Legislative Update - October 23, 2021

It was a busy week in Tallahassee!  Interim committees met in the House and Senate.  Legislators will return on November 1 for their next round of meetings.  Big question looming in the Capitol city … when will the legislative session be called?  The Senate Republicans have designated Kathleen Passidomo as its next President … only the third woman elected to this position.

Gov. Ron DeSantis on Thursday called for a special legislative session next month to push back against White House attempts to require workers to be vaccinated against COVID-19. DeSantis said that while he and Attorney General Ashley Moody build a case to legally contest any federal mandates, the state can’t wait until the 2022 legislative session, which begins in January, to “strengthen” state laws. “We want to make sure that individuals in Florida have their livelihoods and their jobs protected,” DeSantis said during an appearance in Clearwater while backed by people holding signs saying, “Freedom has a home here” and “Don’t tread on Florida.” House Speaker Chris Sprowls, R-Palm Harbor, sent a memo to members advising them of the pending special session. “At this time, we have not received the dates or details regarding any proposed call,” Sprowls wrote. “We are in communication with the governor’s office and our partners in the Senate, and we will share details with you as they emerge.” Lawmakers are scheduled to be in Tallahassee for committee meetings the weeks of Nov. 1, Nov. 15 and Nov. 29. Democrats immediately blasted DeSantis’ announcement. “This is a purely self-serving political ploy by the governor, once again pulling out all the stops to appease --- and encourage --- extremist positions that fly in the face of science and public health instead of protecting our children, our communities, and our economy,” Agriculture Commissioner Nikki Fried, a Democrat running for governor next year, said in a prepared statement. The News Service will have a full story later Thursday.

“Can Florida ditch OSHA? Lawmakers are considering it ” via Renzo Downey of Florida Politics — When Florida convenes for the planned Special Session on vaccine mandates next month, the Legislature might “withdraw” Florida from the nation’s workplace safety agency. Biden has asked the OSHA to mandate that businesses with 100 or more employees require workers to be vaccinated against COVID-19 or undergo weekly testing. A similar provision extends to federal contractors. OSHA allows states and territories to create their State Plans, of which 22 oversee private and public businesses. However, OSHA monitors State Plans and requires they are at least as strict as OSHA’s guidelines in preventing work-related injuries, illness, and deaths.

State Sen. Annette Taddeo jumped into the Democratic primary race for governor on Monday, saying she is the candidate who can excite voters in her party’s bid to oust Republican Gov. Ron DeSantis next year.

Taddeo’s entrance into the contest sets up a crowded and potentially awkward Democratic primary battle with U.S. Rep. Charlie Crist and Agriculture Commissioner Nikki Fried.  She is the 10th Democrat to file paperwork in the Democratic Primary, as Democrats attempt to oust first-term Republican Gov. Ron DeSantis.

Crist, a Republican-turned-independent-turned Democrat, tapped Taddeo as his lieutenant-governor running mate in his losing effort to recapture the governor’s office in 2014. Crist was defeated by former Gov. Rick Scott, who is now a U.S. senator.

On Tuesday, the Republican Caucus of the Senate met to officially select Sen. Kathleen Passidomo as the President-Designate for the 2022-2024 Legislative Session. Passidomo was elected to the Senate in November 2016 after serving in the Florida House since 2010. Senate President Wilton Simpson appointed her to serve as Senate Rules Committee chair for 2020-2022. During 2018-2020, she served as Republican (Majority) Leader under former Senate President Bill Galvano.

Sen. Tina Polsky, an attorney and rising star among Democrats, has been diagnosed with stage 1 breast cancer and will begin treatment at Boca Raton Regional Hospital Lynn Cancer Institute next week.

Polsky, 53, self-detected a suspicious mass about a month and a half ago and, after a biopsy showed it was cancerous, underwent a lumpectomy on Sept. 27.

She is awaiting the results of one more test, but for now, she is scheduled to treat her cancer with radiation.

“Ron DeSantis suspends debt collections for unemployment overpayments ‘indefinitely’” via Lawrence Mower of the Tampa Bay Times — Facing criticism over the latest unemployment debacle, DeSantis ordered the state’s jobless agency not to send Floridians to debt collectors if they’ve been issued an “overpayment” notice for their unemployment claims. In the last several months, thousands of Floridians who filed for unemployment benefits have been mailed notices from the Department of Economic Opportunity stating they must pay back sometimes thousands of dollars or face being sent to debt collectors. The notices have been stressful for Floridians because the papers seldom say why the recipient owes the state money or how the amount was calculated. Sometimes the notices are sent out after the deadline to appeal them.

