Weekly Legislative Report - February 8, 2021

The Florida Legislature continued to conduct interim committee meetings last week.  There will be two more weeks of interim committee meetings in February.  During the last week of February, legislators will take a break and then return to Tallahassee for the 2021 Regular Session scheduled to begin on March 2. 

The Republican-controlled Legislature continues to fast-track a proposal that would shield Florida businesses from coronavirus-related lawsuits, positioning the measure to be among the first bills passed after the 2021 session starts next month.  This week, legislation to protect local businesses from frivolous COVID liability lawsuits passed its first Senate committee.  SB 72 by Senator Jeff Brandes received a favorable vote from the Senate Judiciary Committee.  The House Pandemic Committee approved HB 7 by Rep. Lawrence McClure, the House companion bill that would provide businesses with some protections against COVID-related lawsuits.    

January was the worst month on record for COVID-19 fatalities in Florida. The Department of Health reported the deaths of 4,806 Floridians in January, breaking the record set in August by 462.

On Thursday, Gov. Ron DeSantis announced an interfaith vaccination campaign as well as a pilot program to set aside hundreds of coronavirus vaccines for homebound seniors.  A Holocaust survivor was the first to receive the Pfizer COVID vaccine under the Governor’s effort to extend vaccinations to home-bound seniors.

The Governor’s Office detailed its budget proposal to legislators this week, offering a first look at an inflated recommendation issued despite economic woes from the COVID-19 pandemic.  Chris Spencer, the Governor’s policy and budget director, outlined Gov. Ron DeSantis‘ proposed $96.6 billion budget and $78.8 billion in federal relief tied to the pandemic. The federal aid includes $16.1 billion from the CARES Act and $62.7 billion for economic relief. Of that total, the Governor’s Office had discretion on how to spend $5.9 billion in the Coronavirus Relief Fund.

Under normal circumstances, the Legislature approves the state’s spending. But for the federal aid, lawmakers offered no legislative check on DeSantis, taking a backseat while they weren’t in Session. Coronavirus Relief Fund dollars from the United States Treasury could only be spent on necessary expenditures that weren’t in the most recent budget. The Governor’s Office had to monitor the funds it distributed to smaller local governments because the state is responsible for returning improperly spent dollars. Despite state economists revising revenue up $1.5 billion from estimates made over the summer, the state is still down $2 billion from what was originally expected. Projections from January 2020 showed the state making $34.5 billion this fiscal year, but the Revenue Estimating Conference in December slated the latest projection at $32.5 billion.

The Legislature’s chief economist, Amy Baker, outlined that reality before the Senate Appropriations Committee last month, reenforcing committee Chairwoman Kelli Stargel‘s call for a conservative budget. But the Governor’s Office pushed for a higher estimate than $32.5 billion during the conference, and DeSantis on Thursday predicted Florida would rake in even more cash than estimates showed.

Gov. Ron DeSantis has put a bullseye on tech giants he contends censor conservatives’ speech, but the social media apps and platforms he’s targeting are blockbusters for the state’s financial portfolio. DeSantis, a close ally of former President Donald Trump, and Republican legislative leaders on Tuesday laid out a plan to punish Facebook, Apple, Amazon, Google and Twitter for blacklisting users or putting gags on social-media posts. But the five tech behemoths are huge earners for Florida’s investment portfolio, according to the State Board of Administration. The board manages Florida’s pension plan as well as investments for more than two dozen other accounts. Facebook, Apple, Amazon, Google, which is publicly traded as Alphabet, and Twitter reaped $3.1 billion for the state last year. The state’s investment in the big five --- known colloquially as FAAAT --- was just shy of $8 billion, according to information provided by State Board of Administration manager of external affairs John Kuczwanski.

State Sen. Jeff Brandes has introduced a bill that could undo the minimum-wage increase that nearly 61% of the state’s voters approved in November. Brandes, who is chairman of the Judiciary Committee, wants to put a new amendment on the ballot in 2022, allowing the Legislature to pass laws creating multiple exemptions to the new $15 minimum wage.

And Gov. DeSantis says there is buzz about him considering a presidential run because he is leading, while some others in his party aren't. "People see me out here leading, and they like to see that in the Republican Party because, quite frankly, we need more Republicans to show some backbone."

How cold is it in South Florida? Mother Nature sent a cold front, one that forecasters had predicted would bring the “coldest temperatures of the season” last Tuesday night and a “falling iguanas alert” was issued.  Yes, that is a real thing in South Florida!  When temperatures drop below 40 degrees, iguanas stiffen and fall from the trees.  Don’t worry … when they thaw, they are fine!

Below are articles about the issues mentioned above and more …

COVID-19 …

“Florida adds 7,711 COVID cases and 228 deaths as percent positivity ticks up ” via Howard Cohen of The Miami Herald — Florida’s Department of Health on Thursday confirmed 7,711 additional cases of COVID-19. The state’s known total is now 1,752,330. Florida is the third-highest state in the country in terms of cases after California and Texas, according to a database of U.S. cases. Additionally, the state announced 228 resident deaths to bring the resident death toll to 27,247. The state reduced the number of new nonresident deaths by two to 451. On Wednesday, the state put the figure at 453 but did not say why it reduced it.

“COVID-19 protections sought for ‘essential,’ front-line employees in Florida ” via CBS Miami staff reports — 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. Jimmy 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 said 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.” Members of the House Civil Justice and Property Rights Subcommittee also expressed concerns that not enough is being done for workers.

