Weekly Legislative Update - March 22, 2021

Gov. Ron DeSantis outlined his plans for Florida’s share of federal pandemic relief funds during a Tuesday news conference. The slate includes $260 million for Florida's seaports, $73.2 million to repair the state's unemployment system, $72 million for a "comprehensive integrated behavioral health service” and $50 million for VISIT FLORIDA. It would also dish out a one-time $1,000 payment to first responders — EMTs, law enforcement officers and firefighters — which would cost $208.4 million. “We believe we should recognize their sacrifice over the past year,” he said. The Governor’s plan covers about half of the approximately $10 billion Florida is set to receive through the $1.9 trillion federal stimulus package.

The Senate passed SB 72 by Senator Jeff Brandes relating to COVID-19 liability protections on Thursday but it is different than the House version passed last week.  Instead of bouncing bills back and forth, legislative leaders announced Thursday they have an agreement on COVID-19 liability protections for businesses, nursing homes and other health care providers and that a bill should be headed to DeSantis’ desk late next week. Senate President Wilton Simpson and Speaker Chris Sprowls said the House would accept a proposal (SB 72) that the Senate amended and passed Thursday in a 24-15 vote along almost straight party lines. Sprowls said the House had worked closely with the Senate and that the measure that passed the Senate was a “great product.” … “We anticipate picking up that bill, passing it and getting it to the Governor’s desk as soon as possible,” he said.

The House Commerce Committee on Tuesday voted 23-1 in favor of legislation (HB 329) that would let restaurants continue selling to-go drinks after the pandemic ends. The bill by Rep. Josie Tomkow could help bail out a restaurant industry hit hard by the pandemic-related business closures and slow downs. Approval came after testimony about the possible effects of the bill on people with alcohol addiction, and the possibility that it could encourage drunk driving. Some members of the committee said they thought it could reduce drunk driving by allowing alcoholic drinks to be delivered. The measure has won easy approval from both its assigned House committees and now goes to the floor. 

On the Senate side, Sen. Jennifer Bradley’s SB 148, which passed unanimously through its two committee hearings in recent weeks, was set for its final hearing yesterday in the Senate Rules Committee but was temporarily postponed. The “cocktails-to-go” initiative has the backing of Gov. Ron DeSantis and a number of industry groups who say it provides a critical lifeline to a restaurant industry that has been hit hard by the pandemic.

Bills that would give consumers the right to control how their personal data is shared and sold are moving through the Legislature.

HB 969 by Sarasota Rep. Fiona McFarland and SB 1734 by St. Petersburg Sen. Jeff Brandes would require businesses to publish a privacy policy and, if asked, tell users what data they have on them, how they got it, and how they use it. Consumers could request to have that information deleted or corrected.

With strong support from House Speaker Sprowls and Gov. DeSantis, passage is virtually assured. But there are some vagaries over what kinds of data consumers can clear from tech company caches, and what information is truly private.

Most would agree that credit card numbers, Social Security numbers, and health records are private. Likewise, most would agree that arrests, court judgments, and occupational licensure are public, and the bills do carve out Information collected from federal, state, or local governmental records.

The Florida Capitol is expected to remain largely closed to the public for the rest of the legislative session because of the COVID-19 pandemic, as lawmakers get more comfortable meeting face to face.

Despite new COVID-19 cases trending down from late fall and early winter and the federal government increasing vaccine supplies to the state, Senate President Wilton Simpson, R-Trilby, doesn’t anticipate lifting health precautions before the scheduled April 30 end of the session.

Sen. Joe Gruters of Sarasota, chairman of the Florida Republican Party, was quarantining at home Wednesday after his wife contracted COVID-19. Gruters said he left the state Capitol on Tuesday after learning of Sydney Gruters' diagnosis. Under guidelines followed by the state Senate, Gruters is expected to stay away from the Legislature until at least next week – if he continues to test negative for the virus. "I haven't been hit with it yet," Gruters said. "She wasn't feeling well. I told her, 'It's doubtful,' but I said 'go get tested.' You never know when you're going to get hit with that stuff." Sarasota Herald-Tribune

An effort to abolish the Constitution Revision Commission is now awaiting a vote in its final House committee after an up vote on the idea on Wednesday in another committee. By a 12-4 vote, the House Civil Justice and Property Rights Subcommittee voted to advance the proposed constitutional amendment (HJR 1179) by Lithia Republican Rep. Mike Beltran. Democratic Reps. Mike Gottlieb and Geraldine Thompson joined Republicans in the majority on the vote. Florida Politics  The Senate is set to vote on the same proposal asking voters whether to abolish the Constitution Revision Commission. Senators gave their initial approval ahead of a full vote expected on the measure (SJR 204), by Sen. Jeff Brandes, to repeal one of five methods to amend the Florida Constitution. If the Legislature approves the resolution, the question would appear before voters on the 2022 ballot. The public would need to approve it by a 60% vote. The CRC, created in 1968, meets every 20 years to make changes to the Florida Constitution. The commission met for the first time from 1977 to 1978. It met most recently from 2017 to 2018.

Federal Relief Bill could make COVID budget better than before pandemic.  When Florida lawmakers kicked off the session last week they were concerned with how to close a $2 billion shortfall. Now they're looking at a $10 billion windfall, thanks to the $1.9 trillion federal COVID-19 relief package signed by President Joe Biden on Thursday. Orlando Sentinel

Gov. Ron DeSantis rolled out more fodder for conservatives on Wednesday, when he announced a $106 million “civics literacy” proposal to educate kids --- and teachers --- about the nation’s roots.

