Weekly Legislative Report - January 11, 2021

Legislative Session Update - January 11, 2021

Written by Keyna Cory, Public Affairs Consultants, PA

COVID-19 is a priority issue for FNA and continues to be the main topic of conversation here in Florida.  Unfortunately, the number of confirmed cases continues to rise as Florida saw the largest increase last Thursday with over 19,000 new cases.  Additionally,  the contagious new strain of the coronavirus, that has spread in Britain, has been detected in Florida.  Half of the new strain found in the US are in our state.  Florida is now painted in red -- for increase in the number of COVID-19 cases and for test positivity, according to the Jan. 3 White House COVID-19 Task Force report obtained by the Orlando Sentinel.

The vaccination process hit several glitches over the past two weeks.  Governor DeSantis has prioritize those over 65 years old to receive the vaccination over other essential workers.  Emergency Management Director Jared Moskowitz acknowledged Florida has a patchwork vaccine distribution system, but said the rollout will improve.

Prioritizing efficient hospitals — Vaccine distributors with doses left over at the end of each week might have future allocations redirected to facilities that are administering shots with greater efficiency, DeSantis warned last Monday. “We do not want the vaccine to just be idle at some hospital system,” he said. There are legitimate reasons some hospitals might be sitting on vaccines, he acknowledged last Thursday, “but if you have two weeks worth, we know we’re going to continue to get more, so let’s take some of that and send that to places that are going to be doing a good job and doing it quickly.”

Pharmacists and registered interns would be able to administer all CDC-recommended vaccines, which would now include coronavirus vaccines, under legislation (SB 494) filed last Thursday in the Senate by Sen. Danny Burgess, R-Zephyrhills.

Fraudsters who mislead the public about access to COVID-19 vaccinations could be charged with a third-degree felony and sued in civil court, under a measure championed by House Speaker Chris Sprowls. The proposal (HB 9), released Thursday, would make it illegal to receive compensation for falsely advertising access to COVID-19 vaccinations or any other pandemic-related vaccine. First-time violators would face third-degree felony charges and upward of five years imprisonment. Repeat offenders would face second-degree felony charges, which are punishable by at least 15 years in prison. The bill also authorizes the state attorney general to file a civil action if he or she believes vaccination fraud is occurring, and allows the attorney general to request a permanent or temporary injunction, restraining order, “or any other appropriate order.”  Sprowls, a Palm Harbor Republican, promised to fast track the bill during the 2021 legislative session that begins March 2. The House Pandemics & Public Emergencies Committee is slated to consider the bill during a Jan. 14 meeting. “It is a priority of the Florida House to protect Floridians who just want to get a COVID vaccine without being fleeced,” Sprowls said in a prepared statement Thursday. “As a former state prosecutor, I know all too well how these operators prey on our consumers, and I will make it our mission to end their practice here.” The bill is sponsored by state Rep. Ardian Zika, R-Land O’ Lakes.

Attorney General Ashley Moody stressed to Floridians last week to beware of misleading webpages charging for vaccine appointments.

“Consumer Protection investigators and criminal prosecutors in my office are aggressively pursuing reports of scammers taking money in exchange for phony COVID-19 vaccine reservations,” Moody said. “If you have been a victim of this scam, please contact my office so we can end this fraud and help protect those seeking vaccinations.”

The warning comes as scammers begin to use Eventbrite, a popular event scheduling website, to pose as county health departments. The scammers often take payments in exchange for fake COVID-19 vaccine appointments.

Moody noted that states are offering vaccines for free, not the federal government. While some Florida counties are indeed using Eventbrite, she stressed that no county is charging for inoculations.

Moody offered several tips to help protect consumers. Among them, Moody said that any pop-up ad soliciting vaccines is likely a scam.

“Know that anyone asking for money in exchange for an appointment is a scam,” she added.

Moody finally encouraged all Floridians who receive a suspicious solicitation to contact the Attorney General’s Office online or by phone at 1 (866) 9NO-SCAM.

Chief Financial Officer Jimmy Patronis is recognizing January as Financial Wellness Month by encouraging Floridians to study the warning signs of a financial scam.

To that end, Patronis offered Floridians several tips.

