Weekly Legislative Report - February 22, 2021

The 2021 Legislative Session begins on March 2.  COVID safety protocols will continue to be in place as lawmakers return to the Capitol next month for the start of the regular legislative session, Senate President Wilton Simpson said Thursday in a memo to members and staff. Guests and access to the floor for staff will be limited on opening day and senators will watch Gov. Ron DeSantis' State of the State address on a video monitor in the Senate chamber rather than going to the House to watch the address in person, Simpson said. There will be a luncheon for senators after the address, but attendees must be tested for COVID first. The press gallery will be open to media, but members of the media will have to be tested weekly during the session. The public galleries will remain closed. During the session, Senate committees will continue to hear testimony from the remote location at the Civic Center, though subject matter experts invited by committees to offer information will continue to be allowed to appear in person. Simpson Letter to Members

A high-profile bill that would provide COVID-19 liability protections to businesses moved through its final House committee Tuesday in a 14-7 vote, after heated partisan debate and procedural maneuvering.  HB 7 by Rep. Lawrence McClure is now ready for the House Floor.  The companion bill, SB 72 by Senator Jeff Brandes was temporarily postponed in the Senate Commerce & Tourism Committee.  The Committee ran out of time and Senator Brandes was running late.  He had a bill up in another committee that took longer than expected to complete.

“Key Florida official overseeing COVID-19 response resigns” via Bobby Caina Calvan of The Associated Press — One of Florida’s top lieutenants in the fight against the coronavirus outbreak resigned Monday, citing the grueling nature of the role. Jared Moskowitz, who led Florida’s Division of Emergency Management for the past two years, said he is tired of being away from his wife and two children, all of whom remain in Broward County while he spends much of his time more than 400 miles (640 kilometers) away in the state’s capital city. “My 4-year-old said to me a couple of weeks ago: Daddy works for the Governor. I don’t want daddy to work for the Governor anymore. I want daddy to come home,” Moskowitz said. “And when your 4-year-old says that to you, you listen.”

“Challenge to Florida mask mandate heads to state Supreme Court” via Jim Saunders of News Service of Florida — After months of legal wrangling across Florida about mask requirements during the COVID-19 pandemic, a challenge to a Palm Beach County mask mandate has gone to the state Supreme Court. Opponents of the mandate have filed a notice that is a first step in asking the Supreme Court to consider arguments that the Palm Beach County mandate is unconstitutional, according to documents posted Thursday on the Supreme Court website. While justices do not have to take up the case, it could test challenges to mask requirements in the state. For example, the 1st District Court of Appeal heard arguments in November in a challenge to an Alachua County mask requirement, though it has not issued a ruling.

“South Florida crosses 700K COVID-19 cases as daily death toll spikes again” via Ryan Nicol of Florida Politics — South Florida has now seen more than 700,000 infected with COVID-19, as the regional death toll remains at a relative high. The tri-county area crosses that mark on a day where just 1,833 cases were reported. That’s fairly low for the region and does show that cases are on a downswing overall. One problem area is Palm Beach County, which has seen its case positivity rate rise week-to-week. That number sits at 7% over the previous seven days. The week prior, from Feb. 4-10, it was down to 6.4%. Overall, cases are still trending downward in Palm Beach County. Miami-Dade and Broward counties have seen total cases and the positivity rate drop from week-to-week.

“DeSantis touts 2M senior vaccinations at Pinellas Park pop-up site” via Jacob Ogles of Florida Politics — DeSantis fielded questions Thursday morning about how the state chooses pop-up sites for vaccines. But unlike at a combative news conference Wednesday, the Republican Governor stayed on message and promised to get shots in the arms of every senior who wants one in the coming weeks. “Trends are good across Florida,” DeSantis said. “Our hospital census continues to drop in patients with COVID. We’re far below where we were in the summer.” Now, the state has vaccinated roughly 42% of all seniors in the state, he said. He also claimed Florida health officials believe they recently vaccinated their 2 millionth senior.

“Michele Rayner-Goolsby blasts DeSantis over Manatee vaccine inequality” via Jacob Ogles of Florida Politics — Goolsby blasted DeSantis after he announced a boost in vaccines for Manatee County, but not for any of her constituents. “Gov. DeSantis has made a choice to prioritize affluent neighborhoods in Manatee County over our underserved populations knowing the numbers are criminally low when it comes to equitable distribution of this vaccine,” the St. Petersburg Democrat said. According to the most recent census estimates, within Manatee County, 28.1% of the residents are older than 65. Meanwhile, 86% of county residents are White, 9.3% are Black, and 16.9% are Hispanic. But of the 43,405 individuals vaccinated so far in the county, 71.6% are White. Just 1.8% are Black, and 2.5% Hispanic.