COVID Liability Bill Advances to Final House Committee - A bill creating COVID-19 liability protections for businesses moved a step closer to a floor vote on Wednesday with approval on an 11-6 party-line vote in the House Pandemics and Public Emergencies Committee. The bill (HB 7) now heads to its third and final committee, House Judiciary. House Pandemics Committee / Florida Politics / Law360 / WPTV 

State Will Continue to Limit COVID Vaccine to Seniors and Healthcare Workers, Broaden Distribution Later: DeSantis - The state's policy on COVID-19 vaccine distribution will continue to put senior citizens first, Gov. Ron DeSantis said Wednesday, implying that teachers will continue to have to wait to be vaccinated. The governor did say during a news conference in Pahokee to announce a new vaccination site that a COVID-19 vaccine from Johnson & Johnson, which only requires one dose and has not yet been approved by the U.S. Food and Drug Administration, could open up the possibility of doing mass vaccinations on teachers at schools. "Particularly if it gets produced at a bigger scale, you're gonna be able to use that for police officers, for teachers, for all these folks, and it could be really, really good for us," DeSantis said. Teachers across the state and nation have said that requiring them to teach in-person classes would be more acceptable if they were able to quickly be vaccinated. WPTV

“Tampa Mayor battled DeSantis over COVID-19 issues in buildup to Super Bowl 55 ” via Phil Galewitz of NWF Daily News — Jane Castor said Tampa and NFL learned enough to hold the event safely. However, it will not be exactly normal. While DeSantis has not allowed local governments to fine customers who don’t mask up, business owners can be fined for failing to require patrons to wear masks. Florida had ordered all bars and breweries to close from March to September, except for three weeks in June. Castor’s efforts to shut bars were stopped after DeSantis took that power away from local governments in September. DeSantis reopened bars in September, but only to 50% capacity. Within weeks of his actions, the daily number of new infections across Florida doubled, and then tripled.

“A Chick-fil-A manager saved a drive-thru COVID-19 vaccination clinic after traffic backed up ” via Alaa Elassar of CNN — Shortly after the drive-thru in Mount Pleasant, South Carolina, opened, the computer system handling registrations went down, causing hundreds of people to wait in heavy traffic. That’s when Jerry Walkowiak, the manager of a nearby Chick-fil-A, stepped in to save the day. “When I heard about it, I called Jerry and asked if he would come help us out,” Mount Pleasant Mayor Will Haynie told CNN. “After he looked it over, he said, ‘There’s your problem right there. It’s backed up because you have one person checking people in.’ Then he showed us how to do it right.” Walkowiak transformed the messy traffic jam into a smooth operation, reducing the hours long wait to just 15 minutes.

Legislative …

Senators Skeptical of DeSantis Growth Budget - Some members of the Senate Appropriations Committee sounded skeptical Tuesday when hearing a presentation on Gov. Ron DeSantis' proposed budget, which grows by more than $4 billion even in the face of an ongoing economic downturn amidst the pandemic. "The governor seems to have a much rosier picture ... increasing money in the budget," Sen. Linda Stewart, D-Orlando, said. News Service of Florida / Politico Pro

"Florida consumer confidence up in January, full recovery far off" via Drew Dixon of Florida Politics

“Twitter tantrum leads to fringe bill to ban purchases of iPhones, port cranes, more ” via Scott Maxwell of The Orlando Sentinel — Joe Gruters and Randy Fine proposed a law that could make it illegal for youth coaches in city rec leagues to buy basketballs. Their real goal was to take on Twitter, Facebook and other tech companies that have cracked down on people who spread lies and conspiracies. The two Republican legislators say the war on lies is actually a war on conservatives. So they rushed out a slapdash bill that attempts to retaliate by banning state and local governments from doing business deals with companies like Amazon, Facebook and Twitter.

Required Speech: DeSantis Hits at Silicon Valley 'Censorship,' Proposes Requiring Social Media Customers to Allow Politicians to Have a Platform - Gov. Ron DeSantis lashed out Tuesday at social media companies as a "big tech cartel" he alleged seeks to "monitor and control" Florida residents and proposed legislation to prevent social media companies from rejecting accounts by political candidates in Florida. His proposal also would force social media companies to tell customers when they're "deplatformed," or prohibited from posting something. Florida Politics / Associated Press / Tampa Bay Times / Sarasota Herald-Tribune

"DeSantis touts proposal to rein in 'big tech cartel'" via John Kennedy for the Herald-Tribune

"DeSantis: Others could follow Florida on bill defending 'wrong-think' and online speech" via Renzo Downey of Florida Politics

Brandes Bill to Ask Voters to Remove Some Workers from New Minimum Wage Requirement Draws Criticism - The proposal by Sen. Jeff Brandes to revisit the voter-approved increase in the minimum wage to exempt some workers is drawing criticism from the attorney who spearheaded the ballot initiative and the state's Democratic Party chief. Brandes' proposed joint resolution (SJR 854) would ask voters to reconsider the minimum wage increase to allow exemptions for younger workers and "hard-to-hire" employees among others. Sarasota Herald-Tribune

“A new legislative betrayal seeks to overturn Florida’s minimum wage amendment ” via The Orlando Sentinel editorial board — Immediately after the November election, Republicans proclaimed the GOP as the party of the working class. Now, an influential Florida Republican wants to deprive the working class of the most significant financial boost they’ve received in decades. State Sen. Jeff Brandes has introduced a bill that could undo the minimum-wage increase that nearly 61% of the state’s voters approved in November. Brandes, who is chairman of the Judiciary Committee, wants to put a new amendment on the ballot in 2022, allowing the Legislature to pass laws creating multiple exemptions to the new $15 minimum wage.

"Legislator profile: Evan Jenne, the policy guy" via Karen Murphy of The Capitolist