Legislative Update - November 26, 2021

This week, Governor Ron DeSantis held a press conference at Buc-ee’s in Daytona calling on the legislature to lower the gas tax.  He wants to give Floridians more than $1 billion in savings on the tax on gasoline by asking the Legislature for a tax holiday in the face of spiking prices at the pump. DeSantis said the proposal would give motorists a form of financial relief by withholding state taxes on gas for up to five months and potentially saving Florida families an average of $200.

On Tuesday, Governor Ron DeSantis announced the appointment of Torey Alston and Jared Moskowitz to the Broward County Board of County Commissioners. Alston, of Fort Lauderdale, is Chief of Staff at the Florida Department of Transportation. Previously, he was Chief of Staff to two Broward County Commissioners and held positions in Miami Dade County Public Schools, the City of Gainesville and the Florida Department of Management Services. He earned his bachelor’s degree and Master of Business Administration from Florida Agricultural and Mechanical University where he served five years on the Board of Trustees. He will serve District 9, and his term runs through November 2024.

Moskowitz, of Parkland, is the former Director of the Florida Division of Emergency Management. Previously, he was General Counsel at AshBritt and his past service includes six years in the Florida House of Representatives and six years on the Parkland City Commission. Moskowitz earned his bachelor’s degree in political science from George Washington University and juris doctor from the Nova Southeastern University Shepard Broad Law Center. He will serve District 8, and his term runs through November 2022.

Hurricane season is almost over!  November 30 is officially the end.  Thankfully this year, Florida has had brushes with only three named systems --- Elsa, Fred and Mindy --- that were mostly rainmakers with tropical-storm force winds. 

The legislators will return to Tallahassee next week for its final round of interim committee meetings before the official start of the 2022 Legislative Session scheduled to begin on January 11.

Top stories …

“Ron DeSantis calls on Legislature to lower gas tax, citing inflation ” via Lawrence Mower and Kirby Wilson of the Tampa Bay Times — DeSantis is calling on the Legislature to spend more than $1 billion to lower the state’s gas tax. At a news conference at a Buc-ee’s gas station in Daytona Beach, the Governor said it was incumbent on Florida to fight rising prices — which the Governor blamed on the policies of Biden. DeSantis said that the Legislature can do its part by cutting the state gas tax by 25 cents per gallon. “We want to protect Floridians as much as we can against the inflation that we’re seeing,” the Governor said.

 “All bets are off. Federal judge throws out Seminole Tribe’s sports betting compact ” via Mary Ellen Klas of the Miami Herald — In a stunning rejection of Florida’s attempt to give the Seminole Tribe a monopoly on sports betting, a U.S. District Court judge in the District of Columbia ruled late Monday that the compact violates federal Indian gaming law and invalidated the entire agreement, halting all sports betting and gaming expansion in Florida indefinitely. The ruling by Judge Dabney L. Friedrich puts a halt on the sports betting quietly launched by the Seminole Tribe on Nov. 1, but it also stops the other provisions of the gaming compact signed between DeSantis and the Seminole Tribe, and approved by the Florida Legislature. The decision is a victory for the owners of Magic City Casino and Bonita Springs Poker Room and a group of plaintiffs that includes No Casinos and Miami businessmen Armando Codina and Norman Braman.

“Florida gas prices spike as Thanksgiving travel traffic nears ” via Jay Cridlin of the Tampa Bay Times — Gas prices this holiday travel week will hit their highest of the year in Florida, according to AAA, the Auto Club Group. The average price per gallon in the state on Monday was $3.35 per gallon, higher than in any state south of Illinois and east of Colorado. The statewide average was just below the national average of $3.42 per gallon, with the Tampa Bay average a cent or two below that, according to gas tracking site GasBuddy. But prices in both Tampa Bay and Florida have spiked in the past week, with local prices jumping nearly 15 cents and statewide prices jumping more than 10 cents. The result: Florida’s highest gas prices of 2021, up $1.33 per gallon year over year.

