Legislative Update - December 10, 2021

Governor Ron DeSantis released his Freedom First Budget proposal with recommendations for fiscal year 2022-2023. The Freedom First Budget totals $99.7 billion, with total reserves exceeding $15 billion. According to the Governor’s press release, “The Freedom First Budget focuses on preserving freedom and prosperity for Floridians with record funding for education, environmental resources and law enforcement. The budget also protects freedom and liberty by once again rejecting mandates and lockdowns.”  To read the budget highlights click HERE

Also from the press release …

FLORIDA FIRST BUDGET: FLORIDA SUPPORT FOR HEALTH CARE

The COVID-19 pandemic has continued to have unforeseen consequences for workers. Florida is placing freedom above heavy-handed vaccination mandates and Faucism.

To support health care freedom and protect Floridians as they make their own health care choices, the Freedom First Budget includes:

• More than $200 million in funding to support direct care workers with pay raises.
• $100 million – a $37 million increase – for cancer research. 
• $15 million, an increase of $10 million over current year, in funding for Alzheimer’s Disease research to enhance diagnosis and prevention strategies for those Floridians impacted by this disease.
• $188.6 million in behavioral health initiatives including mental health and substance abuse services to ensure Floridians get the help that they need.
• $133 million to provide services to those served by the child welfare system, including foster parent support and adoption subsidies, including:
• $8.9 million towards childcare subsidies for foster parents, assisting them in covering the cost of early education and child care by raising the foster care subsidy up to $300 per month.
• $11.2 million for maintenance adoption subsidies and adoption incentives to aid state employees who make the decision to adopt a child from foster care. 

Gov. Ron DeSantis on Thursday pitched $1.156 billion in tax breaks for next fiscal year --- on such things as gasoline, back-to-school items and storm supplies --- as he released a $99.7 billion budget proposal.

The biggest potential tax break, which DeSantis had previously announced, would suspend state gas taxes for five months starting July 1, which is the beginning of the fiscal year.

DeSantis told reporters at the Capitol that providing a 25-cent-a-gallon break on gas taxes will “be a cushion and a buffer against the rising gas prices that we've seen over the last year.”

The Governor is also wants to hold a 10-day tax holiday in which back-to-school shoppers would be able to avoid paying taxes on clothing, school supplies and personal computers. He also is calling for a 10-day tax holiday on hurricane supplies and a seven-day “Freedom Week” tax holiday.

The Florida Ethics Commission has found probable cause to believe that Agriculture Commissioner and Democratic gubernatorial candidate Nikki Fried violated state law in her financial disclosure forms. Months prior, Fried amended her financial disclosure forms from 2017 and 2018 to reflect more than $400,000 earned in extra income. Fried will have a choice to either proceed with a public hearing or settle with the state

Attorney General Ashley Moody's Consumer Protection Division said it has recovered more than $11 million for consumers all over the country. The money was collected from businesses that used the COVID-19 pandemic to price gouge and commit fraud. It is against Florida law to price gouge during a declared state of emergency and companies that violate the law are subject to hefty fines. Moody urged Floridians to continue to report bad businesses and fraudulent consumer transactions.

State GDP Growth Should Return to More Normal Levels in Coming Quarters and Years After Big Post-COVID Rebound - State economic forecasters project Florida will see an increase in real gross domestic product of 4.5% for fiscal year 2021-22 down from rates around 7% for the first and second quarters of this year. The latest Bureau of Economic and Demographic Research estimating conference projections show annual growth of a more normal 2.5% for the 2022-23, 2023-24 and 2024-25 fiscal years. EDR Florida Economic Overview

Natural Gas Prices Continue to Rise, Florida Power and Light Customers to Pay More Come 2022 - The Public Service Commission voted to allow Florida Power and Light to pass on more than $800 million in higher natural gas prices to customers. Consumer groups argued that if the company did more to encourage energy efficiency, fossil fuel use could decrease. Commissioners emphasized that companies can't control the fuel market but urged Florida Power and Light to spread out the payments. Customers' average utility bill is expected to increase by roughly $7 come January. However, if the market for natural gas dips, customers could see a decrease. PSC Press Release

