Weekly Legislative Report - February 1, 2021

The Florida Legislature met in interim committee meetings this past week.  The Governor released his proposed $96.6 billion budget for the fiscal year that starts July 1.  The governor said Florida will have more money to spend than initially thought, and credited his decision to allow Florida businesses to reopen, saying lawmakers won't have to dip into savings to balance the budget. DeSantis also said he isn't proposing new or increased taxes or fees.

But the proposal was a departure from projections that the state could face a more than $2 billion budget shortfall because of the economic fallout of the pandemic. Legislative leaders have warned repeatedly that they expect to have to make budget cuts as they negotiate a spending plan. 

The proposal would be about $4.3 billion higher than the current year’s budget, thanks to federal money. A summary of the proposal released by DeSantis’ office said $2.6 billion of the potential increase is related to the COVID-19 response or impacts of the pandemic. 

“Despite the unprecedented circumstances and historic reductions, the Florida Leads budget for fiscal year 2021-2022 totals more than our current budget for the last year,” DeSantis said. “It’s $4.3 billion more. Most of that is directly related to COVID response efforts.”

Some good news this week!  General revenue collections in December beat pre-pandemic estimates by the largest margin since the start of the COVID-19 outbreak, legislative economists said this week. The Office of Economic and Demographic Research reported Tuesday that December collections were above even the most-recently adjusted forecast, and were far stronger than economists had expected last spring. Overall collections in December were more than 5% above collections in December of 2019 before the pandemic, EDR said. 

A measure aimed at protecting businesses from lawsuits related to the COVID-19 pandemic (SB 72) received a favorable vote from the Senate Judiciary Committee last Wednesday. The measure, pushed by the business community, is a priority for legislative leaders, and a House companion (HB 7) has already been approved in one committee. The measures put time limits on suits and require injured parties to do more to make their case

Sen. Jeff Brandes, R-St. Petersburg, filed a proposed amendment to the constitution to exempt some workers from the $15 an hour minimum wage approved by Florida voters in November. The proposed joint resolution (SJR 854) filed on Wednesday would ask voters to go back to the minimum wage issue and reduce the minimum wage for people under 21 years old and for "hard-to-hire" employees. The proposal also would allow lower wages for people convicted of felonies, and for state prisoners.

More legislators tested positive for COVID-19 this week including Senators Gary Farmer and Loranne Ausley and Rep. Jason Shoaf.

Below you will find articles about the issues mentioned above and more …

Budget …

DeSantis Proposes $96.6 Billion Budget - Gov. Ron DeSantis released on Thursday a proposed $96.6 billion state budget for the fiscal year that starts July 1, with higher spending on Medicaid to pay for growing enrollment in the health care program, and increased spending of federal money as the state continues to respond to COVID-related issues. It increases per-pupil spending in K-12, and doesn't call for tax increases or tuition hikes. Governor's Budget Proposal

Governor's Proposed Budget Would Increase Use of Federal Money, Boosting Spending on COVID Costs, Medicaid - The governor's proposed budget comes in more than $4 billion larger than the current year budget, with more than half of that new spending going toward combating the COVID-19 pandemic and much of the increase in spending coming from federal dollars. DeSantis is still proposing, however, about $1 billion in cuts to government agencies and administrative costs, with recommended reductions at more than a dozen state agencies. The governor said Florida will have more money to spend than initially thought, and credited his decision to allow Florida businesses to reopen, saying lawmakers won't have to dip into savings to balance the budget. DeSantis also said he isn't proposing new or increased taxes or fees. Orlando Sentinel / Florida Politics / News Service of Florida / The Center Square / Associated Press / Politico Pro

"‘Florida Leads’: Ron DeSantis’ budget grows despite pandemic woes" via Renzo Downey of Florida Politics

“DeSantis taps into federal spending for $96.6 billion state budget proposal” via Gray Rohrer of the Orlando Sentinel

General Revenue Collection Beat in December Was Best Since Start of Pandemic - General revenue collections in December beat pre-pandemic estimates by the largest margin since the start of the COVID-19 outbreak, legislative economists said this week. The Office of Economic and Demographic Research reported Tuesday that December collections were above even the most-recently adjusted forecast, and were far stronger than economists had expected last spring. Overall collections in December were more than 5% above collections in December of 2019 before the pandemic, EDR said. "The December results were above the pre-pandemic estimates for the month by the largest margin seen since the pandemic began," the agency said in its monthly revenue assessment. Economic and Demographic Research