“Inflation, employment pains on watch as Florida continues besting economic projections” via Renzo Downey of Florida Politics — The Sunshine State is still in recovery mode, says Florida’s top economist, even if the state continues to overperform economic projections. The latest Long-Range Financial Outlook report increased prior general revenue estimates by more than $1 billion a year through the 2024-25 fiscal year. For the current fiscal year, the general revenue estimate increased $2.3 billion up to $36.3 billion. Amy Baker, the coordinator of the Legislature’s Office of Economic and Demographic Research, told senators a series of factors keep Florida’s economic recovery unbalanced even as top-line figures repeatedly overperform expectations. Despite the declining rate by which Florida outpaces recovery expectations, the state continues to outperform the nation on GDP, personal income and job creation.

“Top House bean counter: After bullish year, Florida’s early fiscal signs are even better” via Renzo Downey of Florida Politics

Gas prices … Though gasoline prices remained relatively steady last week, the AAA auto club said Monday that Florida motorists could again see rising costs when they fill up their tanks. AAA said crude-oil and gasoline futures prices increased last week and that wholesale gas prices reached a level that could lead to motorists paying an average of more than $3.20 a gallon. "It appears the pain at the pump is going to get worse before it gets better," AAA spokesman Mark Jenkins said in a prepared statement. "Florida drivers are likely to face another round of rising prices, as global supply concerns keep upward pressure on the price of crude. It's unclear when the relief at the pump will come, but these elevated prices at the pump are likely to linger through the winter months." AAA said Monday the average price of a gallon of unleaded gas in Florida was $3.18, up a half-cent from a week earlier. The average price was $3.10 a month ago.

Re-employment trust fund update … Florida’s unemployment trust fund has gained back about a half-billion dollars since a new law began requiring out-of-state online retailers in July to collect sales taxes on purchases made by Floridians. The trust fund, which was depleted because of massive job losses early in the COVID-19 pandemic, now tops $1.3 billion, Adrienne Johnston, chief economist for the Department of Economic Opportunity, told the Senate Commerce and Tourism Committee on Monday. The fund, which had a little more than $4 billion before the pandemic in January 2020, was at around $800 million in July 2021. Johnston said $526 million was transferred into the trust fund in August and early September. Also, the Department of Revenue has credited $447 million to businesses that had paid into the fund since May. The new law requiring out-of-state online retailers to collect sales taxes came after House and Senate leaders agreed to first use the additional money to replenish the unemployment trust fund. Before the pandemic, businesses paid $7 per employee in unemployment taxes. Because of the surge in unemployment claims, the unemployment tax rate went to $49 this year and was projected to jump to $87. The state’s unemployment rate was at 5 percent in August, with September numbers scheduled to be released Friday. The new law is expected to generate $1 billion a year for the state, with the additional revenue projected to get the unemployment trust fund to about $3.25 billion in October 2023. After the fund is replenished, the revenue will be used to make a major cut in the commercial-rent tax, long a target of business lobbying groups. Senate President Wilton Simpson, R-Trilby, and House Speaker Chris Sprowls, R-Palm Harbor, agreed to reduce the commercial rent tax from 5.5 percent to 2 percent.

Sanctuary Cities Ban … The fight over a Florida law that banned so-called sanctuary cities is headed to a federal appeals court.

Attorney General Ashley Moody’s office filed a notice Tuesday that was a first step in the state appealing a federal district judge’s ruling that struck down key parts of the controversial immigration law.

As is common, the one-paragraph notice did not detail arguments the state will make at the Atlanta-based 11th Circuit Court of Appeals.

The law, which the Republican-controlled Legislature passed in 2019 after a fierce debate, was a priority of Gov. Ron DeSantis and was touted as a way to improve safety in communities. But opponents contended that the measure was unconstitutional and designed more to pander to Republican base voters than to solve an actual problem.

WILLIAM L. SELF has been elected president of the Florida Association of Nurse Anesthesiology. Self is the managing partner of Life is Ketaful.

