Legislative Update - October 16, 2021

The Florida Legislature ended this week’s interim committee meetings Thursday afternoon.  They will return next week for another round.

As Florida lawmakers prepare to draw up a new budget, they continue to get a boost from residents and tourists spending money.

A report released Monday showed that Florida collected $327.9 million more in general revenue in August than had been projected. Much of the bump, $248.2 million, came from higher-than expected sales-tax collections.

“August collections reflect activity that largely occurred in July, which continued to benefit from the most recent round of stimulus checks to households, redirected spending from the hard-hit service sector and some consumers’ ability to draw down atypically large savings that built up during the pandemic,” said the report from the Legislature’s Office of Economic & Demographic Research.

General revenue is the most closely watched part of the state budget, as it plays a critical role in funding schools, health care and prisons. It comes into the state’s coffers from myriad sources, such as sales taxes, documentary stamp taxes on real-estate transactions and corporate income taxes.

Economists from the governor’s office and the Legislature meet periodically to update general-revenue estimates, which are then used by lawmakers in making budget decisions. With Monday’s report, Florida has topped forecast numbers for 13 straight months, coming out of the economic destruction caused by the COVID-19 pandemic in spring 2020.

In the latest estimates, the state was expected to bring in slightly more than $2.7 billion in general revenue in August. It collected about $3.028 billion, according to the report.

The largest chunk of general revenue collected during the month, nearly $2.44 billion, came from sales taxes. The next largest amount was $154.6 million in documentary-stamp taxes, $23.6 million above estimates.

The state also collected $67.8 million in corporate income taxes, $16.8 million above estimates, according to the report.

Lawmakers have started holding early meetings to work on budget issues in advance of the 2022 session, which begins in January. During the session, the House and Senate will negotiate a budget for the 2022-2023 fiscal year, which will start in July.

The Senate Appropriations Committee on Thursday is slated to receive a presentation from Amy Baker, coordinator of the Office of Economic & Demographic Research, about what is known as a long-range financial “outlook” that includes projections of revenues and expenses.

While the state is bringing in more money than expected, it also faces rising costs. As an example, enrollment in the Medicaid program has increased by more than 1 million people to a total of about 4.9 million during the pandemic. That puts additional pressure on the program, which is jointly funded by the state and federal governments.

EDR: Nearly 8 Out of 10 Jobs Recovered - State economists told the Senate Appropriations Committee on Thursday that Florida has regained 77% of the jobs lost during the height of the COVID-19 pandemic. New estimates from the latest Long-Range Financial Outlook report published in September show an increase in general revenue estimates by more than $1 billion per year through the 2024-25 fiscal year. Office of Economic and Demographic Research coordinator Amy Baker said there is no concrete reason as to why some workers are not returning to the job market but she believes low wages play a factor in their decision. Baker also told lawmakers that the new gaming compact recently passed by lawmakers is expected to make the state at least $2.5 billion in its first five years. Florida Politics

COVID-19 …

Senate Health Policy Committee Gets COVID Update: Hospitalizations Down But Staffing Shortages Remain - The Florida Department of Health and the Agency for Health Care Administration briefed the Senate Health Policy Committee on Wednesday on the state's progress fighting COVID-19. Senators were told that hospitalizations are down but the nationwide health care staffing shortage remains the biggest concern for hospitals and long-term care facilities in Florida. Agency leaders also reported that Miami-Dade County has the highest vaccination rate in the state at 92%. However, committee chair Sen. Manny Diaz – who represents part of Miami-Dade – emphasized his opposition to vaccine mandates. Florida Politics 

“Florida Senate looks to address Covid-19 pandemic nursing shortage through higher education” via Arek Sarkissian — Florida Hospital Association President and CEO Mary Mayhew told lawmakers that droves of nurses are leaving hospitals for more lucrative work with nationwide staffing agencies. Others left the profession over the pandemic due to burnout. “We had a workforce shortage prior to the pandemic,” Mayhew said. “The pandemic has been like a gasoline can over that fire.” Mayhew also said the state could widen the pipeline of newly trained nurses by making changes to existing university nursing programs.

