medical care if there is a heat emergency, because in her case, this particular worker's case, the nearest clinic was about 30 minutes away.
And that, you know, she and other workers are kind of concerned about the access to medical care on top of everything else.
>>That's an interesting point and also an interesting point about the way that pay is structured and something we heard that from the Farm Worker Association.
Beth I mean, is Florida an outlier here or are there other states that are following suit or doing a similar thing?
>>So Texas is, you know, frequently a comparison point to Florida when it comes to regulations like this.
And that's the case here with heat regulations as well.
There are states that have taken a different point of view and have enacted regulations, primarily states out west, Colorado, California is looking at strengthening their regulation.
>>Where there are also a lot of workers working in the heat.
>>Correct.
A lot of, again, agriculture.
And so but I should point out, it's it's not just agriculture.
Even in airports, people handling baggage, people working behind the scenes, those folks are often reporting difficult heat conditions as well.
I think it's important to point out, too, in a state like Florida, you have not just a lot of outdoor workers, which is certainly the case year round, but also people in some indoor conditions where there's there's just not a lot of ventilation-- >>Packing houses.
>>Right.
Packing houses.
So indoor conditions too where, because of the outdoor heat, they're even worse because maybe not a lot of AC or any AC and not a lot of ventilation.
>>And of course, we continue to experience record heat here in Florida.
So it's an issue that's not going away.
You can find a link to OSHA's proposed heat protections that Beth referred to as well as HB 433, preempting local rules in Florida on our website wucf.org/newsnight.
Before we move on, we wanted to mention an important vote this week that affects our region.
A state task force chaired by Orlando State Senator Democrat Geraldine Thompson on Tuesday voted 5 to 4 to recommend St. Augustine over Eatonville as the site for a new Florida Black History museum.
Now Talia your colleague Danielle Prieur has been covering Eatonville pretty extensively.
Why did advocates for St. Augustine say it was a better choice than Eatonville, which, after all, is the oldest incorporated African-American municipality in the United States?
>>Yeah.
So they were citing kind of historical significance in black history.
So they were talking about an early free black settlement that was at Fort Mosey.
And then they were saying that, you know, there's some other studies that they can do kind of looking into it.
But and I'm sure we're going to get into this.
There was a lot of controversy around the ratings for why it was ranked so high.
So, yeah, some people are finding it a little disappointing.
But the chosen pick right now is looking like St. Augustine.
>>St.
Augustine, at least as far as the task force is concerned.
Well Beth what about the politics?
I mean, Geraldine Thompson said that this task force made a political rather than a pragmatic decision.
What's she talking about there?
I mean, were there politics at play?
>>Sure.
If you look at the makeup of this committee, there were some key people with big constituencies in Jacksonville and Saint Augustine.
And when you consider, you know, this is a political issue.
Even the governor, Ron DeSantis, himself, calls Jacksonville home.
So, so does the House speaker.
And as Talia mentioned, when it came to the rankings, Jacksonville was given basically a perfect score by one of the members, whereas Eatonville was given, I believe, the lowest score.
>>A lot of hits on it.
>>And some of the folks from Orlando are saying, hey, listen, you know, it's just common sense.
We already get an enormous number of visitors.
Eatonville is clearly a leader when it comes to history.
When you compare to some of these other sites, even St. Augustine.
And so they're saying, you know, common sense should win out.
But, yes, we are hearing that politics may have won the day there.
>>And Geraldine Thompson saying that, you know, this is not necessarily the final word on this.
The legislature gets to decide in the end.
>>Yeah.
I mean, the legislature will weigh in.
So I guess, you know, we'll see how those politics play out.
Just to kind of add to some of those other things, I mean, not only is Eatonville, you know, close to Orlando Tourism Hub, it's close to the Orlando International Airport, I-4, and there's that site there, too, the ten acre Hungerford school site, which, you know, backers of Eatonville say, look, this is basically shovel ready, as they say.
We could put something here, you know, if we wanted to.
So it's a good make sense to put it here rather than say-- >>Yeah that has been something that a lot of people in the town have been pushing for, to use that that Hungerford land-- >>And it would be cost effective because the school board, I believe, has already agreed to allow the site to be used, whereas.
Yes, whereas in I believe St. Augustine, there would be a lease and some costs involved.
>>It'll be really interesting to see what happens with that going forward.
We'll be discussing this issue next week as well.
So we'd like to hear from you on what you think of the vote by the task force.
Be sure to join the conversation on social media at WUCFTV on Facebook, X, and also on Instagram.
Okay.
Next tonight, new projections for the eventual cost of the Sunshine Corridor to take SunRail trains east and west.
Expanding SunRail to the airport has long been a goal for regional leaders.
Now, in a report released last month, the Florida Department of Transportation unveiled what it sees as the likely cost of more extensive work of building a line between the airport and Disney World, shared by the commuter service SunRail and Intercity Brightline trains.
FDOT it says the corridor is likely to cost in the region of $4 billion, with an interchange station between Brightline and north-south SunRail trains plus stations at the Orange County Convention Center, South I-Drive and possibly Disney Springs.
Early steps are already being taken to develop a convention center stop.