Incoming Call: Palm Beach Getting New Area Code - Palm Beach County will get a new area code as the population continues to grow. The Public Service Commission approved an overlay plan at a Tuesday meeting that will only affect new customers, or those wishing to add a new line. The available supply of 561 area code numbers is currently expected to run out in 2023. PSC Press Release 

Budget …

DeSantis Rolls Out Budget Proposal - Gov. Ron DeSantis proposed a $99.7 billion budget on Thursday with a heavy emphasis on bolstering law enforcement and election-year spending made possible by a strong economic bounceback and help from the federal government. With the state's coffers filled by growing revenue because of the recovering economy and augmented by billions in federal assistance money, the governor has the luxury of pushing new spending in several areas, including $1,000 bonuses for teachers and police, a raise for state workers, and nearly $1 billion for the environment. The budget also includes new money to battle election fraud and illegal immigration. Even with the new spending items, the overall spending plan proposed by the Republican governor would be smaller than this year's budget, coming in at $99.7 billion, while the current year budget earmarks $101.7 billion. DeSantis is calling his budget the "Freedom First Budget," playing off his re-election slogan. The governor's proposed budget would boost per-student spending in public schools by more than $200 per pupil, and includes no tuition increases for state colleges and universities. In a nod to concerns about inflation, the governor proposes setting aside a larger-than-usual amount – $15 billion – in reserve, leaving the money unspent and available for unexpected future needs. The proposal also aims to help Florida residents deal with inflation by including a tax break on gasoline. USA Today Network / Miami Herald-Tampa Bay Times / Orlando Sentinel / Bloomberg / Florida Politics / Capitol News Service / NBC Miami / WTSP / Governor's Press Release

Proposed DeSantis Budget Relies Heavily on Cash from Washington - Republican Gov. Ron DeSantis' proposed budget is underpinned by $3.5 billion from the federal American Rescue Plan, offering him a chance to use money sent to the state by a Democratic Congress and White House as part of his campaign against national Democrats. Politico

State Agencies Tout Budget Proposal Items - The state's health care agency highlights $166 million for hospitals and long-term care facilities and $120 million for an ongoing project to provide a connected technology program for various health care entities, the Department of Education highlights the governor's proposals for teacher pay increases and bonuses, along with more than $420 million for initiatives aimed at keeping schools safer, and the Department of Transportation highlights the governor's "historic" $10.4 billion in proposed transportation infrastructure spending. News Releases From: AHCA / DOE / FDOT / DCF / DEM/SERT / DEO / Enterprise FL / FWC

DeSantis Health Care Budget Nudges Health Care Funding Up, Continues Hospital Funding Unchanged 

The spending plan for the coming year requested Thursday by Gov. Ron DeSantis would increase Medicaid rates for providers of care for the elderly and those with developmental disabilities, but keeps base payments to hospitals essentially unchanged. The proposed budget for the coming fiscal year recommends spending $45.8 billion across five state agencies to keep the state’s health and human service-related programs funded, a $1.2 billion increase over current funding year spending levels. The higher spending is necessary partly because of an increase in the number of people eligible for state-paid health care services. Florida Politics

“Gov. Ron DeSantis unveils ‘Freedom First’ budget for ‘free state’” via Renzo Downey of Florida Politics

“‘Not enough’: House Democrats blast Gov. DeSantis budget as status quo” via Scott Powers of Florida Politics

“Gov. DeSantis says Florida Democrats don’t know what ‘everyday people’ want” via A.G. Gancarski of Florida

Politics

“Gov. DeSantis includes Seminole Compact revenue in budget despite court blow” via Renzo Downey of Florida Politics

COVID-19 …

COVID Cases At Lowest Level Since Early in Pandemic - Fewer Florida residents tested positive for COVID-19 in November than in any month since the earliest days of the pandemic in the spring of 2020, health officials said. The latest federal data show Florida reported 42,879 confirmed cases during November, the lowest monthly caseload since May 2020, before the first summer surge of 2020 hit Florida. Florida Politics

COVID-19 cases in South Florida have increased on a week-to-week basis following Thanksgiving but experts don't believe it's a major cause of concern. However, due to the omicron variant, health care leaders plan to monitor cases more closely. Florida Politics 