Florida nursing schools need more funding, faculty to prevent a nearly 60,000 nurse shortfall by 2035, FHA report says - “A 2018-19 survey by the Florida Center for Nursing found that many nursing programs didn’t have the resources or funds to expand, and couldn’t find enough faculty or clinical sites even when they could.“
https://www.orlandosentinel.com/health/os-ne-health-florida-60000-nursing-shortage-schools-rn-20211013-mlxtagfftjckbbhi23mvywzoyy-story.html

“Ron DeSantis worries vaccine mandates could make hospitals ‘hemorrhage’ nurses” via A.G. Gancarski of Florida Politics

Dr. Anthony Fauci, the leader of the federal government's response to the coronavirus pandemic, says it is safe for Americans to enjoy Halloween this year. He is still urging unvaccinated people to get the shot but with COVID-19 cases decreasing, he said families should not be scared to go trick-or-treating – especially if they're vaccinated. Associated Press

Health Care Agencies Before House Committee Today to Make Case for Budgets - The Department of Health – in the spotlight over the last year and a half as it has tried to manage the COVID pandemic – the Agency for Health Care Administration, and the Department of Children and Families will all make the case for their proposed budgets today before the House Health Care Appropriations Subcommittee. The panel will get an overview of each of the three agencies' legislative budget requests, but won't take any votes at today's meeting. Committee Packet

Vaccine mandates - Gov. Ron DeSantis on Thursday said he will challenge President Joe Biden’s employer vaccine mandate in federal court.

During a news conference, the Governor cast the mandates as disrespectful to workers who clocked in at the height of the pandemic. He said he found it offensive to force them out of their jobs if they refuse the vaccine.

He said the state will file its challenge in the 11th U.S. Circuit Court of Appeals.

The announcement comes in the wake of an order from the Biden administration requiring businesses with more than 100 employees to make vaccination a condition of employment. The U.S. Occupational Safety and Health Administration is charged with enforcing the order.

DeSantis has criticized the mandate since it was first announced in September. He has lashed out at municipal governments that have sought to impose similar mandates on their employees — earlier this week, the state Department of Health levied a $ $ $3.57 million fine against Leon County for its mandate.

Other local governments, such as the City of Gainesville, caved after DeSantis’ threat of a $5,000 fine for each violation.

The Governor also said vaccine mandates have the potential to worsen the staffing crisis at hospitals.

“The fact of the matter in medical, with nurses, if even a fraction of them decide that this is not something they want to do and leave, this will cause a lot of these health systems to hemorrhage,” DeSantis said.

More Floridians are on Medicaid due to COVID, AHCA Requesting Additional State Funding - The Agency for Health Care Administration is requesting an additional $1.5 billion in state funding for the 2022-23 fiscal year with the COVID-19 pandemic having pushed Medicaid enrollment to 4.9 million people, its highest level in state history. Agency Secretary Simone Marstiller on Monday outlined the agency's budget request before the House Health Care Appropriations Subcommittee on Monday. Marstiller also told the panel that even though the statewide Medicaid managed care program won't be renegotiated until 2023, her agency is requesting additional money this session in order to prepare for potential lawsuits during the procurement process. Florida Politics

Courts Continue to Be Bogged Down by Pandemic, Staffing Difficulties - House Judiciary Committee Chairwoman Rep. Erin Grall, R-Vero Beach, expressed concern Wednesday with the ongoing drop in court operations amid the pandemic, citing statistics that show the number of circuit civil jury trials fell from 731 before the pandemic to 268 in 2021. Circuit criminal jury trials declined from 2,600 to 943 during the same period. Prosecutors and public defenders said staffing concerns are keeping the backlog from being dealt with more quickly and pleaded for more money to help address that problem. "I've been the elected public defender for almost 11 years now and I have never seen this kind of crisis before in terms of new hires and turnover," said one. Public defenders, prosecutors and court system officials briefed on the effort to continue operations during the pandemic and said the system is trying to work around necessary delays. Twelfth Judicial Circuit State Attorney Ed Brodsky, president of the Florida Prosecuting Attorneys Association, said the state is facing an additional 25,000 felony cases this year. Brodsky said temporary measures, such as greater use of remote proceedings, have helped and also urged lawmakers to consider making some of them permanent. Florida Bar News / Florida Politics