“With people spending more time than ever in front of their computers due to COVID, cybercriminals have ample opportunities to target their next victim,” Patronis said. “While budgeting, savings, planning for retirement, and good credit management are important tools to keep your finances in order, a critical part of any financial plan is fraud prevention. Knowing what to look for and how to spot fraud before it happens can help ensure your family’s financial security.”

Patronis said Floridians should monitor their account balances. If anything seems suspicious, report it.

He also encouraged consumers to purchase goods with a credit card instead of cash or debit. Credit cards offer more protection against fraud, he said.

Speaking of fraud, Patronis said: “If it sounds too good to be true, then it probably is.” He encouraged residents to be wary of unfamiliar merchants and or items at prices far below average.

Fraud victims or those suspecting fraud can contact the Department of Financial Services online.

Patronis, acting as State Fire Marshal, also discussed vaccine rollout and fire service needs this week on a call with the Florida Fire Chiefs Association and Florida Professional Fighters.

"On the call today, we discussed progress on vaccine distribution to first responders as well as how firefighters can be an incredible asset in the war against the coronavirus," Patronis said.

"With the vast majority of firefighters serving as paramedics and EMTs, local county health units have an incredible workforce that’s ready to step up and get these vaccines distributed in our communities. In different parts of the state, firefighters have been utilized to benefit the community, so we want to do our part in getting the word out. For example, the deployment of vaccines is being handled by the local fire services within St. Johns’ County.

Patronis described Florida's fire service community as "instrumental" in the COVID-19 fight.

He called for first responders to be vaccinated as soon as possible, "It’s also critical we get our first responders vaccinated, and so as vaccines become available, we’re working to ensure they’re prioritized," Patronis said. "Since March 2020, hundreds of Florida’s firefighters have been infected, which has at times impacted the workforce. It’s important our heroes protect themselves and get vaccinated when the opportunity presents itself.”'

Florida investigates vaccine line cutters — Florida has launched an investigation into reports that a West Palm Beach nursing home reserved COVID-19 vaccines, intended for its residents and staff, for its board of directors and donors. DeSantis said last Thursday the state started the investigation “as soon as we found out about it.” The Department of Health has concluded its investigation into MorseLife Health System chief executive Keith Myers, and Florida Inspector General Melinda Miguel is investigating the recent allegations. DeSantis expects more updates to come soon.

Governor Ron DeSantis recently signed Executive Order 2020-297 which extends previously signed Executive Order no. 244. This order ensures that an individual cannot be prevented from working or operating their business, prevents local ordinances from restricting restaurants to less than 50% capacity and suspends the collection of local fines and penalties related to COVID-19.

Fred Piccolo, communications director for DeSantis, resigned last week amid backlash from a 4 a.m. Christmas Eve tweet, in which he downplayed COVID-19 deaths. The tweet drew national headlines and led Piccolo to delete his Twitter account.

The Florida Legislature, which has remained on the sidelines the entire pandemic, will return to convene committee hearings this week. The top priority: making it less likely businesses can be sued for COVID causes.  The House and Senate are both seeking liability protections to protect from COVID-19 lawsuits, but they aren’t in lockstep.  According to POLITICO, the chambers mainly differ in how they would handle health care providers. Sen. Jeff Brandes said his bill would extend protections to all essential businesses, including those in the health care industry such as nursing homes. However, health care providers are not included in the House liability protection bill. The chamber plans to include them in separate legislation, making it harder for either bill to get through the Legislature.

House Speaker Chris Sprowls on Wednesday said he would prioritize legislation to shield businesses from COVID-19 liability lawsuits in the upcoming 2021 Legislative Session.

“Florida businesses and organizations that do the right thing should not fear being drowned by massive litigation costs,” he said. “We are fast-tracking this COVID-19 liability protection bill to ensure that there is no potential for unscrupulous litigation to threaten Florida’s economic recovery. Ours is the most aggressive liability protection bill in the nation.”

Rep. Lawrence McClure is carrying the House liability protection bill, HB 7, which is slated to go before the Civil Justice & Property Rights Subcommittee on Jan. 13, the first day of the House’s first interim committee week before Session begins in March.

The Senate is also prioritizing liability protections, and Senate President Wilton Simpson reaffirmed that commitment this week.