Universal part of the right rail coalition of businesses pushing for a wider mass transit plan for the region has pledged land for a station there.
The company recently purchased a 62 acre parcel close to the convention center.
In October, Orange County approved a community development district designed to advance the Sunshine Corridor.
The Sunshine Corridor proposal will form the connection for future Brightline services traveling from OIA to Tampa.
Brightline had originally planned to run trains along State Road 417 and then I-4 to Tampa.
But the intervention of International Drive businesses led to a change of plans and Disney's decision to ditch a proposed Brightline stop at Disney Springs.
Now, according to reporting in the Orlando Business Journal, the theme park giant says it's open to a SunRail station at Disney Springs.
But with Lynx set to eventually take control of SunRail from FDOT under the Central Florida Commuter Rail Commission, made up of county governments and the city of Orlando, there are concerns over the financial cost of operating SunRail and paying the hefty price tag for the Sunshine Corridor.
Orange County Mayor Jerry Demings is engaged in a renewed push for a penny sales tax to generate a dedicated revenue source for transportation.
This is an issue we followed closely over the years and Talia, this was a year long study by FDOT, right?
I mean, what does it find in terms of likely ridership for the Sunshine Corridor once it's completed?
>>Oh, they see it tremendously increasing if this Sunshine corridor is completed.
So currently about 1 million people ride a SunRail.
They believe that in the first year, once it's completed, that's going to jump to over 6 million and then eventually down the line, close to 10 million people.
>>Pretty eye popping numbers.
I mean, there's the northern expansion of SunRail, too, as well, right?
Beth, up to up to DeLand.
>>Yeah.
And that's been talked about since the very beginnings of SunRail that was envisioned as the original kind of northern end spot.
And that's underway now.
And and DeLand is going through the process of figuring out how to best help people utilize the train, get out of their cars if they choose to do so.
And so there's a lot of discussion about how to get people from the stop, which is not exactly downtown to the downtown, which would be seen as and I would imagine the Stetson campus as well, which would be seen as the major, major draws.
>>A lot of backwards and forwards with with Volusia County and the stakeholders up there on that one.
What about this reporting suggesting that Disney might be open to a SunRail station?
>>Well, you got to remember that Disney was open to a Brightline station before the Brightline track kind of moved away from 417 and closer to I-Drive.
Right.
So they've recently been saying that, you know, we want SunRail because they know that that's going to bring more visitors to the parks.
And they've recently expressed to the Orlando Business Journal, like we told FDOT we want to do this SunRail station.
So they're in talks, they're open to it.
>>We heard just now about Mayor Demings concerns that there isn't enough money for all the transportation priorities in the region.
I asked Winter Park Mayor Shelia DeCiccio about her position on that penny sales tax proposal back in April.
>>I support it because I know how much we need, whether it's for SunRail or various for our roads for different things.
I mean, if you're you see all the problems that need to be fixed, you say we're all where can I get the money?
And the penny sales tax might do it.
I don't know if it'll pass.
So I don't know if people are ready to.
I mean, people know that we need work on our infrastructure, but are they willing to pay the extra penny?
That I'm not sure.
>>Sheila DeCiccio there.
Beth, Winter Park's got a busy SunRail station, right?
I mean, do Winter Park leaders, do you think see any benefit to all this expenditure on like an east west corridor to the south or do they see that as a priority that's distant from them?
>>No, I think they are very mindful of that.
They have talked for a long time about supporting the penny sales tax that Jerry Demings has backed.
They supported it the first go around and they were talking about supporting it again, should it have made it to the ballot.
So and a place like Winter Park that is one of the busiest destination stops.
The advantage in Winter Park is that the station is right downtown.
You can walk from the station to many different restaurants and shops within just two or 3 minutes.
Also a beautiful park.
Winter Park has a big Christmas light display every year and is actually talking about expanding that, putting even more dollars behind that in an effort to attract more people.
So from from everything that we have seen recently, this would be something they'd be very interested in.
>>Certainly unusual to have the station like right there in the center of town.
Very convenient to use.
It's hoped the Sunshine Corridor will provide the backbone for Miami to Orlando Brightline services to be able to continue on to Tampa.
Here's Brightline CEO Patrick Goddard talking to me last year on that.
>>These infrastructure projects are unique in that the quantum of cost and the effort in terms of construction is pretty significant.
And because this now involves several stakeholders, the city of Orlando, you've got four counties who are sort of engaged in this process, the city of Tampa, the counties, you know, you're looking at cities like Lakeland, you're looking at Hillsborough County.
So there's a lot of stakeholders.
And, you know, we obviously have to engage the Florida Department of Transportation, not just from a funding perspective, but also they are undertaking this ultimate I-4 project.
And that project needs to contemplate the possibility of Intercity passenger rail as well.
So what we are focused on right now is getting all the stakeholders aligned on a common vision, a common sort of project description, so that we can move it forward.
>>Patrick Goddard there.
Brightline used only private funding for that West Palm to Orlando extension.
Matt, Goddard referred there to to state funding for the Tampa expansion has the governor had anything to say about that?
>>He's basically said no state money will go into this.
