Legislative Update - December 3, 2021

The Florida Legislature finished its last week of interim committee meetings.  They have headed back to their districts for delegation meetings and holidays before returning to Tallahassee on January 11 for the 2022 Legislative Session.

Florida gets another boost in tax collections - With Gov. Ron DeSantis ready to release a 2022-2023 budget proposal next week, Florida continues raking in more tax dollars than expected. A new report said the state brought in $435.5 million more in general revenue in October than had been projected in an August forecast. General revenue plays a critical role for DeSantis and lawmakers, as they rely on it to help fund schools, health-care programs and prisons. The report indicated Florida consumers continued opening their wallets after saving heavily earlier in the COVID-19 pandemic. Of the $435.5 million in higher-than-expected revenue, $304.2 million --- or about 70 percent --- came from sales-tax collections. [Source: News Service of Florida]

“Ron DeSantis’ border mission cost at least $1.6M, an amount that is expected to rise” via Ana Ceballos of the Miami Herald — DeSantis over the summer sent dozens of Florida law enforcement officers and equipment to the southern border in Texas and racked up a taxpayer-funded bill that so far amounts to at least $1.6 million but is expected to keep growing. The seven-week trip, led by three state agencies, was cast by the Republican Governor as a needed measure to beef up security at the border amid the failures of President Joe Biden’s administration, while critics saw the effort as a state-funded political errand used to further DeSantis’ national footprint ahead of a potential 2024 White House bid. The Miami Herald reported earlier in November that the trip had cost taxpayers $570,988, but additional records show the actual cost was at least $1.6 million, a number that is still expected to grow.

DeSantis Proposes Budget Increase for Fla National Guard, Wants to Join Other States in Reinstating State Guard - Gov. Ron DeSantis said Thursday that he'll ask lawmakers to boost funding for the Florida National Guard by more than $100 million, but also proposed an additional volunteer "Florida State Guard" that would serve as an adjunct to the National Guard, taking on some of the same duties but without having to answer to federal authority. The move would re-create a force that was disbanded in the 1940s. "Re-establishing the Florida State Guard will allow civilians from all over the state to be trained in the best emergency response techniques and have the ability to mobilize very, very quickly," DeSantis said during a news conference in Pensacola. Such "state defense forces" are allowed by federal law and more than 20 states already have them. Much of the additional National Guard funding – more than $80 million – would go for construction of new armories in Homestead, Gainesville and Malabar and expansion of a readiness center in Miramar. Pensacola News-Journal / Florida Politics

“Gas prices are set to fall, thanks to the omicron variant. Here’s how much and how fast” via Ron Hurtibise of the South Florida Sun-Sentinel — Oil prices, which fell along with stock prices, failed to recover on Monday and could remain low enough to bring consumers relief at gas pumps, travel club AAA said. The drop in oil prices, triggered by fears that the new variant will throttle economic activity around the globe over the coming months, could shave 20 to 25 cents a gallon off the current $3.34 per gallon average price of unleaded regular. The price of U.S. crude oil fell 13% on Friday, closing at $68.15 a barrel, its lowest price since Sept. 9. On Monday, it settled at $69.95 and had fallen further to $67.62 by midmorning.

Regulators Urged to Back New Area Code - State regulators should sign off on creating an additional area code in Palm Beach County, as the 561 area code is in danger of running out of numbers, according to a recommendation by staff members of the Florida Public Service Commission. The North American Numbering Plan Administrator, an agency that oversees area codes, filed a proposal with the commission in October to approve what is known as an “overlay,” which means a new area code would cover the same territory as the 561 area code. New phone customers would receive the new area code, while existing customers would continue to use the 561 area code. With the commission slated to take up the issue Dec. 7, its staff last week recommended approval of the new area code. The proposal came after the commission during the past three years has approved new area codes for Central Florida, Northwest Florida and the Tampa Bay region amid concerns about long-established area codes running out of numbers. The state’s telecommunications industry has undergone massive changes during the past two decades as residents have unplugged traditional phone lines and moved heavily to cell phones and technology such as internet-based calling.