“‘Hang in there,’ DeSantis says as he announces more COVID vaccine delays. Publix stops scheduling new appointments” via Cindy Krischer Goodman of the South Florida Sun-Sentinel

Democrats File Legislation to Require DOH to Release Information on People Tested, Vaccinated for COVID  - The Department of Health would be required to release daily reports on its website disclosing certain information about coronavirus testing and vaccination in Florida under legislation filed in both chambers. The measures (SB 1264, HB 989), filed last week by Sen. Annette Taddeo, D-Miami, and Rep. Nicholas Duran, D-Miami, would require the DOH to at least report aggregate testing and vaccination data at the county level, including a breakdown of gender, race, ethnicity and county of each person tested or vaccinated. The bills come as the state has come under criticism for being slow to release the number and location of new variant cases of COVID-19, but the bill only requires the release of data about the people being tested and vaccinated. Taddeo Press Release

BUSINESS LIABILITY BILL HEADED TO HOUSE FLOOR - A high-profile bill that would provide COVID-19 liability protections to businesses moved through its final House committee Tuesday in a 14-7 vote, after heated partisan debate and procedural maneuvering.  Before passing the bill (HB 7), the House Judiciary Committee approved three amendments proposed by bill sponsor Lawrence McClure, R-Dover. One of the amendments caused Rep. Michael Grieco, D-Miami Beach, to withdraw support for the bill. That amendment would make clear that if more than one set of public-health recommendations or guidelines were in effect at the time a plaintiff suffered damages, injury or death, the business would only need to show it made an effort to “substantially comply” with one of the standards for legal immunity to apply. Because Gov. Ron DeSantis never issued a statewide mask mandate, opponents argued, businesses that didn’t require masks would get immunity. “It essentially creates blanket immunity. It’s arbitrary. It doesn’t cite the CDC (federal Centers for Disease Control and Prevention), it doesn’t cite the WHO (World Health Organization). It could be an authoritative source such as one person that can be just plucked out and utilized as the basis for whatever standards a business is applying,” Greico said. “I am an attorney, but I am also a small business owner. I see things from both sides. I wanted to be up on this not knowing where it was going to go, but that amendment was fatal.” Before the amendment, businesses would have had to show they made an effort to substantially comply with authoritative or controlling government-issued health standards or guidance. The other two amendments would bring McClure’s bill more in line with a separate proposal (PCB HHS 21-01) that would limit lawsuits against nursing homes, hospitals and physicians. One of the two amendments altered a proposed statute of limitations. The other amendment changed a definition of health-care provider to include mental health and substance abuse providers. By the committee agreeing to adopt the amendments,  the House business-liability bill no longer is identical to its Senate counterpart (SB 72), filed by Sen. Jeff Brandes, R-St. Petersburg. The Judiciary Committee rejected six amendments proposed by Democrats. Committee Chairman Rep. Daniel Perez, R-Miami, didn't allow the committee to debate or consider five of the six amendments, saying they were filed past a deadline. The bill is now ready to go to the full House after the annual legislative session starts March 2.

“Florida Chamber, local Chambers join coalition supporting COVID-19 liability protections” via Drew Wilson of Florida Politics — The Florida Chamber of Commerce said Monday that more than 100 local Chambers of Commerce had joined it to form a coalition in support of the COVID-19 liability protection bills. The Legislature has fast-tracked legislation that would shield businesses and health care providers from lawsuits related to COVID-19. There are separate proposals for health care facilities and non-health-care businesses, but they all have the same thrust, businesses that put in a “good faith effort” to protect customers from catching the coronavirus would be immune from liability. The Florida Chamber and other pro-business groups say the protections are necessary for Florida’s economy to continue recovering amid the pandemic.

“Consumers, workers’ rights coalition push back against COVID-19 liability protections” via Jason Delgado of Florida Politics — A coalition of consumer and workers’ rights groups voiced opposition on Monday to the legislative effort to create COVID-19 liability protections in Florida. The opposition comes as Republican leaders fast-track several bills that would shield businesses, schools and health care providers from COVID-19 related lawsuits. Speaking at a news conference on Monday, AFL-CIO Political Director Rich Templin warned the proposals offer near “blanket immunity” to employers. The AFL-CIO represents more than 1.3 million workers in Florida.

“Business liability protections delayed in Senate” via Christine Sexton of News Service of Florida — A scheduled committee vote on a high-profile bill that would protect businesses from coronavirus-related lawsuits was delayed Monday after the measure’s primary sponsor, Sen. Brandes, was delayed in another meeting. Senate Commerce and Tourism Chairman Sen. Ed Hooper said that the lawsuit-limitation bill would most likely be considered at his committee’s next meeting, now scheduled for March 2, the same day as the start of the 2021 legislative session. Republican legislative leaders, backed by business groups, have prioritized passing a measure to help shield businesses from lawsuits related to the pandemic.

WHEN NUMBERS GET SERIOUS — “DeSantis omits data on child COVID rates as he touts decision to open schools,” by NBC 6’s Tony Pipitone: “As Florida Gov. Ron DeSantis travels the state promoting his performance fighting the coronavirus, he often points to a relatively low infection rate among children — even after his administration compelled school districts to offer in-person learning. But this week, the NBC 6 Investigators found, he twice misled the public about how Florida stacks up to other states when it comes to infection rates among school-age children.”