He's like the corridor will be there for an eventual connection between Tampa and Orlando, but no state money is going to go into this train.
So.
>>And lawmakers have also denied the funding request.
Right.
From Tampa, Republican Karen Gonzalez Pittman for that extension along I-4 that was in the last session.
I mean, where does this all leave leaders in Tampa that are all in for this?
Mayor Jane Castor, for example?
I mean, she's a big proponent of bringing Brightline to the Bay Area.
>>They're disappointed, but they're not.
You know, they're not completely giving up here.
It's important to note there was only going to be $50 million.
So that'll be a drop in the bucket when you think about how much that Orlando to West Palm extension cost is like $6 billion.
That's like 170 plus miles or so, 85 miles between Orlando and Tampa.
So it's going to be a lot more than 50 million.
So there isn't that money on the table.
But Brightline does have some federal money already to do some preliminary engineering about, you know, 15 plus million dollars there.
And the city of Tampa, too, has a little bit of federal money to kind of put some research into into developing those transportation connections, including Brightline, when it eventually comes so Mayor, you know, the Mayor of Tampa is very excited about this and says once she wants to see this done, you know, within five years, with or without the sort of state input.
>>And worth noting, of course, that Governor DeSantis is far from the only governor that we've had in Florida that's been skeptical of trains.
>>Yes, of course, folks will remember that Rick Scott kind of rebuffed some federal money there for a Tampa to Orlando connection.
And before him, Jeb Bush said no to money for a high speed train between Orlando and Miami.
So there's been efforts along the way to put some high speed rail in Florida.
But a series of governors have said we don't want it.
>>It will be interesting to see if this time it comes to fruition.
You can find a link to the FDOT study into Sunshine Corridor costs and ridership on our websites all at wucf.org/newsnight along the bottom of your screen.
But finally tonight, a case surrounding the April runoff election for a Winter Park City Commission seat.
It revolves around Christopher Hoats, a former campaign treasurer for now Commissioner Craig Russell.
Hoats faces three misdemeanor charges related to allegations he solicited minors to steal opponent Jason Johnson's yard signs for payment in the midst of the campaign, Holtz denies the claims.
Russell won the election for commission seat two by a narrow margin, was sworn in on April 24th to serve the nearly two years left on Sheila DeCiccio's term after she was elected mayor.
The Winter Park Voice broke the story.
So who better to talk to about it than Beth Kassab, of course.
Tell us a little bit more about what you learned from the court documents.
>>Yeah, well, you know, these were really detailed and certainly interesting documents for a local political observers.
I think many of us who covered local campaigns have always heard tale of these types of shenanigans taking place.
But what's unusual here is that someone actually saw the theft taking place.
And then once the police arrived, it one thing led to another.
And ultimately the treasurer of the newest commissioner's campaign was was linked to this and is now facing some charges.
>>We put a little bit of context here into this.
This election was pretty contentious in the first place and the win for Russell was extremely narrow.
>>Yes.
So he won the runoff by 34 votes.
You know, again, not unusual in local politics.
We've seen a lot of close elections.
And his election was certified.
He is the new he is the new commissioner.
And.
And yeah, I mean, there's this was a really heated race in Winter Park.
This was a coveted open seat because DeCiccio ran for mayor.
And the major issue as usual and Winter Park was development and what should happen.
And that's what really distinguished these two candidates.
And and yes, so, you know, there's there's a lot still to come on this case.
>>Yeah.
>>But yes, it's it's definitely an interesting example of how contentious the-- >>Local politics can get.
I mean, as you say, there's there's a lot to come.
But have Russell and Hoats said anything yet about this incident?
>>Mr.
Hoats has not said anything.
We know from the court and police records that he has entered a not guilty plea.
Also, according to the police reports on their interviews with him, he he did not solicit these kids to steal the campaign signs.
That's what he told police.
>>Yeah.
>>Russell has said he's very concerned about the allegations and he wants to make clear that his campaign or in and obviously himself is not accused of any wrongdoing.
>>What about the opponent here, Jason Johnson?
He said anything?
>>Yeah, he he has basically said, you know, I heard I heard about this.
It didn't become public because that police case was not yet public.
And he's he's said he's really disappointed to learn that this happened.
And I think, you know, he's he's kind of left it at that for now.
>>Have we seen similar cases to this happen in the past in other parts of the state?
>>Yeah, actually, in Edgewater in 2022, there was a mayor race and one of the candidates was caught on cameras removing campaign signs out of a front yard.
The case eventually got dropped, but yeah, we have seen this before.
>>But it's not new.
Just briefly.
Beth what happens next in this case.
What's the next step?
>>Well, the court process has to play out and is there's really no indication yet of how quickly that could happen.
There is a pretrial conference scheduled for June, but these things come and go from the docket.
So we'll see what happens.
>>And when it happens, I'm sure you'll be watching it closely.
But that is all the time we have for this week.
My thanks to Matthew Petty, Beth Kassab and Talia Blake.
Thanks so much for coming in, guys.
Good conversation as ever.
We'll see you next Friday night at 8:30 here on WUCF.
In the meantime, for all of us here at NewsNight, take care and have a great week.

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