Legislative …

DeSantis Calls for Special Session to Block Vaccine, Mask Requirements - Gov. Ron DeSantis will call the Legislature into special session to pass measures protecting employees from being fired for not being vaccinated against COVID and ensuring parents the right to prevent their kids from having to wear masks at schools to protect against the virus. "In Florida, your right to earn a living is not contingent upon whatever choices you're making in terms of these injections," DeSantis said at a news conference announcing his intent to call lawmakers to Tallahassee to deal with the issue. A specific date for the session hasn't been announced. Orlando Sentinel / Tampa Bay Times / USA Today Network / Florida Politics / Politico / The Hill / Axios / Governor's Press Release / News Conference Video

“Gov. Ron DeSantis calls special session to ban COVID-19 vaccine mandates for government workers, but not private ones” via Steven Lemongello and Gray Rohrer of the Orlando Sentinel

“Special Session targeting vaccine mandates appears likely for November” via A.G. Gancarski of Florida Politics

“Democrats knock vaccine Special Session as Ron DeSantis’ latest campaign play” via Renzo Downey of Florida Politics

“Keith Perry preparing new ‘plan of attack’ to block vaccine, mask mandates ” via Renzo Downey of Florida Politics — Perry will refile legislation expanding on the recently passed vaccine and mask mandate bans. Last week, Perry filed a measure (SB 452) banning mask mandates in schools as well as medical requirements. However, the Senator is developing a new plan of attack, including a measure that would possibly prevent businesses from requiring vaccines for employees, an ask from DeSantis. “Local governments across the state have been persistently violating COVID-19 policies,” Perry said. As originally filed, Perry’s public health bill would prohibit counties and municipalities from requiring any United States citizen to undergo a medical procedure or treatment, covering shots.

House Panel Eyes Health Care Worker Shortages - A staffing crisis currently plaguing hospitals, nursing homes and community health centers likely has no short-term solution, a panel of industry leaders told state lawmakers Tuesday. Florida Hospital Association President and CEO Mary Mayhew told the House Health & Human Services Committee that eliminating burdensome paperwork and “anything that is detracting from the care at the bedside” could help make health-care jobs more appealing to future generations of workers. “One of the things that we’ve been blessed by in health care is that generally there’s significant interest among middle-school students, high-school students, to pursue health-care careers and for many to become nurses,” Mayhew said Tuesday. “And we want that to remain a fulfilling and rewarding career. So we have to constantly re-examine how care is delivered, how it is managed, how it is overseen.” Steven Bennett, workforce development manager for the Florida Association of Community Health Centers, described the current hiring situation as a “seller’s market” in which health-care providers are competing for employees. “Part of the challenge that I think we’re going to see over the next five years is a bit of a PR challenge about building a career in health care,” Bennett said. “It’s a little bit like 20 years ago in manufacturing, when we looked at manufacturing jobs as dirty jobs. Well, if you went to a manufacturing plant, you would see it was very clean, right? It wasn’t accurate.” Bennett said that many community health centers are experiencing annual staff turnover rates of up to 30 percent. Resolving the staffing conundrum may be complicated, the industry leaders indicated. “There is no solution in the short (term). This is a two- to three-year journey,” Memorial Healthcare System President and CEO Aurelio Fernandez said. In advance of the 2022 legislative session that begins Jan. 11, lawmakers are looking at ways to bolster education and training programs for nurses and other health-care professionals to help alleviate industry-wide staffing woes. Fernandez suggested that retired nurses could be recruited to teach at medical schools. Legislators also could consider expediting licensing processes and explore other changes regarding qualifications for health-care workers, Fernandez said. “That would add to the pipeline,” he said. “But as far as an immediate solution? No.”

Lawmakers Pressed to Boost Spending for Medicaid Billing System - The Agency for Health Care Administration is requesting $118 million to continue a move to a cloud-based system for dealing with vendors in the state Medicaid system, including money for the system itself and a staff to run it. The upgrade involves several technology vendors. Lawmakers on Monday sounded skeptical about the need for such a large appropriation as the head of the agency pressed for the spending in the coming year's budget. Florida Politics 

House Budget Writers Optimistic About Revenue, Spending Outlook - House Appropriations Chairman Rep. Jay Trumbull, said Tuesday that Florida's budget is in better shape than last session, but warned that even as revenue returns to pre-pandemic levels lawmakers should be careful not to over-commit on new recurring programs. Medicaid continues to be the main financial commitment for the state, costing Florida over $1.2 billion after roughly one million additional Floridians enrolled in the health care program due to COVID-19 and the economic downturn. About 23% of the state's population is expected to be on Medicaid, but Florida is also anticipating $4.4 billion in federal funds by May. Trumbull noted that those funds are non-recurring and also reminded lawmakers that the money hasn't arrived yet, warning "don't count your chickens before they hatch." Also on Tuesday, Division of Bond Finance Director Ben Watkins told the committee that the state's bond rating remains in good shape, and said rating agencies have taken a good view of the state's use of pandemic relief money for one-time infrastructure spending, rather than putting it toward recurring costs. Florida Politics  

