Legislative Update - September 10, 2021

Although it was a short week, a lot happened in Florida including a storm!  Tropical Storm Mindy made landfall along the Gulf coast near Mexico Beach Wednesday, with sustained winds over 45 mph.

“USF new home for tracking Florida nursing shortages” via Jorgelina Manna-Rea of WUSF — The Florida Center for Nursing will reopen at the University of South Florida in Tampa, with a mission of tracking nursing shortages across the state and finding ways to improve those numbers. In its 2019 annual report, the center said the state was experiencing a “critical shortage of registered nurses, licensed practitioners, and many other health occupations.” Although the center hasn’t had the resources to assess the shortage recently, USF College of Nursing Dean Usha Menon said the problem is still evident. “As you talk to area employers, anecdotally, we keep hearing that there is a tremendous shortage,” said Menon.

Anti-riot law struck down … On Thursday, Chief U.S. District Judge Mark Walker said a key portion of Florida’s anti-riot law is too vague “to the point of unconstitutionality” and temporarily blocked law enforcement officers from enforcing it.  The controversial state law enhances penalties and creates new crime in protects that turn violent.  The legislation was a priority issue of Governor Ron DeSantis and the Florida Legislature.

“Florida schools can mandate masks after judge blocks Ron DeSantis ban” via John Kennedy of USA Today Network — A Florida judge Wednesday blocked DeSantis’ ban on mandatory masks at schools from remaining in effect while he appeals an earlier ruling that struck down his order. Circuit Judge John Cooper approved a request by lawyers for parents suing DeSantis over masks, endorsing their position that keeping the ban in place would create a potential health risk in schools. Throwing out the automatic stay of his earlier order is unusual, Cooper conceded. But he added, “We’re not in normal times. We’re in a pandemic.”

Hours after a Leon County circuit judge allowed school districts to continue student mask requirements, Gov. Ron DeSantis’ administration Wednesday night filed an emergency motion asking an appeals court to reinstate a stay.

Feds to Offer Money to Back School Districts with Mask Requirements - The U.S. Department of Education on Thursday announced a new grant program designed specifically to cover any fines or withheld funds school districts face because of mask rules. Several county school districts in Florida are facing the possibility of losing out on state money as a result of defying an order by Gov. Ron DeSantis that they not require masks in schools. The grant is called Project Safe. According to a memo published on Thursday, the U.S. Secretary of Education said the federal grant money would be sent directly to local school districts – bypassing state officials. Wrangling over the mask mandates continues, however, in both state and federal courts. Miami Herald / Orlando Sentinel / Tampa Bay Times 

Affordable housing ballot initiative dropped … The Florida Realtors have abandoned their 2022 ballot initiative to create more affordable housing.

The announcement sent shockwaves through Tallahassee and beyond. After all, the Realtors had already put over $13 million into the political committee backing the effort.

Sources familiar with the Realtors’ decision-making process said the group ultimately did not have the stomach to go head-to-head with Republican legislative leadership who had openly criticized the effort as a “self-serving, special interest agenda.”

Chris Sprowls commissions study to determine possible pitfalls facing Florida — In April, House Speaker Chris Sprowls greenlit a $2 million risk assessment study to determine what could cause the next financial disaster in Florida. As reported by Gary Fineout of POLITICO Florida, the “profile of the state’s biggest risks” is being prepared by Willis Towers Watson, a global advisory firm, which will survey state agencies and private businesses to suss out potential future challenges. The final report will also include an overview of past financial crises in the state and rate the state’s “vulnerability to shocks.” Sprowls said, “From a government perspective, this is our desire to say ‘let’s get ahead of that problem’ … Even if they aren’t the problems on the nightly news, they are wildly important to the state of Florida.”

Interim committee meetings coming up … Lawmakers are expected to hold six weeks of committee meetings to prepare for the 2022 session.  The first round of meetings begin next week.  The Florida House has scheduled committee and subcommittee meetings over four days this month, including initial meetings about redrawing political boundaries. The meetings are slated to be held from Sept. 20 to Sept. 24, according to a document posted on the House website. The House Redistricting Committee is scheduled to meet Sept. 22, with the Congressional Redistricting Subcommittee and the State Legislative Redistricting Subcommittee meeting Sept. 23. The once-a-decade reapportionment process will be a major issue during the 2022 legislative session, which will start in January. Newly drawn congressional and legislative districts will be used in the 2022 elections. The Senate had earlier posted a schedule of meetings from Sept. 20 to Sept. 24.