34th vs. 9th — “When states reporting cases among children under 18 are compared to Florida's rate for the same age group, Florida ranks ninth — not 34th — according to an NBC 6 analysis of state Department of Health and U.S. Census Bureau data... But our investigation finds the differences are not subtle. Those differences undercut DeSantis' argument when he compared Florida's rates for children under 15 to other states' rates that also included older children. Remember: DeSantis said Florida ranked 34th in pediatric case rates (when it in fact ranks ninth among states reporting cases for all under 18 years old).”

Florida lawmakers consider healthcare cuts as hospitals battle pandemic

The havoc of the COVID-19 pandemic, which has strained health-care providers across the state, might not be enough to spare hospitals and nursing homes from Medicaid spending cuts in the coming year. Top Republican leaders in the Florida House and Senate acknowledged Thursday a chance that lawmakers could make health-care cuts as they struggle to craft a balanced budget amid the economic wreckage caused by the coronavirus. “So, I would say that everything is on the table,” Senate President Wilton Simpson, R-Trilby, said when asked about reducing Medicaid payment rates for hospitals and nursing homes. More from the News Service of Florida.

Pandemic delays Florida redistricting, census data

Blaming coronavirus-related delays, the U.S. Census Bureau announced that data Florida lawmakers will use to redraw legislative and congressional boundaries won’t be delivered until September. The bureau had planned to start delivering census data to states on Friday and complete the rollout by March 31.

DELAYS — “Massive winter storm closes airports and delays vaccine deliveries to Florida,” by Tallahassee Democrat’s James Call: “A winter storm with icy roads, power outages and dangerous low temperatures has snarled traffic from coast to coast — and will delay shipments of coronavirus vaccines to Florida. Jared Moskowitz, director of the Florida Division of Emergency Management, said the state has been alerted the massive weather system will delay the Monday-Tuesday shipment of vaccines. It is unclear how many doses will be affected and when deliveries will resume. The state's Department of Health did not immediately respond to a request for information.”

Elections …

“Jimmy Patronis tees up reelection campaign” via Jason Delgado of Florida Politics — Patronis has filed for reelection in 2022, according to Florida Division of Election records. Patronis, a Republican, was appointed to the position in July 2017 by then-Gov. Rick Scott. He defeated Democratic Sen. Jeremy Ring in 2018 for a full four-year term. As CFO, Patronis oversees the Department of Financial Services, serves as the State Fire Marshal, and sits as a Florida Cabinet member. The Department of Financial Services also oversees the state’s insurance department and treasury. According to campaign finance records, Patronis’ political committee, Treasure Florida, has more than $1.6 million on hand.

“Stephanie Murphy’s team registers web domain with statewide appeal” via Jacob Ogles of Florida Politics — A new domain for Murphy’s campaign website may hint at ambitions to seek statewide office. Visitors to StephanieMurphyforCongress.com now get immediately redirected to StephanieMurphyFL.com. That’s a subtle change many visitors won’t notice. But it’s a significant one considering the Winter Park Democrat frequently comes up on lists of potential contenders for Senator or Governor in Florida in 2022. The website change is fairly recent. According to WhoIs records, the domain StephanieMurphyFL.com was registered on Jan. 28, and the last update to the domain status came on Feb. 2.

“Charlie Crist considers run for Governor” via Dave Elias of NBC 2 — Crist is seriously considering running against Republican Gov. DeSantis. “Well, I may. … It’s something I’m giving serious consideration to. A lot of friends have urged me to do it next year,” he said. Crist called it a big decision and explained that he is listening and will likely decide in the Spring one way or another. That could mean running against Nikki Fried first in a primary if she decides to run. “Well, I’m not running, if I do run for Governor, to run against anyone per se,” Crist said. “I would run for Governor of Florida again; if I do, I would run for Florida.”

“Ivanka Trump will not run against Marco Rubio for one of Florida's Senate seats.” via Maggie Haberman of The New York Times

Newly Filed Legislation Would Remove Payment of Fines Requirement for Felon Voting Rights Restoration - Felons would no longer have to pay fines and fees in full to be considered eligible for automatic restoration of voting rights under a bill (SB 1418) filed Thursday in the Senate by Sen. Perry Thurston, D-Fort Lauderdale. Florida voters amended the constitution in 2018 with Amendment 4 to provide for felons to automatically regain the right to vote after their sentence, but lawmakers in 2019 passed enabling legislation that required payment of all outstanding fines and fees first. That law was upheld in an appeals court ruling this past fall. SB 1418

Vote-By-Mail Change Squeaks Through Senate E&E, Backers Force Questions on Why Change is Needed - Florida Senate Republicans agreed Tuesday that Florida's vote-by-mail process worked smoothly in the last election cycle but still needed a change. They want to erase all standing requests for mail-in ballots in 2022 and require voters to start over. The measure making those changes to the system (SB 90) was approved 5-4 in the Senate Ethics and Elections Committee on Tuesday. Miami Herald