Speaking to reporters in Naples, the Republican governor said Florida students should learn about the Cold War, Abraham Lincoln and the country’s “foundational concepts,” not “unsanctioned narratives like critical race theory.”  His proposal would give a $3,000 bonus for Florida teacher but only it they complete training and certification for the “Florida Civic Seal of Excellence” a new civics education program.

Florida’s unemployment rate is now the lowest among any large state in the nation. But the figure, now below 5% for the first time since last March, only tells part of the state’s recovery story. On Monday, the Florida Department of Economic Opportunity said the state jobless rate fell from 5.1% in December to 4.8% in January. That is now the 18th-lowest rate among all U.S. states — and lower than Texas’s 6.8%, Illinois’ 7.7%, New York’s 8.8%, and California’s 9% rates. It is also below the national rate for January of 6.3% and 6.2% for February.

The Miami-Dade County state attorney has charged former Florida Sen. Frank Artiles with election fraud for allegedly propping up a sham candidate in a razor-thin Senate contest in which an incumbent Democrat was ousted by a Republican challenger in November.

Artiles is accused of using a third-party candidate to “confuse voters and siphon votes” from former Sen. Javier Jose Rodriguez, a Miami Democrat who wound up losing to Republican Ileana Garcia by 32 votes.

Below are articles about the subjects mentioned above and more …

Personal Protective Equipment Stockpile Bills Clear House, Senate Committees

Proposals requiring the Division of Emergency Management to maintain stockpiles of personal protective equipment were approved in House and Senate committees Tuesday. The bills would compel DEM to keep PPE around that could be purchased by health care providers at cost, providing a safeguard should pressures like those the state saw earlier in the pandemic recur in the future. Florida Politics

DeSantis Will Use COVID Relief for Bonuses for First Responders

Florida Gov. Ron DeSantis announced plans Tuesday to shore up his state’s emergency management system, as well as give $1,000 bonus checks to the state’s cadre of first responders under a spending proposal to disburse some $10 billion Florida is expected to reap under the latest federal COVID-19 relief bill. The governor said the money would also go to bulk up infrastructure, bolster efforts to fight rising sea levels, and fix the state's unemployment system  Associated Press / News Service of Florida / Politico / Orlando Sentinel 

Physician Assistants Independence Considered

Physician Assistants, or PAs, were left out of a large autonomous practice bill for nurse practitioners last year and were hoping for a more successful session this year. But on Wednesday, the Senate Health Policy committee amended SB 894 to remove the autonomous practice language and instead lift the cap on the number of PAs a doctor can supervise. There was some hesitation from members who were worried about the quality of care Floridians would be receiving, but the proposal passed with a 7-3 vote. The measure has two more committees to clear but similar House versions have yet to be heard. 

Gruters Quarantining After Wife Contracted COVID

Sen. Joe Gruters of Sarasota, chairman of the Florida Republican Party, was quarantining at home Wednesday after his wife contracted COVID-19. Gruters said he left the state Capitol on Tuesday after learning of Sydney Gruters' diagnosis. Under guidelines followed by the state Senate, Gruters is expected to stay away from the Legislature until at least next week – if he continues to test negative for the virus. "I haven't been hit with it yet," Gruters said. "She wasn't feeling well. I told her, 'It's doubtful,' but I said 'go get tested.' You never know when you're going to get hit with that stuff." Sarasota Herald-Tribune

Senate Passes COVID Lawsuit Protection Bill, Leaders Say Deal Reached on Final Measure

Businesses, nursing homes, and other healthcare providers in the state would gain some protection from coronavirus-related lawsuits if they made an effort to follow guidelines to prevent the spread of COVID-19 under a bill (SB 72)  passed by the Senate on a 24-15 vote on Thursday. The House has passed a similar, but narrower, bill (HB 7) but legislative leaders who made the issue a priority said a deal has been worked out to have the House accept the broader Senate bill, which could lead to final passage as early as next week. Miami Herald / Florida Politics / Associated Press / CBS/NSF / Senate Press Release

Bill to Authorize Personal Care Attendants is Moving

A bill to permanently authorize nursing homes to hire personal care attendants in Florida is gaining traction this session. During the pandemic, an emergency order was issued that allowed nursing homes to use personal care attendants in order to alleviate staff shortages. Personal care attendants have less training than Certified Nursing Assistants, or CNAs, but both positions share similar tasks such as dressing and bathing residents. Those in opposition expressed concerns that nursing homes may take advantage of the change by bypassing certain staffing requirements. Both proposals, SB 1132 and HB 485, passed their first out of three committee stops this past week.

• Only about 3 percent of Floridians have missed the second dose of their COVID-19 vaccine, according to a CDC report released Monday. Health News Florida
• Gov. Ron DeSantis said the state will not get a new shipment of the single-shot Johnson & Johnson vaccine for several weeks, and recommended people try to get Pfizer or Moderna vaccines. The governor said he didn't know what the hold-up was on J&J shots coming to Florida. Orlando Sentinel / Florida Politics
• An attempt to revive a mask requirement to fight COVID spread in Sarasota has failed. Herald-Tribune
• Bills (SB 1142, HB 721 ) that declare that the term "anesthesiologist" only applies to a medical doctor  have two more committee stops to clear before they can be considered on the floor. The measure stems from some nurse anesthetists calling themselves "nurse anesthesiologists." Physician anesthesiologists say that could be misleading and confusing for patients.