“Florida COVID-19 update: 1,886 new cases added to state tally, more in the hospital” via Devoun Cetoute of the Miami Herald — Florida reported 1,886 COVID-19 cases and no new deaths Tuesday, according to Wednesday’s report to the Centers for Disease Control and Prevention. The Florida Department of Health will most likely add deaths to the total. The state has done this in the past when it has added cases and deaths to previous days during the pandemic. In all, Florida has recorded at least 3,705,899 confirmed COVID-19 cases and 61,789 deaths. About 13,322,353 eligible Floridians — 62% of the state’s population — have either received both shots of a two-dose vaccine or completed Johnson & Johnson’s single-dose vaccine. There were 1,478 people hospitalized for COVID-19, according to the U.S. Department of Health & Human Services Wednesday report. This data is reported from 231 Florida hospitals.

“Rule to implement Florida law nixing employer vaccine mandates is underway” via Christine Jordan Sexton of Florida Politics

“Senate rejects Biden’s vaccine mandate for businesses” via The Associated Press — The vote was 52-48. The Democratic-led House is unlikely to take the measure up, which means the mandate would stand, though courts have put it on hold for now. Still, the vote gave Senators a chance to voice opposition to a policy that they say has sparked fears back home from businesses and from unvaccinated constituents who worry about losing their jobs should the rule go into effect. Lawmakers can invalidate certain federal agency regulations if a joint resolution is approved by both houses of Congress and signed by the President, or if Congress overrides a presidential veto. That's unlikely to happen in this case. Republicans said they are supportive of the vaccine, but that the mandate amounts to government overreach.

"UF researchers felt pressure to destroy COVID-19 data, faculty report says" via the Tampa Bay Times — "Fear of upsetting state officials is pervasive among faculty at the University of Florida, to the point that race-related references have been edited out of course materials and researchers felt pressure to destroy COVID-19 data, according to a report released Monday by a Faculty Senate committee. ... The committee received a flood of input from faculty, from stories about attempts to serve as expert witnesses to instances that dealt with race and COVID-19 research across disciplines. The report discusses several “challenges” faced by UF researchers who were working on COVID-19 with an unidentified state entity. It describes “external pressure to destroy” data as well as “barriers” to accessing, analyzing and publishing the numbers. Taken together, the report said, those problems “inhibited the ability of faculty to contribute scientific findings during a world-wide pandemic.”

“As COVID-19 persists, nurses are leaving staff jobs — and tripling their salaries as travelers” via Lenny Bernstein of The Washington Post

“Low vaccination rate among children in Florida concerns some pediatricians” via Senait Gebregiorgis of WFLA — Less than 10% of children between ages five to 11 in Florida are vaccinated. An estimated 1.6 million children in that age group live in the Sunshine State. Data released by the Department of Health on Dec. 3 shows 9%, or 158,017 of 5- to 11-year-old children, are vaccinated. “Certainly, it’s not as good as I had hoped it would be,” said Dr. Candice Jones, a pediatrician in Orlando. In early November, the vaccine became available to children after the FDA and CDC said it was safe. A vaccination event held at Sanford Civic Center in Seminole County on Monday, Dec. 6, was open to anyone eligible for a vaccine, but most people who showed up were parents with their children between ages 5 and 11.

“Hospitals refused to give patients ivermectin, political pressure followed” via Matt Volz of Kaiser Health News

“Want ivermectin for COVID-19 treatment? UF Health study may be for you” via Christine Jordan Sexton of Florida Politics — The University of Florida Health is looking for up to 200 people who are willing to participate in a national study aimed at learning whether three currently available over-the-counter drugs can help people manage COVID-19 symptoms and prevent hospitalizations. Initially, the university and One Florida + Clinic Research Network will be studying the effectiveness of fluticasone, an inhaled steroid commonly used to treat asthma and chronic obstructive pulmonary disease; fluvoxamine, a drug prescribed to treat depression; and ivermectin, an anti-parasitic drug in the form of a pill prescribed to treat people with infections caused by some parasitic worms. Study volunteers must be at least 30 years old, have tested positive for COVID-19 and have suffered, for less than seven days, from two or more mild COVID-19 symptoms.