“Businesses across Florida have suffered greatly over the last several months and are doing the best they can to safely reopen during a period of extreme uncertainty,” he said. “When a business makes a good-faith effort to adhere to safety guidelines, our laws should provide strong protections.”

Sen. Jeff Brandes filed the Senate bill Wednesday. He said the bill would “aid in separating the serious and meritorious claims brought against a Florida business from the claims that are unfair or inappropriate as our state continues to fully reopen and recover.”

The House and Senate committees will meet for the first time before the 2021 legislative session this week.  They will focus on issues such as the budget, liability protections for businesses and the pandemic.  The Senate committees will meet Monday – Wednesday and the House committees will meet on Wednesday and Thursday.  The 2021 Session begins on March 2.

Another issue that the legislature will consider this session is a proposal aimed at curbing violent protesting and punishing those who loot.  HB 1 by Rep. Juan Alphonso Fernandez-Barquin of Miami and SB 484 by Senator Danny Burgess of Zephyrhills were filed in the House and Senate last week that include Governor DeSantis’ proposal he announced after the racial justice protests of last summer.  With the violence at the U.S. Capitol building, the Governor and legislature believe it’s time to discuss the proposed legislation.

What will become of the president and where will he live when he’s out of office? That question is on the minds of the residents of the town of Palm Beach, where Trump signed an agreement 27 years ago that he could be allowed to turn the property into a social club under certain conditions. The conditions included preventing members from visiting the club more than three times or for more than 21 total days during a single year and barring Trump from living on the property.

Below are articles that gives more information about the issues mentioned above and more.

COVID-19

“Florida’s COVID-19 surge could continue for weeks, experts say” via Marc Freeman of The South Florida Sun-Sentinel — Florida is in its darkest hours of coronavirus spread, as the winter’s surge of infections is not projected to let up for weeks — if not longer, health experts say. According to infectious disease specialists who have analyzed the data, the pandemic's peak is likely to surpass the state’s one-day record of 17,783 new COVID-19 cases reported on Wednesday, according to infectious disease specialists who have analyzed the data. So while Florida can’t get vaccines distributed to vulnerable residents fast enough, we haven’t even seen the expected spike of infections from gatherings to celebrate the arrival of the new year. “It’s going to get worse before it gets better,” said Dr. Marissa J. Levine, director of the University of South Florida’s Center for Leadership in Public Health Practice.

“Florida sees record-breaking number of new COVID-19 cases, testing over New Year’s holiday” via Howard Cohen and Devoun Cetoute of The Miami Herald — On Saturday, the first reporting day of 2021, the Florida Department of Health confirmed 31,518 additional cases, the highest number recorded yet since the pandemic began and that’s counting data dumps and two-day reported figures post-Thanksgiving and post-Christmas. The state did not report figures on New Year’s Day, Friday. As was the case with Thanksgiving and Christmas Day holidays, Florida is reporting two-day today figures in its post-holiday report. Florida has now a total of 1,354,833 confirmed cases. Also, 217 new resident deaths were announced, bringing the resident toll to 21,890. Two-day totals for deaths after holidays were 140 on Dec. 26 and 109 on Nov. 27.

“New virus strain emerges in Florida” via News Service of Florida — A contagious new strain of the coronavirus that has spread in Britain has been detected in a man in Florida, the state Department of Health said. “Florida has evidence of the first identified case of the UK COVID-19 variant in Martin County,” the department said in a Twitter post. “The individual is a male in his 20s with no history of travel. The Department is working with the CDC on this investigation. We encourage all to continue practicing COVID-19 mitigation.” In another tweet, the department added, “Experts anticipate little to no impact on the effectiveness of the COVID-19 vaccine.” “Preliminary epidemiologic indicators suggest that this variant is associated with increased transmissibility,” the CDC website said.

“‘There’s just too many people.’ Ron DeSantis pressures hospitals as vaccine demand grows” via Samantha J. Gross and Ana Claudia Chacin of The Miami Herald — At a news conference to announce three additional vaccine sites in Miami, DeSantis on Monday blamed Florida’s hospitals for the bumpy start to vaccinations and the first-come, first-served system that left thousands of seniors camped outside in waits that made national headlines. “The state is not dictating to hospitals how they run their operations,” he said at Jackson Memorial Hospital Monday. “That would be a total disaster. These guys are much more competent to be able to deliver health care services than a state government could ever be. We are empowering the hospitals.” The news conference was part of a two-stop press tour to roll out DeSantis’ plan to boost vaccination numbers.

