Legislative Update - October 1, 2021

Legislative Update - October 1, 2021

Keyna Cory | Public Affairs Consultants

Greetings - let’s begin with good news … Walt Disney World turns the big Five-O today, and it’s celebrating in style.  Now on to other news …

Florida Minimum Wage Increasing September 30^th - In 2020 voters approved a Constitutional Amendment that requires the gradual increase of the Florida minimum wage to $15 per hour by 2026. The first increase, as a result of the Constitutional Amendment, will take place on Thursday, September 30th, 2021. The Florida minimum wage will increase from $8.65 to $10 per hour. For the next several years through 2026, the Florida minimum wage will increase on September 30th by $1 until it reaches $15 on September 30, 2026.

Brandes Proposes Constitutional Amendment for Lower 'Training' Minimum Wage for New Employees - Voters would be asked to change the state constitution to allow for a lower "training" minimum wage for people during the first six months of employment under a proposed amendment filed Wednesday in the Senate by Sen. Jeff Brandes. The proposal (SJR 382), if approved by lawmakers and voters, would allow the Legislature to determine a "sufficient minimum training wage rate," that would be below minimum wage. The lower rate could be paid to new employees, but not for more than six months. 

“Controversial pandemic food payments to start Nov. 15” via Anne Geggis of Florida Politics — More than $1 billion in federal pandemic food aid will start hitting needy families’ electronic benefits transfer cards beginning Nov. 15. The state has 2.7 million children who qualify for the food aid payment, which will amount to $375 per child. Three payments that add up to the full payment will be issued over 30 days beginning in mid-November. “Florida is working to expedite the timeline as quickly as possible,” said Mallory McManus, DCF spokeswoman. However, Florida was one of the last to apply for the aid that comes with no strings attached and became available in April.

“Some Florida teachers see $1,000 bonus checks bounce. State blames ‘banking error.’” via Ana Ceballos and Lawrence Mower of the Miami Herald — When dozens of Florida teachers tried to cash their state-issued $1,000 bonus checks this week, they got a startling response: “insufficient funds.” No, the State of Florida hasn’t run out of money. Instead, the bad checks are being blamed on a “banking error” by JPMorgan Chase. Florida Department of Education spokesman Jared Ochs said that checks issued to at least 50 teachers in 22 different counties bounced because of the error. “We apologize for any inconvenience this has caused and are working to correct it, including refunding any fees incurred by the recipients as a result,” Allison Tobin Reed, the bank’s vice president of communications, said in a statement to the Herald/Times.

“Federal approval of additional $1.1B in Medicaid funds ‘imminent,’ top health officials say” via Christine Jordan Sexton of Florida Politics — Florida’s request for an additional $1.1 billion in federal Medicaid funding for the delivery of home and community-based services to the poor, elderly and disabled is “imminent.” But that doesn’t mean the beneficiaries in the program, or the providers caring for them, will be seeing the benefits soon because the agencies don’t have the authority yet to spend the new funding. Agency for Persons with Disabilities Chief of Staff David Dobbs told members of the Developmental Disabilities Council Florida on Friday that the Joe Biden administration’s approval of Florida’s proposal, initially submitted July 12, was about to come through. Kimberly Quinn, with AHCA’s Bureau of Medicaid Policy, agreed with Dobbs though she did note that the approval could be “partial or conditional.”

Report: Florida Could Have Deficit of Nearly 60K Nurses in 2030s - The state is projected to face a deficit of nearly 60,000 nurses by 2035, according to a new report from the Florida Hospital Association and the Safety Net Hospital Alliance of Florida. Tampa Bay Times

Governor …

“DeSantis hikes Surgeon General salary by 72%, as other agency heads get increases, too” via Gray Rohrer of the Orlando Sentinel — Florida’s new Surgeon General received a pay raise of 72% compared with his predecessor, as leaders of several state agencies under DeSantis saw their paychecks grow this week under a hike approved by the Legislature this year. The biggest increase was for Dr. Joseph Ladapo, the new Surgeon General who also runs the Department of Health. Scott Rivkees, the last person in the job, received $145,000 a year, but Ladapo will earn $250,000. Other large increases include Department of Transportation Secretary Kevin Thibault, whose pay rose 36%, from $146,823 to $200,000, and Simone Marstiller, Secretary of the Agency for Health Care Administration, whose salary went up to $200,000 for a 21% increase.