EDR: Leisure, Restaurant and Attraction Tax Collections Off 30%, Full Recovery May Not Come Until 2024 - In the 10 months since the start of the coronavirus pandemic, collection of taxes from tourists and residents spending on restaurant meals, attractions and other leisure activities have dropped by more than 30% in Florida, the Office of Economic and Demographic Research said Wednesday. Sales taxes paid by tourists make up about 15% of total tax collections in the state. "Current expectations are that leisure driving vacations will recover first, and then – in order – business travel, domestic air travel, and international travel," the new EDR report said. "The new tourism forecast generally follows this pattern with recovery in 2024." EDR

Legislature …

COVID-19 PROTECTIONS SOUGHT FOR WORKERS --- As the Republican-led Legislature moves quickly to provide broad COVID-19 liability limits for businesses, some lawmakers say additional protections should be provided for “essential” and front-line employees showing up for work.

Members of House and Senate panels have expressed concerns that workers who allege they contracted COVID-19 on the job aren’t getting workers’ compensation benefits.

A state report shows that 29,400 coronavirus-related workers’ compensation claims were filed as of Dec. 31, including 13,409 claims filed by health care workers and educators. Forty-three percent of the overall claims had been denied payment, according to the monthly report, published by state Chief Financial Officer Jimmy Patronis’ office. Nearly 46 percent of claims filed by health care workers and educators had been denied.

Claims related to COVID-19 accounted for 31 percent of the 93,228 workers’ compensation claims filed in 2020. But payments on those claims accounted for less than 8 percent of the $727,329,103 workers' compensation payments last year.

The statistics are troubling for Senate Judiciary Committee member Perry Thurston, who offered a proposed amendment this week to a high-profile bill (SB 72) that would provide COVID-19 liability protections for businesses.

The amendment, which did not get added to the bill, would have changed workers’ compensation law to include a presumption that a wide range of health-care professionals who test positive for COVID-19 contracted it at work. The amendment would have applied to physicians, nurses, dentists, emergency medical personnel and people who work at clinical labs, doctors’ offices, hospitals and nursing homes.

“The people we are trying to protect, they deserve this protection. They deserve to know that if they are putting their life on the line and care for people, that if something should happen, at least the workers’ comp benefit is there for them,” Thurston, a Fort Lauderdale Democrat and attorney, told The News Service of Florida. “And if you think about it, what is workers’ comp? It is designed to be self-executing, meaning that we don’t have to argue this thing. Give them that protection. I think it’s the basic minimum.”

Some workers already have the protections Thurston is pushing for.

Patronis last year issued an order making clear that a presumption exists that certain front-line state employees who test positive for COVID-19 got infected while working. Patronis told the News Service in December that, through the order, he was able to secure workers’ compensation coverage for state employees who “didn’t have that peace of mind before.”

As of Dec. 31, 6,155 state employees across 13 agencies and departments and six state universities had filed workers’ compensation claims.

During a Senate Judiciary Committee meeting this week, Thurston pressed Patronis, a Republican, on why state employees have added workers’ compensation protections but employees who work in non-government jobs do not.

Patronis, a former lawmaker, avoided directly answering the question.

“I know my role in this place, and that is not to cross a senator,” Patronis said.

Bill Herrle, executive director of the National Federation of Independent Business Florida, said it’s insurers, not employers, that determine whether workers’ compensation claims lead to payments. Herrle acknowledged that decisions about whether claims are compensable appear to be “all over the place.”

“Inconsistency in the workers’ compensation system isn’t good, and that probably needs to be resolved,” Herrle said. “However, we are not ready to concede that COVID  categorically is a workers’ compensation-compensable claim.”

Herrle said, though, that his small-business group is open to looking at workers’ compensation issues, but not until after the Legislature passes lawsuit limitations for businesses.

Workers' compensation is a no-fault system meant to protect workers and employers. It is supposed to provide workers who are injured on the job access to medical benefits they need to be made whole. In exchange for providing those benefits, employers generally cannot be sued in court for causing injuries. While the system is supposed to be self-executing, injured workers hire attorneys when there are disputes over the amounts of benefits --- medical or lost wages --- they should receive.