“Blame redistricting: Top Florida House Democrat expects 'animalistic' Legislative Session” via James Call of USA Today Network — While COVID-19-related restrictions and debates about abortion, guns, and voting have dominated news cycles since lawmakers adjourned in May, redistricting is at the top of many lawmakers’ agendas right now, according to House Democratic co-Leader Evan Jenne. Here's why: “A lot of people's political careers will hang in the balance of what comes out of those redistricting subcommittees and the Legislature as a whole,” Jenne said. Jenne expects tempers will flare once maps are drawn to accommodate population movement during the last 10 years, and a redistricting bill begins to move. He was the House Democratic whip the previous time lawmakers reapportioned the state.

“House Democratic leader expects nasty Session with election, redistricting on agenda” via Renzo Downey of Florida Politics

“Danny Burgess proposes teaching social media literacy in Florida schools” via Gary White of The Ledger — Students in Florida’s public schools would devote attention to social media in the classroom if a bill proposed by a Polk County legislator gains traction next year. Sen. Burgess, a Zephyrhills Republican, filed a bill Wednesday that would require public schools to include “social media literacy” in their curriculum. Burgess, a father of three children under age 10, said he wants students to understand better the hazards they might encounter on popular internet platforms and mobile applications.

Florida's Troubled Insurance Market May Not Get Reform Bill this Session - The chair of the Senate Banking and Insurance Committee, Sen. Jim Boyd, said he doubts there is an appetite for a significant reform bill this session but lawmakers may look to make smaller, more operational changes instead. Despite legislation passed last session, the head of Florida's state-supported Citizens Property Insurance said the overall market is hanging on by a thread. Barry Gilway told senators on Tuesday that private companies are pulling out of South Florida and the Orlando area where property insurance litigation is at an all time high due to some roofers pushing fraudulent claims. Gilway said Citizens is averaging 5,000 new policies per week and emphasized changes are needed to slow its growth and ensure it is seen as an insurance company of last resort. He added that a possible solution would be to require people to pay market rates when they first purchase a Citizens' insurance policy. Florida Politics

Constitutional Amendment Seeks to Allow for Voter Initiatives to Enact Legislation - A proposed constitutional amendment (SJR 586, HJR 377) filed in both legislative chambers seeks to change the constitution to allow for an initiative process that would allow voters to directly change state law. Currently, voters can amend the constitution, but legislation that changes statute can only be passed by the Legislature. The proposal would seek to allow initiatives through a direct referendum, or proposition process. Under the proposal, legislation passed by initiative that goes to a vote of the people wouldn't be subject to veto by the governor, and could only be overturned by legislators through a four-fifths vote of the body. The joint resolution was filed Wednesday in the Senate by Sen. Victor Torres and in the House by Rep. Steve Geller, both Democrats. The proposed constitutional amendment would need to pass each house by a three-fifths vote of the membership to get on the statewide ballot, and then would need approval of at least 60% of voters. 

“Lawmakers to address National Guard troop shortage, may prohibit ‘unconstitutional’ deployments ” via Jason Delgado of Florida Politics+ — State lawmakers are hatching plans to bolster the ranks of Florida’s woefully staffed National Guard, suggesting they may send a letter to Congress or pass a memorial urging Washington to act, among other options. The political call-to-arms was swift, coming moments after Florida’s top-ranking general stressed the issue to a Senate panel. Florida, the general warned, is ill-positioned to handle its next major emergency or “worst day.” “This is stark. This is scary. It’s a ticking time bomb,” responded Sen. Danny Burgess, an Army reservist and member of the Senate Committee on Military and Veterans Affairs, Space and Domestic Security. Florida’s disproportionate ratio of Guard members to citizens is decades in the making.

Redistricting …

Senate Reapportionment Discusses Baseline Requirements - Senate Reapportionment Committee Chairman Ray Rodrigues said Monday that maps for new congressional and state legislative districts drawn by lobbyists, political organizations, and regular citizens and submitted to the state website won't be considered unless they are sponsored by a state senator. Rodrigues also said the Senate committee will only take up maps that make it through other subcommittees. The committee on Monday discussed standards for maps that include a requirement that they not favor any political party or incumbent lawmaker. They also must protect the ability of minority communities to elect candidates that represent their community and must keep districts contiguous. Lawmakers will also try to keep districts compact and mostly following existing political boundaries. Florida Politics 

COVID-19 …

“Nurse shortage threatens Florida” via The Gainesville Sun — The COVID-19 pandemic has been devastating and demoralizing to people in all walks of life but nurses carry a heavier burden than most. Nurses have been on the front lines caring for hospitalized COVID-19 patients separated from their loved ones, making the job even harder. Just when it seemed like the pandemic was winding down, the delta variant of the virus spread largely through the unvaccinated population and caused a summer surge in cases. It is no wonder why so many nurses feel burned out. The rest of us owe a debt of gratitude to nurses and other front-line health care workers, which we can help repay by being vaccinated and taking other precautions to prevent yet another wave of cases.