DEO Continues to Work Through Unemployment System Overhaul, Considering Online Chat - The Department of Economic Opportunity may add a chat help option to the state's online unemployment compensation system as it tries to modernize the system that struggled under the weight of massive layoffs early in the pandemic. Chat help may be more difficult for the state than for the private sector, however, lawmakers heard Wednesday, because of concerns over the need to securely provide certain types of documentation. Florida Politics 

Legislative …

“Senate panel agrees to introduce bill to extend COVID-19 liability protections for health care providers” via Christine Jordan Sexton of Florida Politics — The Senate Judiciary Committee on Tuesday voted to introduce a committee bill (SB 7014) to extend COVID-19 liability protections for nursing homes, hospitals and physicians until June 1, 2023, a tacit acknowledgment that the COVID-19 pandemic remains a concern. Chair Burgess, the sponsor, said he did not have any data on the number of COVID-19 related lawsuits filed. The June 1, 2023, expiration date for the enhanced legal protections aligns with the sunset date included in other recently enacted laws relating to COVID-19. That includes one law that bans Florida employers from requiring their staff to get vaccinated. The current law shields businesses and health care providers from COVID-19-related lawsuits only through March 2022.

Bill Would Protect Unconventional Doctors' Opinions - A recently filed bill would make it harder for the state to reprimand doctors who voice alternative medical opinions. HB 687 would still allow the Department of Health to revoke health care provider licenses but the agency would have to prove that any controversial statements made, such as in a social media post, caused direct physical harm beyond a reasonable doubt. The legislation comes after the newly appointed state surgeon general, Dr. Joseph A. Ladapo, was accused of spreading misinformation relating to the COVID-19 vaccine and other safety protocols like face masks. Florida Politics 

Family Caregiver CNA Bill Advances - The Senate Health Policy Committee unanimously passed legislation Thursday that would create a program for family caregivers to become certified nursing assistants. Under the bill, the Agency for Health Care Administration and the Board of Nursing would work together to help family members obtain 84 hours of mandatory training. The family member would also have to serve under contract with a licensed nurse registry for at least two years. SB 414 mimics policies already in place in other states such as Missouri and New Jersey, and the measure could help ease Florida’s health care worker shortage. The identical House version of the bill, HB 209, has yet to be heard in committee. Senate Press Release

Telehealth Rx Renewals Could Continue Under Bill Moving in Senate - Health care practitioners could authorize a renewal prescription of certain controlled substances through telehealth under a bill that unanimously passed the Senate Banking and Insurance Committee on Wednesday. SB 312 would also allow audio-only telehealth calls. During the beginning of the COVID-19 pandemic, the Department of Health temporarily allowed doctors to prescribe controlled substances to patients via telehealth and the practice was deemed successful. The benefits of telehealth were proven under the unique circumstances of the pandemic – helping the immunocompromised, the elderly, and those living in rural areas access health care while staying safe at home. The legislation has one more committee stop before it's ready for the Senate floor.

Related: After pandemic success, telehealth may be here to stay. Pew Stateline

Bill Would Regulate Kratom Sales in Florida - An Asian plant called kratom would be regulated because of its addictive psychopharmacological properties under a bill (SB 1076) filed Tuesday by Sen. Joe Gruters, R-Sarasota. The substance is illegal in some states, and the Food and Drug Administration has warned that "kratom, which affects the same opioid brain receptors as morphine, appears to have properties that expose users to the risks of addiction, abuse, and dependence." The bill would ban the sale of kratom to people under 21 and put regulations in place in a bid to prevent sales of kratom that contains other harmful substances. Florida Politics

The Senate's top health care budget writer is worried about a $1.8 billion Medicaid hospital financing program after the federal Centers for Medicare and Medicaid Services recently rejected a similar funding system in Texas.Florida Politics

HCA Healthcare plans to add new hospitals in Gainesville, Fort Myers and near the Villages the company's Florida division announced. Construction is expected to begin next year. Fierce Healthcare / Modern Healthcare

Proposal Would Require Social Media Literacy for Students - Public schools in Florida would have to provide instruction on social media literacy under a bill (SB 480) expected to be heard today in the Senate Education Committee. The measure, by Republican Sen. Danny Burgess, also would require district school boards to make social media literacy instructional material available online. A House version of the bill (HB 361) is awaiting a hearing in the House Early Learning Committee, one of four stops before the House floor. 