DeSantis Names New Corrections, DJJ, Elder Affairs Heads and Resilience Officer - Ricky Dixon, who started his career as a corrections officer and worked up through the ranks, will head the agency that runs the state's prisons, Gov. Ron DeSantis announced Friday. Dixon's was one of four appointments to head state agencies announced by the governor. DeSantis also named Michelle Branham as the new secretary of the Department of Elder Affairs. She has been vice president of public policy for the Florida Alzheimer's Association. Eric Hall was tapped to lead the Department of Juvenile Justice. Hall is a former state education official. Wes Brooks was named the new chief resilience officer. He comes to the job from the Florida Department of Environmental Protection. LobbyTools Governor's Activity / DeSantis Press Release / Miami Herald-Tampa Bay Times  

The state's chief resilience officer position, a job that includes tackling climate change issues, has been vacant for months. Associated Press / Florida Politics

Legislative …

Extended COVID-19 Legal Protections Eyed - The Senate Judiciary Committee next week will consider a proposal that would extend COVID-19 legal protections for health-care providers. The committee is scheduled to take up the measure (SPB 7014) during a Nov. 30 meeting. Lawmakers during the 2021 legislative session passed a bill (SB 72) that provided protections to health-care providers and other businesses from lawsuits related to issues such as transmission of COVID-19 and treatment of people with COVID-19. The law is scheduled to expire March 29, one year after it took effect. The new Senate bill focuses on health-care providers and would extend legal protections for them to June 1, 2023. The legal protections, for example, include a higher standard of proof for plaintiffs in COVID-19 cases against health-care providers. In such cases, plaintiffs have to prove “by the greater weight of the evidence that the health care provider was grossly negligent or engaged in intentional misconduct.” The bill that would extend the protections is filed for the 2022 legislative session, which will start in January.

“Joe Gruters, Jayer Williamson seek constitutional amendment allowing recalls for county officers ” via Jacob Ogles of Florida Politics — Most elected county officials in Florida face no risk of recall. But that could change with legislation just filed. Sen. Gruters, a Sarasota Republican, filed a bill (SJR 1004) to place a constitutional amendment on the ballot expanding Florida’s recall law. Rep. Williamson, a Pace Republican, filed an identical bill (HJR 663) in the House. Right now, only municipal and charter county officers can face a voter recall. But the amendment would significantly increase the number of officials at risk. “The legislature may provide by general law for the recall of county officers and commissioners,” the text of the bill as proposed reads.

COVID-19 …

Disney Pauses Vaccine Mandate for Employees - The Walt Disney Company is putting its requirement that workers at its Florida theme park be vaccinated on hold following the Legislature's passage of a new law that makes vaccine mandates without several exemptions illegal. A company spokesperson said over the weekend that the company's requirement will be paused, despite a deal struck with workers over the issue and a company statement saying it still believes the rule was needed to protect the safety of guests. New York Times

“Slam dunked in the trash: DeSantis predicts demise for Joe Biden’s vaccine mandate ” via Renzo Downey of Florida Politics — DeSantis told reporters in Jacksonville on Monday that he doesn’t believe the order, which mandates the vaccine or weekly testing requirements for workers in businesses with 100 or more employees, will ever see the light of day. “I don’t think it’s ever going to apply,” DeSantis said. “I think the 6th Circuit is going to slam dunk this thing into the trash bin, and it’s going to be done, so it’s never going to go into effect.” The ruling may go back and forth while it works its way through the “legal pingpong” of the courts, he continued. “But at the end of the day, it’s not going to survive scrutiny before the full 11th Circuit or in front of the U.S. Supreme Court.”

“State health department sets workplace COVID-19 vaccine rules. There’s a lot of leeway ” via Kirby Wilson of the Miami Herald — On Thursday, Surgeon General Dr. Joseph Ladapo signed an emergency rule outlining several exemptions an employee can claim to avoid a workplace vaccine mandate. Earlier that day, DeSantis had signed a law restricting a company’s ability to mandate vaccines unless they offered certain carve-outs. Experts say the rules handed down by the state health department come with loopholes that are easily exploited by workers who do not wish to get vaccinated. “For folks that really don’t want to get vaccinated, these exemptions provide countless ways to do that,” said Marissa Baker, an assistant professor of occupational health at the University of Washington’s School of Public Health.

