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Attorney General Moody and FDOT Challenge Biden Administration Rule Requiring States Set Targets to Reduce On-road CO2 Emissions

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FILE - Florida Attorney General Ashley Moody speaks at a domestic violence press conference in her Orlando office Thursday, August 26, 2021. (Harry Castiblanco/Florida National News, file photo).

TALLAHASSEE, Fla.—Attorney General Ashley Moody is pushing back against the Biden administration’s federal overreach. Attorney General Moody, with the support of Governor Ron DeSantis, filed a lawsuit challenging a new Biden administration rule requiring all states with National Highway System mileage to set arbitrary emissions targets. In addition to today’s announcement, Florida’s foresight and prudent fiscal management practices are now the standard-bearer amongst states given FDOT being the sole state to take the responsible step by no longer participating in USDOT’s carbon reduction program.

According to this new rule, states are required to set arbitrary targets for reduced CO2 emissions, to track progress towards said targets and report to the federal government goal progress. This rule forces states to spend an inordinate amount of time, resources and money with no clear guidance for what success looks like. The complaint argues that Congress has not given the U.S. Department of Transportation the authority to regulate greenhouse gas emissions.

Attorney General Ashley Moody said, “As if Biden’s unfounded and reckless energy policies haven’t devastated our economy enough, this new, foolhardy edict from the U.S. Department of Transportation will create even more financial hardships for our state and Floridians. We’re taking action today to ensure that this misguided new-emissions rule does not stand.”

Governor Ron DeSantis said, “Florida will not sit idly by while the Biden Administration tries to force the Green New Deal into existence through the U.S. Department of Transportation. Florida will always fight for freedom and against the federal government’s unlawful efforts to control the American people.”

Florida Department of Transportation Secretary Jared W. Perdue, P.E. said, “FDOT has continued to voice concerns about the rule for well over a year, yet never received complete answers before the rule was finalized—clearly showing it was done to push the federal government’s agenda for the Green New Deal and is not reflective of a collaborative effort from states across the country. Operating in this manner is irresponsible and reckless, which is why Florida proudly stands united with these other states to safeguard the freedoms that this nation is so well known for.”

In the complaint filed today in federal court, Attorney General Moody and a 21-state coalition of attorneys general assert that DOT’s Federal Highway Administration overstepped its legal authority. The coalition writes, “Congress has not given FHWA or USDOT authority to regulate greenhouse gas emissions (‘GHG’). Nor can the Agencies compel the States to administer a federal regulatory program or mandate them to further Executive policy wishes absent some other authority to do so—which is lacking as to this rule.”

The action also makes clear that the proposed measure violates the principles of federalism by requiring states to implement a federal regulatory program. The complaint explains: “The Constitution is also clear that action by the States cannot be mandated through federal action like the Final Rule. ‘The Federal Government may not compel the States to enact or administer a federal regulatory program.’ [because] ‘the Constitution protects us from our own best intentions: It divides power among sovereigns and among branches of government precisely so that we may resist the temptation to concentrate power in one location as an expedient solution to the crisis of the day.’” Accordingly, “[e]ven if Congress believed the Final Rule was the best means of reducing CO2 in order to address climate change, the States could not be directed to implement the policy choices of the federal government.”

Further, the attorneys general note that FHWA previously issued a similar rule, soon repealed after the agency determined that the measure may duplicate “existing efforts in some States” and imposed “unnecessary burdens on State DOTs and MPOs [metropolitan planning organizations] that were not contemplated by Congress.”

In addition to Attorney General Moody, the following states signed onto the complaint: Alabama, Alaska, Arkansas, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, Utah, Virginia, South Carolina, South Dakota, West Virginia, and Wyoming.

Read the complaint here.

North Florida News

Governor DeSantis Reviews 11 Florida Bills Covering Agriculture, Coastal Resiliency and Drug Prices

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TALLAHASSEE, Fla. (FNN)Ron DeSantis on Thursday received 11 bills from the Florida Legislature addressing issues ranging from agriculture and coastal resiliency to drug prices and public records.

The measures now await the governor’s review and signature, veto or approval without signature.