Elected education commissioner proposed … A House Democrat on Thursday filed a proposed constitutional amendment that would lead to an elected education commissioner who would serve on the Florida Cabinet. Rep. Fentrice Driskell, D-Tampa, filed the measure (HJR 77) for consideration during the 2022 legislative session, which will start in January. Under the proposal, the education commissioner would join the attorney general, agriculture commissioner and chief financial officer as Cabinet members. The governor would appoint the education commissioner for a term starting June 1, 2023, and ending Jan. 4, 2027. Starting with the November 2026 elections, the education commissioner would become an elected position, like the current Cabinet offices. The education commissioner in the past was an elected Cabinet position, but a 1998 constitutional amendment reduced the size of the Cabinet and made the commissioner an appointed post. Driskell's proposal would have to be approved by the Legislature and 60 percent of Florida voters.  Senator Janet Cruz (D) will file the Senate bill.

Florida jobless claims below 6,000 last week - The U.S. Department of Labor on Thursday estimated 5,814 initial claims were filed in Florida during the week that ended Sept. 4, down from a revised count of 9,700 during the week that ended Aug. 28.

OSHA Emergency Temporary Standard (ETS) on COVID vaccinations - The Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. OSHA will issue an Emergency Temporary Standard (ETS) to implement this requirement. This requirement will impact over 80 million workers in private sector businesses with 100+ employees.

https://www.whitehouse.gov/covidplan/

More COVID-19 news …

Gov. Ron DeSantis promoted the success of Florida’s 25 state-run monoclonal antibody treatment centers Thursday, announcing a drop in COVID-19 hospitalizations. Governor's Press Release

More than 1 Million Got COVID in Florida this Summer - Since Memorial Day, more than 1 million people have contracted the COVID-19 virus in Florida, a surge in infections from the delta variant of the virus that looks to be easing as summer ends. In the same time frame, more than 9,400 new COVID deaths have been recorded in the state. Florida Politics 

“Florida’s summer surge of COVID-19 worse than any Democratic-led state” via Scott Powers of Florida Politics — Those include the nation’s most populous state, California, and, in descending order of population, New York, Illinois, New Jersey, Virginia, Washington, Colorado, Oregon, Connecticut, Nevada, New Mexico, Hawaii, Maine, Rhode Island, and Delaware. Some had tragically bad COVID-19 outbreaks in 2020. Some had horrible outbreaks this past winter. None of them, though, saw a summer surge as widespread or deadly as Florida’s. While Oregon is among the hardest-hit Democratic states this summer, CDC data shows it remains well behind Florida in new COVID-19 cases per capita, hospital loads, and deaths per capita in recent weeks. No Democratic-controlled state has struggled with nearly as many new COVID-19 cases per capita as Florida. And none saw hospitals burdened nearly as much with COVID-19 patients as Florida.

“Florida’s long, hot, ‘sad’ COVID-19 summer” via Scott Powers of Florida Politics — The delta variant of COVID-19 hit Florida hard, harder than any other state except possibly Louisiana, catching off guard a Sunshine State that began the summer confident the pandemic was in the rearview mirror. Since Memorial Day, more than 1 million Floridians have come down with COVID-19. Since Memorial Day, the Florida Department of Health has reported 9,455 deaths from COVID-19. Until Memorial Day, it was known as the variant from India. It was May 31 when the World Health Organization dubbed it delta. By then, DeSantis had effectively ended the emergency, at least as far as the state was concerned. "I think it’s a really sad thing," DeSantis said of the rising death toll last week.

“In Florida, new COVID-19 cases have dipped among adults but not for people under 20” via Daniel Chang of the Miami Herald — Over the past two weeks, Florida’s health department has reported a downturn in new cases of COVID-19 among nearly every adult age group while hospitalizations for the infectious disease also have declined, positive indicators that the state may have turned the corner on the latest wave of the pandemic. Still, new cases and hospitalizations in Florida are at their highest since last winter. For at least one group of Floridians, the pandemic is still surging: People under 20, who made up nearly 1 in 3 of all new COVID-19 cases during the week ending Aug. 26.