DeSantis Sues Biden Over 'Catch and Release' Policy for Immigrants; Appoints Safety Czar - Gov. Ron DeSantis and Attorney General Ashley Moody on Tuesday announced a lawsuit challenging President Joe Biden's federal immigration policies. DeSantis and Moody said the Biden administration's "catch and release" policy is illegal and will cost Florida millions. "Since President Biden took office – which has been less than one year – the Border Patrol has released nearly a quarter million illegal aliens into the United States," said DeSantis. The governor also issued an executive order barring state agencies from assisting with the relocation of undocumented immigrants arriving in the state and allowing for law enforcement to seize vehicles, including ships and airplanes, if an undocumented migrant is believed to be onboard. Additionally, DeSantis appointed former U.S. Attorney Larry Keefe to be the state's "Public Safety Czar." Keefe was previously nominated by former President Donald Trump to serve for the Northern District of Florida. Politico / Miami Herald / Orlando Sentinel / Florida Politics / The Hill / WESH / WINK / WFLA / Governor's Press Release

DeSantis Orders Investigation of Facebook - Gov. Ron DeSantis on Monday ordered Secretary of State Laurel Lee to begin an investigation of Facebook, alleging the company may have violated Florida election law. DeSantis called for the investigation after the Wall Street Journal published a report claiming the tech company gave preferential treatment to certain users while exempting others. The governor said Facebook interfered with multiple state and local elections by censoring certain political opinions and favoring others. The report said some users were selected to be on a "whitelist," such as incumbent politicians. DeSantis has long been a critic of large social media organizations and signed a bill into law earlier this year that allows Florida to fine social media sites if they censor a statewide candidate's profile, as happened to former President Donald Trump. The legislation was blocked by a federal judge under a ruling that said the bill violated First Amendment rights by requiring companies to host speech that violates their rules. The state is currently appealing the judge's decision. Associated Press / Florida Politics / Bloomberg / Florida Phoenix / Governor's Press Release

Legislature …

The Florida House will largely pack committee and subcommittee meetings into three days when it returns to Tallahassee for a second round of meetings in advance of the 2022 legislative session. The House posted online a  tentative schedule for meetings from Oct. 11 to Oct. 15. The House Public Integrity & Elections Committee and the House Health Care Appropriations Subcommittee are slated to meet Oct. 11, with more than 30 potential meetings spread over the following three days. Among those scheduled meetings is an Oct. 12 gathering of the House Redistricting Committee.

The Senate last week also posted a tentative schedule showing meetings from Oct. 11 to Oct. 15. The House and Senate held a first round of committee meetings last week. In all, lawmakers are expected to hold six weeks of committee meetings to prepare for the 2022 session, which will start Jan. 11.

There will be another week of Committee meetings in October beginning on October 18.

Sen. Jeff Brandes has filed legislation (SB 324) that would rescind the designation of the mockingbird as Florida's state bird.  

COVID-19 …

“After firestorm, Manny Diaz won’t review school vaccine mandates” via Christine Jordan Sexton of Florida Politics — Sen. Diaz insisted Friday there will be no changes to the current list of vaccines required in schools, a move intended to tap down the backlash that flared up after the Hialeah Republican said he was open to reviewing them. Diaz, chairman of the Senate Health Policy Committee, suggested it was time to look at school vaccine mandates during a Florida Politics interview discussing his plans for the upcoming 2022 Legislative Session beginning in January. But in a statement to Florida Politics on Friday, Diaz said: “I in no way, shape, or form intend to change the existing vaccination statutes for Florida schoolchildren.”

New COVID Case Average Lowest in Over Two Months - Florida reported more than 5,800 new COVID-19 cases on Wednesday, but the 7-day average for new cases dropped below 6,000 for the first time in 77 days. Sun Sentinel 

As of yet, Florida hasn't issued any fines under its law banning businesses from requiring proof of COVID vaccination, but more than 40 businesses are under investigation for violating the ban. Orlando Sentinel

“Florida purchases GlaxoSmithKline monoclonal antibody as federal reduction continues” via Renzo Downey of Florida Politics — The DeSantis administration has purchased 3,000 doses of GlaxoSmithKline’s monoclonal antibody treatment after the Biden administration reduced the federal supply of Regeneron’s version of the coronavirus-fighting drug by more than half. DeSantis told reporters the state would soon receive that shipment and could use it to offset the declining federal distributions. The news comes eight days after DeSantis met with leadership from GlaxoSmithKline. Because the federal government purchased the Regeneron and Eli Lilly treatments, those have been free for states and individual health care facilities to draw down. Purchasing GSK’s cocktail currently is coming out of Florida’s pocketbook.

“Florida’s new school quarantine rules create division and worry” via Leslie Postal of the Orlando Sentinel — Florida’s new, relaxed school quarantine rule was quickly adopted in Central Florida’s public schools this week, delighting those who worried that under the old guidelines, healthy children were missing school but frustrating those who fear COVID-19 will now spread more easily on campuses. Florida’s new Surgeon General Wednesday signed an emergency rule doing away with required quarantines for students exposed to someone who tested positive for the virus. Parents can now decide if their children are asymptomatic and if they quarantine or go to school, it said.