Lawmakers Have Few COVID-Specific Bills to Consider So Far - As lawmakers prepare to start the second full session during the COVID-19 pandemic, only a few legislative proposals related directly to the health crisis have been filed. Rep. Ardian Zika and Sen. Ana Maria Rodriguez, both Republicans, have filed bills (HB 129, SB 328) requiring health insurers and health maintenance organizations to provide total coverage for at-home COVID-19 test kits. The House version of the measure has been assigned to four committees and is awaiting its first hearing in the House Finance and Facilities Subcommittee. Another measure (HB 117), sponsored by Republican Rep. Elizabeth Fetterhoff, deals with emergency rescue or public safety workers who are disabled or die from COVID. State law already says that emergency workers who are disabled or die from certain communicable diseases are presumed to have contracted the disease on the job in the absence of proof otherwise. The bill would add COVID-19 to the list of diseases covered by that law. The measure is awaiting a hearing in the House Government Operations Subcommittee. HB 75, filed by Republican Rep. Anthony Sabatini, would ban mask requirements statewide, and prohibit businesses and governments from requiring any proof of vaccination for COVID-19 from customers or employees. That bill is currently waiting for a hearing in the House Pandemics and Public Emergencies Committee. Sabatini also has proposed legislation (HB 6009) that would remove from state law the ability of the State Health Officer to require anyone to be vaccinated for any disease during a public health emergency. Another proposal that doesn't specifically mention COVID, but is related to the pandemic, is legislation (HB 47, SB 284) by Democrats Rep. Michael Grieco and Sen. Tina Polsky, that makes it a felony for someone to create a fake proof of vaccination card.  

Florida Issues First Local Government Fine for Ignoring Vaccine Mandate Ban to Leon - The state is fining Leon County $3.5 million for requiring employees to provide proof of COVID vaccination. The county required 714 workers to show proof of vaccination or face termination. As of October, 14 employees have been fired for failing to comply. The Department of Health has given the county 30 days to pay the fine. Tallahassee Democrat / Florida Politics / Associated Press / Orlando Sentinel / WKMG / DOH Press Release 

Miami Marlins, House of Blues, FDLE Unit Targeted in State Vaccine Passport Investigation - The Miami Marlins, major performing arts venues and even the Florida Department of Law Enforcement are among the list of businesses and government agencies under investigation by the state for potential violation of the government's ban on vaccine requirements for service. Orange County, the city of Miramar and at least one hospital are also under investigation. Sun Sentinel / Orlando Sentinel

More than 350 Florida doctors signed a letter to state lawmakers asking for close scrutiny of the new state surgeon general, Joseph Ladapo, a doctor whose views run contrary to some conventional medical advice about COVID-19. WJCT

Insurance …

Insurance Board Considers Possible Legislative Initiatives - Requiring insurers to provide medical records to patients and having small employer health plans cover applied behavior analysis therapy for autistic children are among policy suggestions for possible legislation in the upcoming legislative year discussed Tuesday by the Florida Health Insurance Advisory Board. The panel won't vote on any initiatives until its next meeting, which hasn't yet been scheduled by the Office of Insurance Regulation. Florida Politics

Florida's Insurance Market is Unsustainable Says Head of Citizens Property Insurance - The head of Florida's state-backed Citizens Property Insurance told House members on Wednesday that the current state of Florida's insurance market could run several companies out of business. Citizens President and CEO Barry Gilway said if some of the largest carriers in the state go under, anywhere from half a million to a million insurance policies could get shifted to the state-backed last-resort insurer. Citizens is expected to make up 10% of the market by the end of the year and Gilway is advocating for rate flexibility. State law currently caps the amount Citizens can annually raise rates. Private companies are pulling out of South Florida and the Orlando area where property insurance litigation is at an all-time high. While bills passed in recent years have helped, Gilway said legislation is still needed to address unnecessary roofing claims. Florida Politics / News4Jax

Redistricting …

“Packing or cracking? Senators navigate legal restrictions on racial redistricting” via Jacob Ogles of Florida Politics — A presentation to members of the Senate Reapportionment Committee carefully explained how federal and state law, particularly guidance in the federal Voting Rights Act and the Fair Districts amendment to Florida’s constitution, will guide the process. The Voting Rights Act, originally passed in 1964, prohibits discrimination against minority communities in harmful ways. According to attorney Daniel Nordby of Shutts & Bowen, who briefed lawmakers, this governs racial gerrymandering. Section 2 of the federal law prohibits states from enacting any type of redistricting that creates “less opportunity” for racial minorities to “elect representatives of their choice.” And that’s where cracking and packing come into the picture.

“Democrats, voting groups question access during Florida political redistricting process” via Jeffrey Schweers of USA Today Network — As the Florida Legislature begins its second week of hearings on state and congressional redistricting, voting rights advocates want to make sure that the public has every opportunity to be heard. “Our main concern right now is that you’d only be able to speak to representatives by driving all the way to Tallahassee,” said Cecile Scoon, president of the Florida League of Women Voters. “But in these days of Zoom meetings, why can’t you do that?” The Republican-controlled Legislature probably won’t be taking the redistricting show on the road, with maps and staff going from city to city to explain the process and take public input. All eyes are on Tallahassee after the disaster of Florida’s last attempt at redrawing those boundaries, which saw lawsuits and a court decision.