Certain actions by businesses during the pandemic wouldn't be able to be used as evidence in court cases under a bill (SB 542) approved by the Senate Commerce and Tourism Committee. The measure, by Republican Sen. Ana Maria Rodriguez, prevents plaintiffs from using the fact that businesses took "any action, including action required or suggested by any federal, state, or local law, ordinance, order, or directive, which is intended to protect public health and safety," as evidence in a court case.   

“Democratic lawmakers pitch Chief Diversity Officer position” via Jason Delgado of Florida Politics — Democrats in the Legislature are pushing Republican leadership to create a position of Chief Diversity Officer to join the ranks of state leadership. In 2022, lawmakers will consider a proposal to establish a statewide diversity and inclusion office in Florida. The proposals (SB 388 & HB 221) are sponsored by Democratic Sen. Lori Berman and Rep. Tracie Davis. The 2022 Legislative Session begins Jan. 11. “We can promote changes that increase equity and make government truly representative of the people, and it starts with passing this legislation,” Berman told reporters at a Tuesday news conference If OK’d by Republican leadership, Florida would become the latest state to appoint a diversity executive.

“Legislative ball starts rolling on additional lobbying restrictions for former officials” via Renzo Downey of Florida Politics — Lawmakers have set in motion provisions to further restrict public officials like lawmakers from lobbying in the years after leaving office. The House Public Integrity and Ethics Committee approved two proposed committee bills (PIE 22-01 and PIE 22-02) to implement 2018’s Amendment 12, which places business and lobbying restrictions on former lawmakers. Penalties under the measures include fines up to $10,000 and forfeiting money earned from illegally lobbying. People could also receive public censure or reprimand for violating the law. The first measure would extend, from two years to six years, the time in which lawmakers and state agency heads must wait after leaving office before lobbying legislators and other statewide elected officials.

The state's back-to-school item tax holiday would return next year for 10 days in the fall under legislation (SB 500) approved unanimously Tuesday by the Senate Commerce and Tourism Committee. The tax break could eventually get folded into a broader tax package as has been the case in past years. Florida Politics 

COVID-19 …

“Slammed nurses brace for omicron ‘nightmare’ in Michigan”via Pilar Melendez of the Daily Beast

Hospitals that participate in a federal drug price control program are more profitable and provide less charity care than hospitals that don’t, a new study found.

Florida continues to see a drop in COVID cases as vaccinations have slowly increased, Department of Health officials said. Just under 70% of those aged 5 and older are now vaccinated in the state and nearly 90% of those over 65, the most vulnerable group, are fully vaccinated against the virus. Both cases and the percentage of tests returning positive decreased in the state between Nov. 19 and Nov. 25. Florida Today

Federal judges in Missouri, Kentucky and Louisiana have now at least temporarily blocked Biden Administration vaccine mandates. A Missouri-based federal judge this week blocked a federal rule requiring health providers that receive Medicaid or Medicare funding to require staff to be vaccinated. That was followed by two similar rulings affecting other states. Axios / Florida Phoenix / National Law Review

“A federal judge blocks Joe Biden’s vaccine mandate for U.S. health workers.” via Azi Paybarah and Reed Abelson of The New York Times — A federal judge issued a preliminary injunction to halt the start of Biden’s national vaccine mandate for health care workers, which had been set to begin next week. The injunction, written by Judge Terry Doughty, effectively expanded a separate order issued on Monday by a federal court in Missouri. “There is no question that mandating a vaccine to 10.3 million health care workers is something that should be done by Congress, not a government agency,” Doughty wrote. The judge, who was nominated to the court by Trump, also wrote that the plaintiffs had an “interest in protecting its citizens from being required to submit to vaccinations” and prevent the loss of jobs and tax revenue that may result from the mandate.

Judge to reconsider Florida's effort to halt federal COVID-19 vaccine mandates - Pointing to a new state law, a federal judge has decided to reconsider Florida’s request for an injunction against a Biden administration requirement that workers at hospitals, nursing homes and other health-care providers be vaccinated against COVID-19. The legal wrangling came as the vaccination requirement for health-care workers is poised to take effect Dec. 6 --- and after U.S. District Judge M. Casey Rodgers on Nov. 20 denied a motion by the state for a preliminary injunction or temporary restraining order against the requirement. More from the News Service of Florida.