“University of Florida scientists make promising discovery on COVID-19 treatment ” via Christine Jordan Sexton of Florida Politics — A combination of over-the-counter products can thwart the duplication of SARS-CoV-2, researchers at the UF and the University of Saskatchewan have discovered. Diphenhydramine, an antihistamine used for allergy symptoms, and lactoferrin, a protein found in cow and human milk used as a supplement to treat stomach and intestinal ulcers, have proved effective in retarding duplication of the virus during tests on monkey cells and human lung cells. The findings, published in the journal Pathogens and announced in a UF news release Monday, could eventually lead to the development of a product that could be used in the fight against COVID-19, said David Ostrov, an immunologist and associate professor in the UF College of Medicine.

“Jacksonville hospital’s staff vaccine suspensions on hold pending ‘clarity’ on legality ” via Beth Reese Cravey of The Florida Times-Union — Ascension St. Vincent’s has rescinded the suspensions of staff, including those at its three Jacksonville-area hospitals who were sent home because of failure to comply with the hospital’s Nov. 12 vaccine mandate. The move stemmed from conflicting state and federal rules about employee vaccine mandates, according to a Nov. 19 internal memo obtained by Action News Jax. The contents of the memo were confirmed by Ascension spokesman Kyle Sieg. “In order to be compliant with state and federal laws, Ascension Florida will be rescinding the suspensions of associates who were suspended pending their compliance with the … vaccine policy,” according to Friday’s memo from Tom Van Osdol, president and CEO of Ascension Florida and Gulf Coast.

“Kamala Harris to announce $1.5B investment in health care workforce ” via Alexandra Jaffe of The Associated Press — Vice President Harris will announce Monday that the Biden administration is investing $1.5 billion from the coronavirus aid package to address the health care worker shortage in underserved communities. The funding will go to the National Health Service Corps, Nurse Corps and Substance Use Disorder Treatment and Recovery programs, all federal programs that offer scholarships and loan repayments for health care students and workers if they pledge to work in underserved and high-risk communities. According to the White House, the money, which includes funds from the American Rescue Plan and other sources, will support more than 22,700 providers, marking the largest number of providers enrolled in these programs in history.

Elections …

“Donald Trump's ire grows as Ron DeSantis' popularity with Republicans takes off” via Gabby Orr and Steve Contorno of CNN — In a matter of months, DeSantis has gone from being a shining example in Trump's eyes of a MAGA leader molded in his image to an average politician who forgot his roots as he rose to Republican stardom. People close to both men first noticed the palpable shift in Trump's posture toward DeSantis earlier this year as enthusiasm for the Florida Governor swelled among donors and GOP operatives who praised his laissez-faire response to the COVID-19 pandemic. The more DeSantis' popularity soared, the more obsessed Trump became with receiving credit for his political celebrity. In April, Trump had told Fox News that DeSantis would "certainly" be under consideration for the VP slot if he were to launch a third presidential campaign in 2024. By October, the former President demanded that he publicly rule out a White House bid of his own.

GOP Registered Voter Edge Tops 4,000 - Nailing down what Republican leaders have been saying for several weeks, the state Division of Elections has posted numbers showing the GOP has outpaced the Democratic Party in registered voters in Florida. Of the state’s nearly 14.3 million registered voters, 5,118,357 were registered as Republicans and 5,114,039 were Democrats as of Oct. 31, according to the Division of Elections website. Another 252,492 were registered with third parties and 3,814,567 had no party affiliation. During an appearance Nov. 5 at the National Conference of State Legislatures Republican breakfast in Tampa, Gov. Ron DeSantis said Republicans had surpassed Democrats. “When I got elected governor, we had 280,000 more registered Democrats than Republicans in the state of Florida," DeSantis said at the time. "Today --- and it'll probably be fully publicized very soon --- today, for the first time in the history of Florida, we've now overtaken Democrats.” Party organizations have long compiled data from county supervisors of elections, making numbers available to them before it is posted by the state. While Democrats historically have had a registration edge, Republicans have dominated state politics for more than two decades, controlling the governor’s office, the state House and the state Senate.

Redistricting …

“Kathy Castor, a Tampa Democrat, may end up in a swing district ” via William March of the Tampa Bay Times — The draft map proposals from the Florida Senate redistricting committee for new congressional districts could lead to a major shake-up in the Tampa Bay area delegation, including the first serious challenge to Castor since her 2006 election. Political insiders had few ideas about what prominent Republicans might step up as challengers if the districts end up looking like the Senate proposals, but said there’s sure to be intense interest.