Duval School District Challenging DOH Over New COVID-19 School Order - The Duval County School Board voted 4-3 this week to allow the school district's attorneys to pursue litigation over the Florida Department of Health's revised emergency order on COVID mitigation. The updated rule requires schools to include a parental opt-out for students if the district imposes a mask mandate. Additionally, the new rule allows parents to decide whether children exposed to COVID-19 should return to school if asymptomatic. If legal action is taken, county lawyers said their argument would center around state overreach, lack of public notice and improper use of the regulatory process. WJCT / Florida Times-Union

U.S. Education Secretary Miguel Cardona said Florida's new rules on students returning to school after contact with someone infected with COVID is "dangerous" and "irresponsible." Miami Herald / Spectrum News 13 

“Demand for unapproved COVID-19 drug ivermectin in Florida creates conflicts and waiting lists” via David Fleshler and Cindy Krischer Goodman of the South Florida Sun-Sentinel — As the delta variant of COVID-19 burns through Florida, demand has soared for the controversial drug ivermectin. Driven by suspicion of mainstream medicine, particularly among political conservatives, COVID-19 patients are competing for scarce supplies of this once-obscure remedy for head lice and parasitic worms. Large chain pharmacies are refusing to fill prescriptions for a drug that the FDA says hasn’t been shown to be effective against COVID-19. Mail-order suppliers are running out of pills and setting up waiting lists. Even feed stores, where the veterinary version of the drug had been a risky choice of last resort, are exhausting their inventories.

“Central Florida hospitals champion COVID-19 shot, but even some health care workers resist” via Skyler Swisher of the Orlando Sentinel — Orlando Health estimates nearly one-in-three of its employees are unvaccinated more than nine months after the shot first became available to health care workers. About half of staff members at Florida nursing homes haven’t gotten a shot. That puts patients at risk because unvaccinated people are more likely to catch COVID-19 and spread it to others, said Dr. Bernard Ashby, a Miami cardiologist and Florida state lead for the Committee to Protect Health Care. “I strongly believe if you are working around vulnerable patients, you should do whatever it takes to protect them,” he said. “If you’re unwilling to do that, you shouldn’t be a health care worker.”

“Charlie Crist wants new Surgeon General fired over new COVID-19 rules” via Anne Geggis of Florida Politics — It’s only Ladapo’s second day as Florida’s Surgeon General and Crist already wants him removed for what he calls a “reckless” order that leaves it up to parents whether their COVID-19-exposed child should stay home from school. Crist hosted an online event Thursday with school officials, parents, and a teacher to decry the action, which he says is going to remove a layer of protection for the most vulnerable children, many of them who are too young to get vaccinated against COVID-19. He pointed out that Ladapo’s emergency rule is written so that even students who test positive for COVID-19 can go to school, as long as they have a doctor’s note. Overall, the order strips schools of the ability to tell students to stay home.

“CDC chief had nurses in mind with surprise booster pivot” via Josh Wingrove and Shira Stein of Bloomberg — It was up to CDC director Rochelle Walensky to sort out a crucial question: which Americans should be the first to get COVID-19 booster shots. And there was little consensus. The CDC’s Advisory Committee on Immunization Practice on Thursday voted narrowly to restrict eligibility for boosters of the Pfizer Inc.-BioNTech SE shot authorized by the FDA. Walensky had a choice: side with the advisers, citing the paucity of data on whether younger, vaccinated adults are truly at risk of severe breakthrough cases of COVID-19. Or overrule them and err on the side of boosters for front-line health workers and others.

State Government Workers Feeling Impact of COVID - From the Department of Corrections, which is closing three state lockups because of a lack of staff, to DHSMV, where workers have complained they aren't told for weeks after colleagues have tested positive for COVID, state workers are feeling the impacts of the now-18 month pandemic. Tampa Bay Times-Miami Herald

Elections …

“DeSantis pulls ahead of 2024 GOP pack as Florida’s COVID-19 cases fall” via Marc Caputo of POLITICO Pro — In a theoretical primary without Trump on the ballot, DeSantis leads Mike Pence by 22-15%, with all other possible contenders relegated to the single digits, the new national survey of Republicans by Echelon Insights, a GOP polling firm. DeSantis’s seven percentage-point lead over Pence has grown from two in Echelon’s last poll in August, which was conducted at the height of the coronavirus Delta wave swamping Florida, killing and sickening tens of thousands as the Governor fought mask requirements for schools, a federal vaccination mandate and vaccine passports. In Echelon’s July poll, DeSantis led Pence by 15 points.

“GOP tries to bring in Puerto Rican voters” via Steven Lemongello of the Orlando Sentinel — Every two years Florida Democrats and independent progressive groups have talked about how they’re going all-out to register Hispanic voters, especially Puerto Ricans, and get them to the polls. And every two years, they look back on the disappointing results and promise to do better the next time around. Republicans made gains with the Puerto Rican community in 2018 and especially in 2020. Now, a year out from the Governor, U.S. Senate and congressional elections in 2022, Democrats are on the verge of losing their long-held registration advantage over Republicans in Florida. Many Democrats had assumed that the influx of Puerto Ricans to Florida following the devastating Hurricane Maria in 2017 would help the party in the upcoming elections.

Gov. Ron DeSantis deflected talk of his plans for 2024, saying the presidential race "is not anything that I'm planning for" right now and is "way down the road." Florida Politics

Redistricting - These three congressional districts are among the most likely to change significantly as lawmakers redraw political boundaries. Daytona Beach News-Journal