Wrangling continues in COVID-19 records fight - A Leon County circuit judge Wednesday rejected an attempt to shield a Florida Department of Health official from testifying in a public-records case that seeks to force the state to provide COVID-19 data. But Judge John Cooper immediately placed a stay on his ruling, as the department will challenge it at the 1st District Court of Appeal. [Source: News Service of Florida]

“Is Florida really the safest state in the U.S. for COVID-19? Don’t trust this CDC map that went viral online” via Cindy Krischer Goodman and David Schutz of the South Florida Sun-Sentinel — A federal map shows Florida having COVID-19 transmission rates lower than all other 49 states. But even though many are touting it as good news and proof that Florida’s pandemic policies are working, the map is misleading. Data that shows community transmission levels by county have not been updated for the state of Florida on the Centers for Disease Control and Prevention portal since Thanksgiving. The resulting map shows a sunny picture of COVID-19 in Florida, the only state with a low transmission rate. But without new case numbers updated since Nov. 25, the seven-day average for Florida is skewed downward while much of the rest of the country is red, illustrating high COVID-19 transmission rates.

Redistricting …

House Releases First Redistricting Maps, One Draft Could Oust Dem US Rep Murphy - The Florida House on Monday released its first proposed redistricting maps for Congress, as well as proposed redistricting maps for the state House of Representatives. House subcommittee staff created two map proposals for Florida's 28 congressional districts and three map proposals for Florida's 120 state House districts. However, some Democrats have voiced concerns of gerrymandering over one of the congressional maps that redraws the district currently represented by Democratic Congresswoman Stephanie Murphy and combines it with a different district which could integrate voters and flip the seat. Florida gained a congressional district due to population growth over the past decade, causing the map drafting to be tricky while attempting to represent communities fairly. The House Congressional Redistricting Subcommittee is scheduled to meet on Thursday while the House State Legislative Redistricting Subcommittee is slated to meet Friday. Representatives will discuss the map proposals then. Redistricting Materials / Florida Politics / Politico / Orlando Sentinel / Miami Herald / LobbyTools Calendar  

“Draft House maps: Five Southwest Florida incumbents share districts with colleagues” via Jacob Ogles of Florida Politics — Sarasota-Manatee: HD 70; neither of the House maps shows the district reaching south of Hillsborough County. A newly envisioned HD 62 in both drafts covers portions of St. Petersburg, Tampa, and Gibsonton. The most consequence is to Rep. Fiona McFarland, representing the region’s one true swing district. Much of her HD 72 falls now within HD 73 in both maps. Lee-Collier: Both show a House district holding most of Cape Coral, though it can longer be contained in a single district as existing HD 77. Florida Heartland: Rep. Kaylee Tuck lives under both draft maps in a new HD 83; Rep. Melony Bell loses any Southwest Florida constituency. DeSoto County becomes part of HD 76 now also encompasses east Charlotte County.

House Redistricting Chairman Criticizes Map Analysis

Merritt Island Republican Rep. Tyler Sirois, chairman of the House Congressional Redistricting Subcommittee, criticized the critics of the chamber's early redistricting effort on Thursday, and urged lawmakers to ignore "partisan narratives," following criticism of early staff-drawn maps that outside analysts say favor Republicans and could subject the Legislature's effort to court rejection. Representatives on the congressional redistricting panel asked questions regarding a split district in the Tampa Bay area and discussed why some state universities are on the border of some districts. Sirois emphasized that the maps submitted are not the final product and he encouraged members to file amendments. Additionally, the chair reminded members that there are multiple ways to draw a constitutionally compliant map. The Senate has already drawn and revised its congressional map proposals which will be reconsidered come the new year. The House State Legislative Redistricting Committee is scheduled to meet today. Miami Herald-Tampa Bay Times / Florida Politics / USA Today Network / Orlando Sentinel / Redistricting Committee Packet / Redistricting Materials 

What might redrawing North Florida's House districts mean for Tallahassee and Leon County? Tallahassee Democrat 

House maps could add more Florida Republicans to Congress” via John Kennedy of the USA TODAY Capital Bureau — The two House proposals would create 17 and 18 Republican-leaning congressional districts, potentially increasing the state’s number of GOP members of Congress from the current 16. The House approach also contrasts with Senate plans released earlier this month, which do little to disrupt Florida’s current partisan balance. The House plans are set to get their first public review by lawmakers Thursday when the chamber’s congressional redistricting subcommittee meets. Florida, which is adding a congressional seat because of population gains over the past decade, has been targeted as a likely 2022 battleground given its size and history of Republican-controlled legislatures pushing partisan maps.