”House Democratic Co-Leader fears limited public input on redistricting” via Renzo Downey of Florida Politics — House Democratic Co-Leader Evan Jenne is concerned there will be limited opportunities for the public to review the district maps that will define Florida’s political landscape for the next decade. Lawmakers are meeting for the second week ahead of the 2022 Session, when the Legislature will approve maps for 28 U.S. House districts, 40 State Senate districts, and 120 State House districts. However, lawmakers are receiving a second round of overviews, with this week’s information focused on the Florida Redistricting website that went live last month. Jenne called this year’s mapmaking process dangerous because of a lack of communication with the public.

Legislature Asked to Ensure Public Input in Redistricting - Lawmakers began a second week of hearings on state and congressional redistricting on Monday as voting rights advocates pleaded that they allow the public to be heard on how the lines will be drawn. Legislators have said they won't do a tour of the state to take public input as they have done in the past. "Our main concern right now is that you'd only be able to speak to representatives by driving all the way to Tallahassee," said Cecile Scoon, president of the Florida League of Women Voters. "But in these days of Zoom meetings, why can't you do that?" At least one House Democratic leader is also concerned about the level of public input that will go into the process. USA Today Network / Florida Politics

Members of the Senate Reapportionment Committee on Monday received an explanation of the federal and state laws they'll have to follow as they redraw districts. Florida Politics

Members of the public have begun submitting proposed maps for redrawing political boundaries on the state's redistricting portal. Florida Politics

Elections …

DeSantis withholds election: Residents in districts held by three Black, Democratic state lawmakers may not have any representation going into the 2022 Legislative session that begins Jan. 11. The former legislators, Rep. Bobby DuBose and Sen. Perry Thurston of Broward County, and Rep. Omari Hardy of Palm Beach County, resigned to run for a vacancy created by the death of U.S. Rep. Alcee Hastings, but Gov. Ron DeSantis has yet to call for special elections for each of their predominantly Black districts. That’s the longest time lapse in decades, according to the Tallahassee Democrat.

“Ron DeSantis policy moves often followed by fundraising pitch” via John Kennedy of the USA TODAY Network — When Gov. DeSantis ordered Florida’s Secretary of State to investigate Facebook, alleging it may have manipulated 2020 elections in the state, he made sure his donors didn’t miss the news. Forty-eight hours after the Republican Governor dispatched Laurel Lee to search for evidence of what he labeled “Big Tech interference,” an email blast went out from DeSantis’ fundraising team to potential contributors. With more than $53 million in cash on hand, DeSantis’ reelection campaign is steadily fishing for more money, increasingly using his recent policy actions as bait.

Crist Proposes to Legalize Recreational Marijuana - Democratic gubernatorial candidate Charlie Crist on Thursday said he'll push to legalize and tax cannabis for non-medical use in Florida if elected. Crist, who is a former Florida governor currently in Congress, also is calling for the expungement of existing charges and sentences related to misdemeanor and third-degree felony cannabis possession. Crist's rival for the Democratic nomination to challenge Gov. Ron DeSantis had already supported legalizing recreational cannabis and criticized Crist Thursday for his earlier support of harsh criminal sentences. Florida Politics / Tampa Bay Times / WEAR / Marijuana Moment

Miscellaneous news …

Gov. Ron DeSantis on Tuesday discussed his wife's breast cancer diagnosis publicly for the first time. Orlando Sentinel

Florida National Guard officials say the number of members in the Guard is woefully inadequate, leaving it unprepared to handle a major disaster. Florida Politics

Bar exam bound: Desmond Meade, a former felon and one of the architects of the 2018 constitutional amendment that restored voting rights to many Floridians with felony convictions, announced Saturday that he has finally had his rights restored. Although Gov. Ron DeSantis and the Florida Cabinet denied Meade a pardon earlier this year, the amendment prompted them to approve a new state clemency process. The state now automatically restores the right to hold office and serve on a jury for Floridians with felony convictions who completed their sentence and paid off their court debts. Meade, who has a law degree, can now take the bar exam and become a licensed lawyer.

A new statue of Dr. Mary McLeod Bethune that will represent Florida in the U.S. Capitol's Statuary Hall was unveiled in Daytona on Monday. Bethune founded Bethune-Cookman University and advocated for equal rights. News4Jax / WESH / Orlando Sentinel