“Ron DeSantis rebukes vaccine passports: I don’t want ‘two classes of citizens’” via Renzo Downey of Florida Politics — DeSantis championed himself Friday as Florida’s defender against a “biomedical security state.” Speaking to reporters in Pensacola, the Republican Governor mounted yet another offensive against vaccine passports. Florida will soon levy a fine on businesses, schools and government agencies that require visitors to show proof of vaccination. The $5,000 fines will begin on Sept. 16. When asked by a reporter about the rights of business owners, DeSantis portrayed vaccine passports as the foundation of a “biomedical security state.” While other states like New York have instituted mandatory vaccine policies, DeSantis maintains they are ideologically and medically fruitless.

“Florida school mask debate headed for appeals court battle” via Curt Anderson of The Associated Press — The battle over mask requirements to guard against coronavirus in Florida schools headed for a new legal phase Friday following an appeal by Republican DeSantis of a judge’s ruling that a blanket ban on mask mandates exceeds the state government’s authority. The case heads next to the 15 judges on the 1st District Court of Appeal in Tallahassee and could ultimately wind up in the state Supreme Court. The issue is whether the freshly minted Parents Bill of Rights law means parents have sole authority to decide if their child wears a mask or permits a school board to impose a broad mask requirement.

Tallahassee Judge John Cooper has scheduled a hearing for Wednesday on a request by plaintiff parents in a lawsuit over school masks that he allow boards to require masks as the case goes through the appellate process. Associated Press / Capitol News Service

Judge Says State Can't Enforce Ban on Mask Requirements While Legal Case is Decided - The DeSantis administration can't enforce a ban on local communities requiring masks be worn in schools to reduce the spread of COVID-19 while an appeals court sorts out whether the ban is ultimately legal. Leon County Judge John Cooper on Wednesday lifted a stay on his ruling from last week that had found the state's position unenforceable. Gov. Ron DeSantis and the state health and education agencies have banned local school districts from putting mask mandates in place, saying they infringe on the rights of parents to make medical decisions for their children. More than 10 local school districts have put mask requirements in place anyway, arguing the threat to other students' health from unmasked people during a surge in the virus is a compelling interest for local officials. Cooper said the evidence before him in a lawsuit brought by parents challenging the DeSantis administration's ban is that wearing masks does provide some protection for children in crowded school settings, particularly those under 12 who can't yet be vaccinated. The case has been appealed by the state and now is before the 1st District Court of Appeal in Tallahassee. Associated Press / Orlando Sentinel / USA TODAY Network / Sun Sentinel / Miami Herald / Politico / Florida Politics / The Hill / Washington Post / WPTV

“Miami-Dade Mayor’s father, 87, dies of COVID-19. ‘We are just one more family affected.’” via Douglas Hanks of the Miami Herald — Paul Levine, a retired globe-trotting paper executive who saw his oldest daughter elected the first female Mayor of Miami-Dade County, died Thursday from complications related to COVID-19, Mayor Daniella Levine Cava said. He was 87 and fully vaccinated. “It just goes to show this new variant is so pernicious when you’re vulnerable,” said Levine Cava, who also contracted COVID-19 in the fall of 2020. “We are just one more family affected by COVID.”

“How many people have died of COVID-19 in Palm Beach County? The state won’t tell you” via Frank Gluck and Chris Persaud of The Palm Beach Post — For those wanting to know how many people are dying every day in their own communities, good luck. The state of Florida won’t say. Nor will most local public health officials. At least one county acknowledged it doesn’t know. Federal websites show either incomplete or inconsistent data for Florida's counties. We know that Florida last week reported 2,345 COVID-19 deaths for the state. But, almost uniquely throughout the United States, Florida has not reported deaths at the county level for three months. The intensity of this worst wave of the pandemic in a given locale is anyone’s guess.