Senate Redistricting Maps Boost Black Population in Miami, Broward Minority Districts - The Senate Select Subcommittee on Congressional Reapportionment and the Senate Select Subcommittee on Legislative Reapportionment both met Monday to review updated staff-drawn redistricting maps. Senators discussed the four newly revised maps of Florida's 40 state Senate districts after committee staff said they were able to increase the number of African-American voters in minority districts in Miami-Dade and Broward counties. The two subcommittees plan to submit their recommended maps to the full Senate redistricting committee when the Legislature meets again in January. Redistricting Materials 

Elections …

DeSantis thanks volunteers for voter registration effort — During a Tuesday conference call, DeSantis thanked GOP volunteers for their role in helping Republicans surpass Democrats in overall voter registrations for the first time in state history. In a statement issued through his re-election campaign, the Governor said the feat would “reflects years of hard work, combined with the success of our common-sense conservative policies.” He said new voters are tilting toward Republicans because the party has “prioritized the protection of individual liberties and the rights of parents, students, and workers all while promoting prosperity.” He continued, “While this milestone is a meaningful achievement, our work is not finished. We will continue our efforts to register more Republicans in the months to come and continue our work fighting to keep Florida free.”

Holness Sues Over Cherfilus-McCormick Win in CD 20 Dem Primary - Dale Holness, who lost by five votes in the Democratic primary to replace the late Alcee Hastings in the state's 20th Congressional District, is challenging the primary results in court. Holness is citing several issues in his suit, including an allegation that the winner, Sheila Cherfilus-McCormick, promised a program that would provide $1,000 cash benefits to people making less than a certain amount of money. Holness alleges that violates a Florida law against offering money in exchange for votes. Florida Politics 

“DeSantis seeks election fraud crackdown but ignores dark money-backed sham candidates” via Gray Rohrer of the Orlando Sentinel — DeSantis wants a new law enforcement division to investigate and punish election crimes, but he’s said little about the ongoing criminal case involving “ghost” candidates that helped swing one South Florida state Senate race in the GOP’s favor and influenced two others. That’s led Democrats to suspect his motives in pushing the election crimes crackdown, a legislative proposal that includes increasing the penalty for ballot harvesting, requiring more frequent cleanup of voter rolls and eliminating the use of unsecure drop boxes. “It seems completely politically motivated,” said Rep. Anna Eskamani. “Gov. Ron DeSantis wants to set himself up to be President in 2024, and part of that means going along with some of this extreme rhetoric around election fraud that isn’t accurate.”

RIP …

Carrie Meek, pioneering Miami congresswoman and champion of Black communities, dies at 95  

Former U.S. Congresswoman Carrie Pittman Meek, the first Black person to represent Florida in Congress since the post-Civil War Reconstruction and a fierce advocate for South Florida’s Black communities, Haitian immigrants and the working poor, died Sunday at her home in Miami after a long illness, her family said. She was 95.  

» More from the Miami Herald.

Medical Marijuana …

Bipartisan Effort Would Increase Regulations Related to Cannabis

A bipartisan effort in the Legislature could increase regulation of marijuana in the state, including allowing for additional regulation of a particular compound called delta-8 that is currently less regulated than other forms of cannabis. A measure (HB 679) filed in the House by Rep. Andrew Learned (D) and Rep. Spencer Roach (R) would add several new regulatory controls to marijuana, including a new requirement for additional training for doctors who recommend medical marijuana, new testing requirements for the product, and restrictions on medical marijuana advertising. But it would also seek to expand access in some ways, including allowing for doctors to address medical marijuana use in telehealth settings and extending the time during which medical marijuana registration cards are valid to two years instead of one. Miami Herald-Tampa Bay Times