Florida's workers’ compensation laws provide coverage for “occupational diseases” that are characteristic of particular trades or jobs. The term excludes “all ordinary diseases of life to which the general public is exposed,” unless the incidences of diseases are substantially higher in particular professions.

At the behest of Patronis, Florida Insurance Commissioner David Altmaier last year issued a memo advising insurance companies that first responders and health-care workers who contract COVID-19 “due to work-related exposure” would be eligible for workers’ compensation benefits.

“Insurers licensed to provide workers’ compensation coverage in Florida are reminded of this statutory requirement, which must be applied on a non-discriminatory basis,” Altmaier's memo said. “The OIR expects workers’ compensation insurers to comply with all of the provisions of Florida’s Workers’ Compensation Law and will take appropriate action in the event of noncompliance.”

According to the National Council on Compensation Insurance, 22 states have considered legislation to establish workers’ compensation presumptions of compensability for COVID-19 for certain employees. Ultimately, nine states passed laws: Alaska, California, Illinois, Minnesota, New Jersey, Utah, Vermont, Wisconsin and Wyoming.

Thurston isn’t alone in his worries about workers with COVID-19 having access to benefits. Members of the House Civil Justice and Property Rights Subcommittee also expressed concerns that not enough is being done for workers.

After he proposed the amendment this week, Thurston said he heard from representatives of the hospital and nursing home industries, among others, who expressed concerns. He agreed to withdraw the amendment but said he will revisit the issue and work closely with House Democrats to try to make the change.

“It’s easy to say we want to protect first responders, they are out there on the front line protecting us so we should protect them,” Thurston said. “Maybe the Legislature should put some kind of moratorium on workers’ compensation carriers that you can’t just increase insurance. Everyone should have some skin in the game. From first responders to doctors to nurses. The people out there protecting us, they have lots of skin in the game. “

Senate COVID Rules Likely to Remain in Place Through Session - Senate President Wilton Simpson doesn't expect his side of the Capitol to be open to the public or lobbyists until after the upcoming 60-day legislative session, as many lawmakers and staff members likely will continue to await COVID-19 vaccinations. Simpson said this week that members should get used to talking with lobbyists outside the Capitol complex. And he said public comments during Senate committee meetings will continue to be streamed online from rooms a few blocks away at the Donald L. Tucker Civic Center. News Service of Florida 

Pandemic Legal Protection Measure in Senate Judiciary - A measure aimed at protecting businesses from lawsuits related to the COVID-19 pandemic (SB 72) will be before the Senate Judiciary Committee today. The measure, pushed by the business community, is a priority for legislative leaders, and a House companion (HB 7) has already been approved in one committee. The measures put time limits on suits and require injured parties to do more to make their case. Senate Judiciary Committee

A Florida Chamber poll shows nearly 3 out of 4 likely Florida voters support COVID-19 liability protections for businesses if the business made efforts to follow government public health guidelines. Florida Chamber

UNION DEDUCTIONS BILL SPARKS FIGHT- Sen. Ray Rodrigues says the bill is about making sure workers have the final say about money they have earned. Critics say it is about “union busting.”

But a Senate committee Wednesday approved a bill that could lead to a battle during the upcoming legislative session about unions that represent teachers, firefighters, law-enforcement officers and other public employees.

The bill (SB 78), sponsored by Rodrigues, an Estero Republican who chairs the Senate Governmental Oversight and Accountability Committee, would affect the process of deducting union dues from employee paychecks.

For example, the bill would add a new step in which government employers would have to confirm with workers that they want dues taken out of their pay before the deductions could start. That would be in addition to a current process of union bargaining agents submitting written requests to begin deductions.

Rodrigues, who is sponsoring the bill, said it is about “the deduction of pay of public employees and whether that deduction should occur before the employee has expressly authorized it.”

“The employee who earns the money should be the person and final arbiter who makes the decision on how those funds are spent,” he said.

But Democratic lawmakers and union representatives criticized the proposal, saying the additional requirements are not necessary and are an attempt to make it harder to join unions.

“This bill is just another attempt at union busting, and it’s a solution in search of a problem, when there is no problem,” said Sen. Victor Torres, an Orlando Democrat who serves on the committee.

The proposal is filed for consideration during the legislative session that will start March 2 and is drawing attention from a variety of business and labor groups.