“Who’s in charge?” Ten months into the coronavirus pandemic, Gov. Ron DeSantis’ hands-off governing style is still frustrating Floridians, health care industry groups and elected officials, this time with the rollout of the vaccine. Why is there so much confusion? The Times/Herald Tallahassee explains where DeSantis has gone wrong.

“COVID vaccine: Statewide task force previews push to get minorities vaccinated” via Byron Dobson of the Tallahassee Democrat — The leader of a statewide COVID-19 vaccine task force on Wednesday resolved to "get 60 to 70% of people of color (in the state) to take the vaccine.” The Rev. R.B. Holmes Jr., the pastor of Bethel Missionary Baptist Church in Tallahassee, held an organizational meeting Wednesday to outline the Statewide Coronavirus Vaccination Community Education and Engagement Task Force’s goals. Holmes said the group must bring credible and respected voices to the issue and not get mired in politics. “This is a moral call; this is not a political call," he said. "We are going to have to work with the Governor and he is going to have to work with us. We reached out with an olive branch, not a fist.”

“State agrees to settle Orlando Sentinel lawsuit over COVID reports” via Naseem S. Miller of the Orlando Sentinel — The state has agreed to settle Orlando Sentinel’s lawsuit, which stemmed from unreasonable delays by DeSantis’ office in providing the weekly White House Coronavirus Task Force reports to the newspaper. As part of the settlement, the state has agreed to release the future weekly task force reports within two business days and pay $7,500 in attorney fees. “We are satisfied with the settlement and hope we don’t have to sue again for crucial public records regarding the pandemic or any other important public matter. Onward,” said Julie Anderson, the editor-in-chief of the Orlando Sentinel and the South Florida Sun-Sentinel.

Legislature …

“Senate panels to eye COVID-19, property insurance” via News Service of Florida — As Florida lawmakers hold their first round of committee meetings next week, Senate panels are scheduled to receive presentations about issues such as COVID-19 and the property insurance system. According to an agenda posted on the Senate website, the Senate Health Policy Committee on Jan. 13 will host a discussion by officials from the state Agency for Health Care Administration and the Department of Health about COVID-19 “mitigation” efforts. A day earlier, Insurance Commissioner David Altmaier and Citizens Property Insurance Corp. President and CEO Barry Gilway are expected to make presentations to the Senate Banking and Insurance Committee about property insurance.

“During Capitol chaos, Florida Republicans push rioting bill. Critics question timing” via Ana Ceballos of the Miami Herald — Hours after Trump loyalists stormed the U.S. Capitol, Republican lawmakers in the Florida House and Senate filed legislation that would create harsher penalties for people involved in “riots.” The proposal, which critics call “un-American” and politically motivated, is a top priority of DeSantis. The Governor first rolled out the idea last summer in the wake of police-brutality protests and the 2020 presidential election's heat as he tried to deliver Florida to Trump. But after violence overtook the Capitol on Wednesday, DeSantis and Republican leaders decided to expedite the filing of the proposed legislation, with the Governor saying there is “no time to waste to uphold public safety.”

The measures, which are yet to be assigned to committees, also are aimed at blocking efforts to "defund" police, by allowing the governor's office to consider objections to proposals to reduce local police department budgets. The legislation also would make it an additional misdemeanor to commit assault during a riot, and a felony to commit a battery during a riot, and set certain minimum mandatory prison terms for violent rioters, and increase penalties for looting. The measures would also make it a second degree felony to "destroy or demolish any memorial," including statues, tombstones, or plaques. Florida legislative leaders and the sponsors of the bills all cited the violence at the U.S. Capitol on Wednesday in a press release on the filing of the legislation, which DeSantis originally proposed in the aftermath of protests this past summer against police violence. "We respect the right to peacefully protest, but the shameful conduct we witnessed at the United States Capitol today and episodes of violent civil unrest that we have witnessed over the last several months have no place in our democracy," Burgess said in the statement. "This legislation makes it clear that here in Florida criminals who seek to thwart peaceful protests by willfully inciting violence, attacking law enforcement and destroying public or private property will be held accountable.”  House-Senate-Governor's Office Press Release / HB 1 / SB 484