“Florida Surgeon General Joseph Ladapo questions COVID-19 vaccine effectiveness, safety” via Steven Lemongello of the Orlando Sentinel — Ladapo, who runs the state’s coronavirus response, questioned Thursday whether COVID-19 vaccines work well and said more should be done to highlight “adverse reactions” to them. “You remember when people were telling you that, you know that these vaccines would stop transmission and the rates of protection were greater than 90%?” Ladapo said at a DeSantis news conference. “We’re finding that the data is showing that in some of these vaccines, the protection from infection is less than 40%.” Vaccination, however, has a significant effect on whether a person is hospitalized or dies from the disease.

“Sprowls blames media, COVID-19 for lagging traffic to health care transparency website ” via Christine Jordan Sexton of Florida Politics+ — Florida spent $5.5 million on a health care transparency website former Gov. Scott muscled through the Florida Legislature in 2016 as a way to lower health care costs for Florida consumers, but it isn’t being used. House Speaker Sprowls, who sponsored the legislation in 2016 necessary to create the website, puts the blame, in part, on the media. That, and the COVID-19 pandemic. “I have had a hell of a time getting the media to cover this in any substantive way,” Sprowls told Florida Politics, referring to the Florida Health PriceFinder website. “I think people don’t know that this is an option for them to check.”

“Florida COVID-19 update: 465 more deaths added to state tally; most died in the last month ” via Devoun Cetoute of the Miami Herald — Florida on Thursday reported 465 more deaths and 2,262 additional COVID-19 cases to the Centers for Disease Control and Prevention, according to Miami Herald calculations of CDC data. All but 63 of the newly reported deaths — about 86% — occurred since Sept. 23. In all, Florida has recorded at least 3,633,097 confirmed COVID-19 cases and 58,608 deaths. There were 2,730 people hospitalized for COVID-19 in Florida, according to a Thursday report by the U.S. Department of Health & Human Services. COVID-19 patients take up 4.7% of all inpatient beds in the state, compared to 5.09% the previous day. Of the people hospitalized in Florida, 697 people were in intensive care unit beds. That represents about 11.09% of the state’s ICU hospital beds, compared to 11.81% from the previous day.

“COVID-19 cases in Florida continue to dive but deaths continue to pile up” via Scott Powers of Florida Politics — Florida is very close to a low point in weekly counts of new COVID-19 cases not seen since before the delta variant emerged but deaths from the summer surge continue to pile up in numbers rarely seen before the summer of 2021. Florida’s latest COVID-19 Weekly Situation Report records a seven-day increase of just 18,807 new cases statewide in the week ending Thursday. That total is in the range Florida was tabulating each week in late May, June, and the first report in July, back when Florida’s coronavirus crisis appeared to be over. While the latest report confirms the dramatic downward trend of new cases, now reaching pre-summer surge levels, the lagging wave of death reports remains high, exposing the grim results of the summer surge.

“Resident deaths, nursing home staffing shortages up” via Christine Jordan Sexton of Florida Politics — A new AARP report shows a grim assessment of Florida’s nursing homes. The COVID-19 Nursing Home Dashboard Report found that resident deaths spiked 22% over four weeks, and staffing shortages continue to mount. With 289 resident deaths reported during the four-week period ending Sept. 19, Florida ranked first in the nation in the number of nursing home residents who died from COVID-19 during that time span. Florida’s total represents 14% of the 2,131 COVID-19 nursing home deaths nationwide during that four-week period.

DOH spends $1.3M on vaccine incentives — The Florida Department of Health has quietly paid more than $1.3 million to purchase $10 grocery store gift cards that are handed out to people after receiving a COVID-19 vaccine. The gift card purchases were unearthed by POLITICO Florida in a Department of Financial Services database. The payments are at odds with the DeSantis administration’s hard-line approach to the vaccine, which has seen the Governor and top officials tour the state touting monoclonal antibody treatments and go after local governments and school districts that enact mask or vaccine mandates, rather than encourage Floridians to get vaccinated.