“Kelly Skidmore joins doctors in dumping on Gov. DeSantis’ COVID-19 leadership” via Ryan Nicol of Florida Politics — A group of doctors from across the state joined members of the Florida Democratic Party Thursday to rip DeSantis’ COVID-19 policies as the state comes off its worst outbreak since the pandemic began last year. Democratic Rep. Skidmore joined three doctors Thursday for a virtual news conference criticizing DeSantis, as well as Republican U.S. Sen. Marco Rubio, for the GOP’s leadership in the state. Both DeSantis and Rubio are up for reelection next year. “This is the kind of crisis that requires strong leadership and an end to the political games we’ve been seeing playing out through the past year-and-a-half,” Skidmore said, before highlighting a list of policy proposals which have been used to contain diseases in the past.

“Tom Brady says he contracted COVID-19 shortly after Tampa Bay Buccaneers' Super Bowl parade” via Jenna Laine of ESPN — The Tampa Bay Buccaneers quarterback not only had a scare last year when both of his parents tested positive for COVID-19 — he himself was diagnosed with it too in February. In February, Brady revealed that he tested positive for the virus, just after the Bucs' Super Bowl boat parade. Brady also said that he believes the coronavirus will be even more of a challenge this year, despite the Bucs now having a 100% vaccination rate — becoming just the second NFL team to reach that threshold, behind the Atlanta Falcons.

Legislative …

“Florida’s budget ‘in great shape’ as revenue beats pre-COVID-19 marks” via Renzo Downey of Florida Politics — Florida’s budget is in great shape despite initial projections, according to legislative budget leaders. Last year, state budget leaders expected Florida to face lingering effects of that summer’s drastic COVID-19 recession for years to come. But the state now looks like it has more than recovered. Speaking Friday at the Joint Legislative Budget Commission, House budget leader Jay Trumbull credited Florida’s swift reopening and history of prudent budgeting for getting the state’s finances back on track and even above pre-pandemic estimates. All three years in the budget projection the Commission approved Friday show significant signs of improvement.“

“Florida Senate will be open to public despite surge in COVID-19 numbers” via CBS Miami — With committee meetings starting this month in advance of the 2022 legislative session, the Florida Senate is not planning to limit public access as the state continues battling the COVID-19 pandemic. Senate President Wilton Simpson sent a memo Friday to senators acknowledging questions about COVID-19 protocols. “At this point, I anticipate the Senate will remain open to visitors during our interim committee weeks,” the memo said. During the 2021 session, the Senate took a series of steps, including preventing members of the public and lobbyists from attending committee meetings in person, to try to stem the spread of COVID-19.

“Chris Sprowls rolls out updated House committee assignments” via Renzo Downey of Florida Politics — Sprowls on Friday issued committee and subcommittee assignments for the 2022 Session. Sprowls’ announcement to members provided the full committee assignment lists for 39 committees and subcommittees. The list is largely the same as last year’s but contains a handful of changes, including assignments to the three redistricting committees and subcommittees. As before, Sprowls noted that he attempted to accommodate all members’ preference requests. After Democrats make their ranking leader recommendations, that information will go live on the House website. The Speaker announced changes to his leadership team on Thursday.

“Sprowls names new committee Vice Chairs for 2022 Legislative Session” via Florida Politics — Sprowls also made some switches to Vice Chairs and committee memberships on Friday. On tap to be Vice-Chair of the Pandemics & Public Emergencies Committee is Rep. Mike Caruso. He’ll be No. 2 to future House Speaker Danny Perez, named chair of that committee. Five Appropriations subcommittees are getting new Vice-Chairs. Under the Judiciary Committee umbrella, Rep. Mike Beltran will serve as the second in command for the Civil Justice & Property Rights Subcommittee. At the same time, Rep. Spencer Roach will be the new Vice-Chair for the Criminal Justice & Public Safety Subcommittee.

“Tyler Sirois, Cord Byrd heading Florida House’s redistricting subcommittees” via Jacob Ogles of Florida Politics — Sprowls rounded out his chamber’s redistricting team Thursday. Rep. Sirois will head the Congressional Redistricting Subcommittee, while Rep. Byrd will chair the State Legislative Redistricting Committee. Rep. Tom Leek had already been tapped to head the full Redistricting Committee in the House. The assignment of Sirois and Byrd means the Space Coast and Northeast Florida will boast outsized pull drawing maps for Florida’s soon-to-be 28 congressional districts and its state House and Senate seats.