COVID Lawsuit Limits Created by New House and Senate Bills - Florida businesses, schools, nonprofits and religious institutions would have immunity from many lawsuits resulting from the COVID-19 pandemic under legislation filed Wednesday in the House and Senate that makes it harder for plaintiffs to sue in cases stemming from the outbreak. Bills (HB 7, SB 72) filed by Rep. Lawrence McClure, R-Plant City, and Sen. Jeff Brandes, would set a one-year time limit on filing lawsuits related to the virus from the time the bill becomes effective, or from the time of the plaintiff's injury if it has already happened. The measures also would require injured parties to lay out their claims in more detail when suing, get an affidavit from a doctor that the defendant likely caused the plaintiff's injuries and prove that the defendant was at least grossly negligent, a tougher standard than what must be proven under current law. The bill also raises the standard of proof in COVID negligence cases. 

"A small-restaurant owner shouldn’t have to worry about making payroll because a predatory actor seized on an opportunity to sue and settle,” McClure said in a press release, while also noting that similar legislation has been filed in 21 other states. In the House, the bill has been fast-tracked, and will come up for a vote in the Civil Justice and Property Rights Subcommittee on the first day of the House’s first interim committee meeting week, January 13. It also has been assigned to the Pandemics and Public Emergencies Committee and the Judiciary Committee. “Florida businesses and organizations that do the right thing should not fear being drowned by massive litigation costs,” said House Speaker Chris Sprowls. The speaker said the House will separately consider COVID liability protections for health care providers and facilities, including nursing homes and other long-term care facilities. A workshop on that issue is slated for next week in the Jan. 14 House Health & Human Services Committee meeting. House Press Release / HB 7 Staff Analysis / Senate Press Release

“Legislative pandemic committees to hold first meetings” via The News Service of Florida — A pair of legislative committees set up to review Florida’s response to the coronavirus pandemic will hold meetings next week. State Surgeon General Scott Rivkees is scheduled to address the Senate Select Committee on Pandemic Preparedness and Response on Jan. 14. The committee's agenda also includes a hospital panel discussion. The House Pandemics & Public Emergencies Committee, chaired by Ormond Beach Republican Rep. Tom Leek, is slotted to meet for an hour on Jan. 14, but the committee’s agenda had not yet been posted. House Speaker Chris Sprowls also has directed the committee to review emergency management and how the state can prepare “for future threats.”

Governor …

DESANTIS COMMITTEE TOPS $500K IN DECEMBER - Gov. Ron DeSantis’ political committee raised about $502,000 in December, marking the third consecutive month in which it reeled in more than $500,000, according to a newly filed finance report. The committee Friends of Ron DeSantis raised $502,278 in December, including contributions of $100,000 from Publix Super Markets Inc.; $50,000 from the Realtors Political Advocacy Committee; and $30,000 from AT&T. The committee had about $8.7 million in cash on hand as of Dec. 31, as DeSantis prepares to run for re-election in 2022. The committee raised $521,776 in November and nearly $727,000 in October, according to finance information posted on the state Division of Elections website.

“Ex-DeSantis spokesman Fred Piccolo to work on career education initiatives in new state job” via Leslie Postal of the Orlando Sentinel — Piccolo, a longtime GOP operative who most recently served as DeSantis’ spokesman, will focus on workforce education issues when he joins the Florida Department of Education on Wednesday. Piccolo will earn $120,000 in his new job working for the department’s division of colleges. He has been tapped to help state colleges and other department divisions “elevate” programs related to career and adult education, key needs as Florida looks to recover economically from the pandemic, said Taryn Fenske, a spokeswoman for the education department.

Politics …

The race for leadership of the Florida Democratic Party is down to four candidates, with Nikki Barnes dropping out and endorsing Cynthia Moore Chestnut for party chair. Florida Politics  Note – Manny Diaz won the top spot last Saturday and will lead the Florida Democratic Party.