DOH to renew emergency rule. Facing a December 21 expiration deadline for Gov. DeSantis’ September 22 Emergency Rule preventing quarantine & mask mandates in schools, on Friday the Dept. of Health proposed extending the policy long-term. State law only permits emergency rules to govern policy for 90 days, and as Florida fends off legal challenges from six different school districts, the DOH is doubling down on the strategy. The proposal was published Friday afternoon in the Florida Administrative Register and it practically mirrors the September 22 emergency rule: allowing parents to opt their children out of school mask requirements and allowing children to attend school if they have been exposed to COVID-19 but are asymptomatic.

DOAH Suit on Mask Requirements to Move Forward - An administrative court case on a challenge to the Department of Health's rule aimed at banning school mask mandates will go forward today after an administrative law judge rejected the state's request to dismiss the challenge. Local school districts are calling the policy an overreach on "home rule," which is the same argument the DeSantis administration is making regarding the federal government intervening with supplemental funds to local Florida school districts that issue mask mandates. WFSU

“Florida agency banned mask rules even though it saw health emergency” via Scott Travis of the Orlando Sentinel — Florida health officials saw COVID-19 as a serious enough threat last month to take immediate action in schools, but the solution, banning mask requirements, has left some school districts baffled. Now, six school districts that have refused to comply, Broward, Miami-Dade, Orange, Duval, Leon and Alachua, are challenging the state Health Department’s authority to enact the emergency order. The hearing before Administrative Law Judge Brian Newman started Thursday and is expected to conclude Friday. Two other school districts, in Palm Beach and Brevard counties, also defied a Sept. 22 Health Department order but didn’t join this complaint. All eight districts were recently fined by the state Board of Education.

“DeSantis: Joe Biden’s vaccine mandate is divisive” via Jason Delgado of Florida Politics — DeSantis lashed out Friday against Biden, characterizing the forthcoming federal COVID-19 vaccine mandate as a harmful and divisive ultimatum. Speaking in Naples, the Republican Governor rebuked the order and questioned Biden’s calls for unity. With livelihoods of roughly 100 million Americans hanging in the balance, the nation’s high political tensions, he suggested, are no surprise. DeSantis’ tirade marks the latest dust-up between the 2024 presidential prospect and the Democratic leader. The pair have repeatedly locked horns over an array of issues, including vaccine mandates and the border crisis. Biden’s plans will affect millions of Americans, including health care workers, federal contractors, and two-thirds of the private sector.

“DeSantis touts pandemic policies during speech to Sarasota GOP” via Zac Anderson of the Sarasota Herald-Tribune — As Florida emerges from another brutal wave of COVID-19 hospitalizations and deaths, DeSantis fired up a GOP crowd in Sarasota Friday with a strident defense of his less restrictive approach to the pandemic, declaring: “We stand here in Florida as the focal point of freedom in this country.” Speaking to a crowd of nearly 700 at the Hyatt Regency Sarasota, DeSantis portrayed his battle against public health mandates aimed at fighting COVID-19 as an effort to protect individual liberties. The governor cited the example of America’s Founding Fathers, saying they knew “the minute you give up a little freedom, you’re basically giving up all your freedom.”

“Florida ‘vaccine passport’ law could generate millions in fines, but confusion about it reigns” via Steven Lemongello and David Fleshler of the Orlando Sentinel and South Florida Sun-Sentinel — DeSantis has been warning governments, organizations and businesses that the state would impose fines for violating its ban on COVID-19 “vaccine passports.” But in the past week, the state not only revealed just how steep fines would be but also the wide net of its potential targets. The Department of Health levied a $3.57 million fine on Leon County on Tuesday for its employee vaccine requirement. Leon was just one of the 120 entities, ranging from local governments to small businesses to arts centers, which could face fines ranging from $65,000 a week for a North Florida yoga business to $100 million for a Harry Styles concert in Orlando.