Simpson, Sprowls Name Redistricting Committee Leaders, Members - Senate President Wilton Simpson and House Speaker Chris Sprowls have named the leaders of the redistricting committees that will redraw the state's political boundaries during the upcoming legislative session. In the House, the overall Redistricting Committee chairman will be Rep. Tom Leek, R-Ormond Beach. Rep. Tyler Sirois, R-Merritt Island, will lead the subcommittee dealing with congressional redistricting. Rep. Cord Byrd, R-Neptune Beach, will head the subcommittee responsible for redrawing legislative districts. In the Senate, Simpson had previously announced that Sen. Ray Rodrigues, R-Estero, will be chairman of the Committee on Reapportionment. Sen. Jennifer Bradley, R-Orange Park, will chair the Select Subcommittee on Congressional Reapportionment and Sen. Danny Burgess, R-Zephyrhills, will head the Senate's Select Subcommittee on Legislative Reapportionment. Sprowls Memo / Simpson Memo 

“Wilton Simpson strips Lauren Book of key committee chair” via Christine Sexton of Florida Politics — Simpson on Thursday removed Democratic Sen. Lauren Book as chair of a key committee that could consider legislation that would further restrict abortion in Florida. Book has recently been critical of plans by Simpson and other Republicans to consider abortion bans similar to the one enacted by Texas. Book had been the head of the Senate Children, Families and Elder Affairs Committee since the 2018 Legislative Session. Simpson replaced her with Sen. Ileana Garcia. In a memo to senators Thursday, Simpson said he stripped Book of her committee chair because she also serves as Senate Minority Leader, a post that requires a time commitment.

“Sprowls taps Erin Grall to take the lead on abortion legislation” via Christine Jordan Sexton of Florida Politics — Sprowls said this week that Rep. Grall, a Republican lawyer from Vero Beach, will take the lead on anti-abortion legislation for the 2022 Legislative Session. Sprowls has not said whether his chamber will move legislation modeled after a Texas law prohibiting abortions after a fetal heartbeat can be detected, usually at about six weeks of pregnancy, or, instead, advance some other proposal such as banning women from obtaining abortions because their fetuses will have a disability or a potential disability. The House on April 23 passed Grall’s  HB 1221, the so-called disability abortion bill. The vote drew praise from the Susan B Anthony List, a national anti-abortion group. Ultimately, though, the bill died after Sen. Lauren Book refused to consider the Senate counterpart.

Senate Republican Leader Debbie Mayfield has called a meeting of the Republican Caucus to be held on October 19, 2021, at 3:00 p.m., in the Senate Chamber, for the purpose of selecting Senator Kathleen Passidomo as the President-Designate for the 2022-24 Legislative Term.

Elections …

“Democrats say DeSantis stumble gives hope, but campaign needs work” via John Kennedy of USA Today Network — With recent polls showing DeSantis losing support among Floridians as the COVID-19 pandemic continues to surge, Florida Democrats sense a political opening. But DeSantis’ stumbles also are being greeted with a cold dose of reality among Democrats exiled from state leadership for more than two decades and dealing with a host of internal problems. Still, voters give DeSantis middling approval ratings and are similarly mixed about reelecting him next year. The findings encourage his opponents. With a third Democrat looking poised to enter the Governor’s race this month, activists acknowledge that beating DeSantis will happen only with a full-cylindered effort by a party whose history shows it more often sputters to the finish line on Election Day.

“DeSantis net approval falls 14 points among Florida voters as COVID-19 cases soar” via Jesse Scheckner of Florida Politics — DeSantis’ popularity among Florida voters is waning as COVID-19 continues to rip through the state, according to newly published polling results showing he’s suffered a double-digit drop in approval since July. A Morning Consult survey of nearly 4,200 voters in the Sunshine State revealed the pronounced negative shift in public perception of the first-term Florida Governor, who over the last two months has overseen an unprecedented surge in COVID-19 cases. During that time, his net approval rating, the share of voters who approve of his job performance minus the share who disapprove, fell 14 percentage.