Groups that expressed support during Wednesday’s meeting included Associated Industries of Florida, the Florida Chamber of Commerce and Americans for Prosperity. Groups opposing the bill included the Florida AFL-CIO, the Florida Education Association, the United Faculty of Florida, the Florida Professional Firefighters and the Florida Police Benevolent Association.

The Republican-dominated Legislature has taken up issues in recent years that have drawn fierce opposition from unions.

During the 2020 session, the House approved a bill that mirrored Rodrigues’ new proposal. The Senate did not take up the issue during the 2020 session, but Rodrigues was elected to the Senate in November after serving in the House.

Along with the issue about employers confirming that workers want dues deducted from their pay, the bill also would add a time limit on the authorizations. Under the proposal, the workers’ approval of deductions would continue until new collective bargaining agreements are reached or three years after the deductions begin, whichever is earlier.

COVID-19 …

Most Democrats in the Florida delegation issued a letter Friday to Gov. Ron DeSantis, a former House colleague, suggesting Florida has been slow to provide COVID-19 vaccines.

The missive, signed by Ted Deutch, Lois Frankel, Alcee Hastings, Debbie Wasserman Schultz, Al Lawson, Kathy Castor, Darren Soto, Charlie Crist and Val Demings, said the Governor needs to provide more consistent and robust information to the public on how to get vaccinations and to make sure citizens can book appointments.

“The state has not been transparent about its distribution plan. Despite publishing a preliminary plan in October 2020, the state has not shared written updates to the plan,” the letter reads. “Florida Surgeon General Scott Rivkees recently made public statements indicating that the department is relying on your Dec. 23, 2020, Executive Order, which merely lists three priority categories and does not lay out a comprehensive distribution strategy.”

Meanwhile, the Centers for Disease Control reported more than a million unused vaccines are still on hold for Florida. Members of Congress suggested that makes it hard for federal representatives to argue Florida needs more vaccines pronto, even if it probably does.

The letter did muster praise for one member of DeSantis’ administration, Jared Moskowitz, incidentally the most high-profile Democrat working for the Republican Governor. But the Democrats in the delegation allege DeSantis needs to book more vaccine appointments. In addition to sluggish administration of inoculations, the members allege there’s a growing sense of favoritism “creating a perception of unfairness and political motivation.”

"The more contagious B.1.1.7 COVID variant is spreading quickly across Florida" via Jeff Schweers of the Tallahassee Democrat

“FL officials break silence on new, more transmissible COVID strain; other variants now emerging in U.S.” via Isaac Morgan of the Florida Phoenix

“‘It could be a double whammy.’ Florida scientists worry about Brazilian variant” via The Miami Herald

“Gov. Ron DeSantis: COVID-19 vaccine backlog will quickly fall as more people get second shot” via Steven Lemongello and Richard Tribou of the Orlando Sentinel

“FL Surgeon General is blocked from taking questions about the COVID crisis; lawmaker calls it a ‘sham’” via Issac Morgan of the Florida Phoenix

“Lawmakers voice frustrations after Surgeon General takes no questions at subcommittee” via Jason Delgado of Florida Politics

Moskowitz: Florida Program for Vaccinating Nursing Home Residents and Staff Finished, Freeing Up Vaccine for Broader Use - Florida's COVID vaccination program for residents and staff at long-term care facilities is complete, the state's director of emergency management told lawmakers Thursday, saying that would free up resources for the state's broader inoculation strategy.  Associated Press / Bay News 9

The weekly death toll from COVID in Florida this past week was the highest of the pandemic, with more than 200 new fatalities reported. Palm Beach Post

Florida to Get Boost in COVID Vaccine Doses from Feds Next Week - The amount of COVID vaccine coming to Florida from the federal government will increase next week, allowing more people to get shots, Gov. Ron DeSantis announced Wednesday. The state will receive 307,000 doses, up from 266,000 this week, the governor said at a news conference in Sun City Center, near Tampa, where he presided over the opening of a new vaccination site. Sun Sentinel

Fourth DCA Backs Palm Beach County Mask Mandate - A Florida appeals court shot down several residents' bid to block Palm Beach County's face mask mandate, rejecting their argument that it intrudes on their constitutional right to refuse medical treatment. Law360

"Loranne Ausley says she was exposed to COVID-19 by maskless Jason Shoaf; both can't be certain" via James Call of the Tallahassee Democrat

"Anti-vaxxer rally with Anthony Sabatini, Joe Gruters delayed until March" via Jacob Ogles of Florida Politics