Vaccine Passport Ban Upheld in Circuit Court - A Sarasota craft shop can't require customers to show proof of vaccination, a circuit judge in Tallahassee ruled late last week. Bead Abode closed in March 2020 because of the pandemic, and wanted to be able to reopen. The owner wanted to be able to limit customers to those who had been vaccinated or already infected with COVID. Judge Layne Smith ruled that the statute banning businesses from requiring proof of vaccination doesn't violate merchants' constitutional rights and that the Legislature was within its rights to pass the requirement. WFLA

New Case Counts, Hospitalizations Have Plummeted, but Deaths from Summer Surge Still Happening - Florida is close to hitting a low in weekly counts of new COVID-19 cases, putting it at a level not seen since before the Delta variant emerged this past summer. But the state continues to record high numbers of deaths resulting from that summer surge. Florida Politics 

Data on deaths from COVID over the summer in Florida is now available, after not being released to the public from June to September. Tampa Bay Times

While Florida has reported fewer COVID-19 cases and hospitalizations over the past few weeks, the state's death rate is still among the highest in the nation. WUSF

Courts are getting requests to allow people to override hospitals and treat COVID with the deworming drug Ivermectin, despite lack of evidence that it helps. Associated Press

“Floridians embrace COVID-19 antibody treatment” via the Tribune News Service — It isn’t just people who are unvaccinated using Florida’s 25 monoclonal antibody treatment clinics. About 45% of the more than 135,000 people who have received the COVID-19 treatment were fully vaccinated, state officials estimate. In parts of the state with higher vaccination rates, such as Miami-Dade County, the percentage has been 60%.do vaccinated people with breakthrough cases, and mild symptoms need to get monoclonal antibody treatment? The question of who should be prioritized is drawing debate in the medical community. The pricy drug cocktail is free to patients but costs taxpayers about $2,100 per dose. The treatment is lifesaving for at-risk people who aren’t vaccinated, reducing the chance of hospitalization by as much as 70%.

Missing data: While the governor was traveling the state promoting monoclonal antibody treatments, another phenomenon was taking place in communities across Florida. For 105 days as the Delta variant was surging, the COVID-19 death toll went missing. The Department of Health withheld the information it had previously reported to counties, the Tampa Bay Times reports. The reason, the state explained, is DOH “is equipped to make decisions regarding the best and most understood data” and, presumably, the public is not. University of South Florida virologist Dr. Michael Teng called that “paternalistic and contrary to the idea of transparency in government.”

Return of Measles, Pertussis a Concern as Non-COVID Vaccinations Drop - Pediatricians are concerned about a drop in the use of vaccines for preventable childhood diseases other than COVID and that pandemic disruptions and politicization of vaccination could threaten progress made against measles, whooping cough and other illnesses that had been nearly eradicated but now could make a comeback. State health officials say non-COVID vaccinations for 2-year-olds by county health departments fell from nearly universal to under 80% during the pandemic. Orlando Sentinel

Elections …

Fla Supervisors of Elections: Misinformation is Threatening Democracy - Democracy is "under threat," undermined by misinformation about elections, increasingly strident rhetoric and threats to elections officials by "citizens who have been led astray by these deceptions," the state's elected supervisors of elections say in a newly released statement. "In this hour, public trust in our elections is being systematically undermined, to the detriment of all Americans," the supervisors said. The group didn't specifically mention any particular public officials. But it referred to the effort by the previous presidential administration to sow doubt about the outcome of the 2020 presidential election and reported efforts to overturn it, noting that during and since that election "the integrity of our democracy has been challenged by misinformation, disinformation and malinformation that sows discord and undermines trust in America's electoral process." The group asked candidates to "tone down the rhetoric and stand up for our democracy." Supervisors of Elections Statement

“Dems find their anti-Marco Rubio warrior in Val Demings” via Marc Caputo of POLITICO — A panicked question gripped Florida Democratic insiders this summer as Biden’s approval numbers began to fade and eyes turned toward the midterm election horizon: Where’s Demings? For months, Demings seemed nowhere to be found, eschewing local press and small political events typical for this election off-year and avoiding the national media glare in Washington. Now Demings has an answer for her whereabouts: She was campaigning almost exclusively on Facebook, growing an army of small-dollar donors across the nation on her way to raising a staggering $8.5 million in the most recent fundraising quarter. $2.4 million more than Rubio reported and more than any Senate challenger in the country between July and October.

“Donald Trump won Florida, but online and at your door, his supporters are trying to force an audit” via Steve Contorno, Romy Ellenbogen and Allison Ross of the Tampa Bay Times — Across Florida, Trump’s most ardent supporters are scouring communities for evidence of voter fraud. They are bombarding local elections offices with calls and emails. In Tallahassee, they emblazoned their demand on a billboard. This month, the Lake County Republican Party passed a resolution demanding Florida audit its election results. A state lawmaker from the same county filed a bill that would do just that. Republican legislative leaders also aren’t embracing calls for an election review. The Speaker of the House, Chris Sprowls, has said that the election went well.