“GOP megadonor gives DeSantis a pass on immigration — and tons of cash” via Matt Dixon of POLITICO — Billionaire GOP donor David MacNeil has said his political checkbook is closed to Republicans who oppose immigration reforms. But he’s making an exception for Gov. DeSantis. MacNeil, who founded Illinois-based WeatherTech but now lives in Florida, told POLITICO in 2018 that he would stop donating to GOP opponents of the Obama-era Deferred Action for Childhood Arrivals program, which grants protection from deportation to more than 600,000 young immigrants brought to America as children. Florida is home to over 24,000 DACA recipients, the fifth most of any state in the country.

DeSantis to headline Nebraska Steak Fry — DeSantis will be among a trio of potential 2024 GOP presidential contenders headlining the annual Nebraska Steak Fry next week. The annual event, held by Ricketts, celebrates the state’s agriculture industry. Former Vice President Mike Pence and Texas Sen. Ted Cruz are also on the guest list. If Donald Trump does not run in 2024, both men — along with DeSantis — are among the top-tier potential candidates in early Republican presidential primary polls. The event will be held Sept. 12 at Arbor Lodge Historical Park in Nebraska City.

“Wilton Simpson makes bid for Agriculture Commissioner official” via Ryan Nicol of Florida Politics — Simpson officially filed for a chance to become the state’s next Agriculture Commissioner, ending months of speculation surrounding his plans following his final Senate term. Simpson has long been rumored to want to mount a run for Agriculture Commissioner. Simpson earned much of his fortune in the farming industry before joining the Legislature. Simpson will enter the contest as a favorite to earn the GOP nomination. Simpson will have a decade of experience in that body to tout, including his current term as the 2020-22 Senate President. In addition, he has already secured the endorsement of former President Donald Trump.

“Ashley Moody starts reelection bid in a strong position” via Kevin Derby of the Florida Daily — While it did not get much attention, state Attorney General Moody formally kicked off her bid for a second term. It’s easy to lose sight of Moody as the likes of Gov. DeSantis, Sens. Marco Rubio and Rick Scott and Rep. Matt Gaetz garner the headlines. But she has been a consistent conservative since winning office in 2018, working with other Republican attorneys general on several high-profile cases. So far, there aren’t any Democrats in the race though Panhandle lawyer Daniel Uhlfelder, best known for dressing up as the Grim Reaper, and State Attorney Andrew Warren have garnered some buzz.

“Democrats see consequences from redistricting reform push” via The Associated Press — Democrats argue that the once-a-decade process of redrawing political maps shouldn’t be a partisan cage match. In the name of good government and balance, they’ve pushed for independent commissions to do the work of rebalancing population changes into congressional districts. They’re about to feel the consequences of their focus on fairness. In Democratic-controlled Colorado, Virginia and Oregon, new congressional maps drawn by commissions or bipartisan power-sharing agreements are unlikely to give the party the sort of political advantages it could have otherwise enjoyed. Republicans, meanwhile, haven’t given up their power, controlling the process in 20 states, including Florida, Texas and North Carolina.

Sprowls not running … With speculation mounting over Florida House Speaker Chris Sprowls’ political future, Politico landed an exclusive interview, where the presiding officer once again repeated, he’s “not contemplating anything.” Some anticipated the Pinellas  County Republican to launch a campaign for Florida’s 13th Congressional District, the seat Charlie Crist is vacating, and where no Republicans have currently filed. Running for Congress would require a concerted effort to build a campaign war chest, and the House Speaker made clear he intends to keep his focus squarely on governing. “I have every intention of running through the tape and no intention on running for Congress."

“Dems gave $700K to dark-money group that helped Republicans win races in ‘ghost’ candidate scandal” via Jason Garcia and Annei Martin of the Orlando Sentinel — The dark-money nonprofit that worked with Republican strategists last year to promote spoiler independent candidates in important state Senate races also raised more than $700,000 from organizations controlled by Democratic fundraisers. The nonprofit, Grow United Inc., which is based out of a UPS Store in Denver, provided more than half a million dollars last fall that Republican strategists used to advertise little-known independent candidates who did no campaigning of their own in three key Senate elections, one in Central Florida and two in South Florida.

Other health news …