The bills sent to the governor include:

  • CS/CS/CS/SB 290 — Department of Agriculture and Consumer Services

  • CS/SB 844 — Sickle Cell Disease Care Management and Treatment Continuing Education

  • CS/CS/SB 302 — Coastal Resiliency

  • SB 386 — Farm Equipment

  • CS/CS/CS/HB 1417 — Department of Environmental Protection

  • HB 7011 — A Review under the Open Government Sunset Review Act

  • CS/HB 697 — Drug Prices and Coverage

  • HB 569 — Forensic Client Services

  • CS/CS/CS/HB 1443 — Parkinson’s Disease Registry

  • CS/HB 1445 — Public Records

  • CS/CS/CS/HB 399 — Land Use and Development Regulations

Under Florida law, the governor has until April 2, 2026, to act on the legislation.

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North Florida News

Fentrice Driskell Says 2026 Florida Legislature Session Was a ‘Failure’ as Budget Remains Unfinished

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TALLAHASSEE, Fla. (FNN) — Members of the Florida House Democratic Caucus criticized Republican leadership Friday, calling the 2026 session of the Florida Legislature a failure after lawmakers adjourned without completing the state budget.

Democratic leaders said the Legislature failed to address rising costs affecting Florida families and seniors, including housing, insurance, groceries and health care.

“Republicans fought among themselves and Floridians lost,” said House Democratic Leader Fentrice Driskell, D-Tampa.

Democrats Criticize GOP Legislative Priorities

Driskell said Democrats repeatedly focused on affordability during the session and filed legislation aimed at lowering the cost of living. She argued Republican lawmakers instead prioritized controversial policy issues that did not directly address household expenses.

According to House Democrats, those issues included proposals related to firearm regulations, voting access, vaccine policy, local government authority over property taxes, and debates surrounding diversity, equity and inclusion initiatives.

“Republicans used affordability as an empty buzzword and ignored the problem,” Driskell said. “Florida is becoming too expensive for too many Floridians.”

Driskell also noted that Republicans control the governor’s office and both legislative chambers but were unable to finalize a budget before the session concluded.

House Democrats Highlight Affordability Bills

House Democrats pointed to several proposals they filed this session aimed at reducing costs for Floridians.

Among them were HB 319, designed to lower property insurance costs; HB 687, which sought to cut government waste and corrupt spending; and HB 675, intended to make homeownership more affordable.

Democrats argued those proposals would have provided financial relief to working families facing rising housing and insurance costs across the state.

Democrats Cite Bipartisan Legislation Passed

Despite disagreements over priorities, Democratic lawmakers said they successfully advocated for several measures that passed both chambers during the session.

Approved legislation included measures to enhance child protective investigations, expand a veterans dental care grant program, strengthen protections for victims of domestic violence, and create a uterine fibroid research database.

Other bills addressed human trafficking education for nurses, historic cemetery protections, drowning prevention, support services for people with developmental disabilities, expanded health care access, and improved treatment and education related to sickle cell disease.

Democrats Call for Focus on Affordability

House Democratic Leader-designate Christine Hunschofsky, D-Parkland, said Floridians expect lawmakers to address the state’s affordability crisis and complete their constitutional duty to pass a balanced budget.

“Floridians want, and deserve, a state government that works to make their lives better,” Hunschofsky said. “We were elected to pass a balanced budget and help Floridians with the affordability crisis. Unfortunately, we’re going home without accomplishing either.”

She added that Democrats plan to continue advocating for policies aimed at lowering costs and improving quality of life for Florida residents.

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North Florida News

Gov. Ron DeSantis Names Alex Peraza to Miami-Dade Judicial Nominating Commission

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TALLAHASSEE, Fla. (FNN)Ron DeSantis announced Friday the appointment of Alex Peraza to the Eleventh Judicial Circuit Judicial Nominating Commission, which serves Miami-Dade County.

Peraza, of Coral Gables, is a partner at Diamond Kaplan & Rothstein, P.A., a law firm based in South Florida.

The Judicial Nominating Commission is responsible for reviewing and recommending qualified candidates for judicial appointments within the circuit.

Peraza earned his bachelor’s degree from the University of Miami and his juris doctor from the University of Florida. His appointment term will run through July 1, 2027.

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