How it played: Annette Taddeo jumps in — Miami Herald, Miami Democrat Taddeo launches campaign to be Florida’s first Latina Governor — “Taddeo is the only Hispanic gubernatorial candidate among the top contenders, in a state where Hispanics make up nearly 27% of the population … she would be the first Latina candidate to earn a major party nomination for Florida Governor.” POLITICO Florida, Miami Democrat upends Florida Governor’s race — “Taddeo, who had been hinting at a run for months, said that ‘what ultimately pushed me over the edge’ was DeSantis’ battle with local school districts over COVID-19 policies, including his push to ban mask mandates.” News4Jax, Taddeo enters Democratic Primary — “ … entering a Democratic primary that includes Crist, who chose her as his running mate in an unsuccessful bid for Governor in 2014. ‘I’m a lifelong Democrat,’ she said in an announcement video. While she doesn’t name Crist, it could be seen as a subtle way of pointing out a major difference between them.” Orlando Sentinel, Taddeo becomes third Democrat seeking to defeat DeSantis — “Taddeo said she has ‘tremendous respect’ for Crist ‘but this race is not about Charlie or about me. This race is about the future of Florida.’” The Palm Beach Post, Taddeo enters, saying voters want a 'fighter and a leader' — “Taddeo said that she can unite and inspire a Democratic coalition of Black and Hispanic voters that the party needs to win.” Tampa Bay 10, Who is Taddeo? — "’ ... it’s not just about making history. It’s about making a difference for others to achieve the American dream,’ she said in her campaign video.”

“Taddeo unveils new staff for political committee” via Anne Geggis of Florida Politics — Fight Back Florida has hired some high-powered talent: Jackie Lee, senior adviser. Her resume includes leadership roles for both Obama’s election and reelection campaigns, successful campaigns for constitutional amendments to stop gerrymandering and to restore felons’ voting rights. Allison Clark, senior campaign coordinator. Her bragging rights include a campaign defeating a 16-year-incumbent in the Hillsborough State Attorney’s race and founding Black & Blu Research. Millie Raphael, senior coalitions adviser. She founded Progress for Florida, which helped Crystal Wagar become Miami Shores’ first Black female Mayor. Stephanie Bromfield, senior coalitions advisory. She is an outreach consultant credited with key wins in Miami-Dade and Broward counties, including Daniella Levine Cava.

Annie Betancourt endorses Charlie Crist for Governor — Former Rep. Betancourt endorsed U.S. Rep. Crist in the Democratic Primary for Governor on Monday. “No one knows Florida better than Charlie Crist; as our former Education Commissioner, Attorney General, and Governor, he’s the most prepared person in this race to take on DeSantis and create a Florida that truly works for everyone. That’s why I’m proud to lend him my support as he becomes our next Governor,” said Betancourt, the first Cuban American Democrat elected to the state Legislature. Betancourt joins dozens of local, state, and community elected officials and leaders in endorsing Crist, who most recently earned endorsements from 2018 Lt. Gov. nominee Chris King and Miramar Mayor Wayne Messam. Crist faces Agriculture Commissioner Nikki Fried and Sen. Annette Taddeo in the Primary.

“Evan Jenne makes case for prompt Special Election” via Jason Delgado of Florida Politics — Jenne questioned Monday why DeSantis has yet to call a Special Election to fill three forthcoming vacancies in South Florida legislative districts. Jenne, speaking to reporters via Zoom, suggested Republicans have little to lose in the elections. The Legislature, he stressed, will remain in Republican control if the seats are filled again by Democratic lawmakers. “You don’t get anything by holding them back,” Jenne said of the Democratic-leaning districts. “We are still a small minority, facing a large majority. That doesn’t change with those seats.” The Special Elections will replace three lawmakers, Rep. Bobby DuBose and Sen. Perry Thurston and Rep. Omari Hardy.

RIP …

“Powell, former Secretary of State and military leader, dies at 84” via Bradley Graham of The Washington Post — Powell, who helped guide the U.S. military to victory in the 1991 Persian Gulf War as chairman of the Joint Chiefs of Staff, then struggled a decade later over the U.S. invasion of Iraq as a beleaguered secretary of state under President George W. Bush, died Oct. 18 at Walter Reed National Military Medical Center in Bethesda, Maryland. He was 84. The cause was complications from COVID-19, said his assistant, Peggy Cifrino. She said Powell, who was fully vaccinated, had Parkinson’s disease and multiple myeloma, a form of blood cancer that can impair the body’s ability to fight infection.