Health Care …

In the wake of a national health care worker shortage, HCA Healthcare is donating $1.5 million to Florida A&M University's School of Allied Health Sciences. The donated funds will be used to create the HCA Florida Healthcare Simulation Lab. Donated money will also support internships and scholarships for students. Florida Politics

Hospitals around the state are set to receive shares of nearly $2 billion through the state's Medicaid managed care system under a new supplemental financing plan. Jackson Memorial, in Miami, will get just over $200 million as part of the funding initiative, the largest single amount. Florida Politics

Legislative …

Bill Aims to Protect Health Care Workers Speech Rights on Social Media - Medical professional boards would be prohibited from sanctioning doctors or other medical professionals over opinions they might express on social media under legislation filed Tuesday by Republican Sen. Doug Broxson. The measure (SB 1184) titled "Free Speech of Health Care Practitioners" is similar to a House bill (HB 687) filed recently by Rep. Brad Drake. The bill says the board "may not reprimand, sanction or revoke or threaten to revoke," a health worker's license or certification, unless it can prove that something they said "led to the direct physical harm of a person with whom the health care practitioner had a practitioner-patient relationship" within the previous three years. The measure also provides financial penalties for medical boards if they do try to sanction health care professionals and are unsuccessful. This past summer the national Federation of State Medical Boards said doctors have a responsibility to "share information that is factual, scientifically grounded and consensus-driven," and warned that doctors can face state sanctions if they promote unfounded ideas, but didn't take a position on legislation that prevents those sanctions. The COVID-19 pandemic and a few incidences of doctors around the country who have criticized standard treatments and vaccination, and promoted treatments that aren't in the mainstream, has given rise to a national debate over the degree to which doctors should follow broadly accepted medical protocols when giving advice publicly. 

Gov. Ron DeSantis is signaling he would sign legislation (HB 103) that would eliminate the need to have a concealed weapons permit to carry a gun in Florida.Florida Politics

The state would offer a refund of taxes paid on materials to harden homes and businesses against hurricanes and other natural disasters under legislation (HB 863) filed this week in the House. The measure is sponsored by Rep. Nick DiCeglie, R-Indian Rocks Beach. DiCeglie Press Release

Bills Filed to Repeal HB 1 Anti-Riot Law - The controversial "anti-riot" law passed earlier this year would be repealed by bills filed by Black Democrats in both chambers. Rep. Angie Nixon and Sen. Shevrin Jones are sponsoring HB 857 and SB 1172. They argue that the law created by last session's HB 1 violates Floridians' First Amendment rights to peacefully protest and strips local governments of their authority to control local law enforcement budgets. In September, a federal judge granted an injunction blocking certain portions of the new law, ruling some provisions are unconstitutional and violate freedom of speech rights. HB 1, a top priority of Gov. Ron DeSantis, increased penalties on people who participate in demonstrations that turn violent. It also sets up a process to block efforts by local communities to cut police budgets. Nixon and Jones say municipalities should have the right to address and respond to community needs when forming annual law enforcement budgets. Currently, nine Florida cities have filed a lawsuit challenging the law. HB 1 was largely a response to 2020 protests against violence in encounters between police and Black people that escalated after the high profile death of George Floyd in Minnesota. House Press Release / Florida Politics 

Elections …

“‘If I run, he won’t’: Donald Trump downplays DeSantis’ 2024 hopes” via A.G. Gancarski of Florida Politics — Trump continues to say DeSantis wouldn’t run against him in 2024, and couldn’t beat him if he did, while reminding voters DeSantis wouldn’t be Governor without Trump’s endorsement. During an interview, Trump offered his latest in a series of statements essentially claiming he made the Governor and that DeSantis knows better than to run against him in 2024. “I do think if I run, he won’t,” Trump said. “I know they try and create a friction. I don’t think it exists at all. It might, you know, you never know,” Trump added. “If he wanted to run, that’s OK with me. I think we’d win by a lot. But he’s good. And he’s done a good job as Governor.”

Gov. Ron DeSantis‘ political committee continued strong fundraising in November, with $4,531,294 spread among 1,232 new contributions, pushing the account north of $76 million on hand.

The Friends of Ron DeSantis November haul was its lowest monthly total since July, when the committee brought in $4,228,978.

“Crist surpasses $5M raised for Governor’s race” via Kelly Hayes of Florida Politics — Crist has surpassed $5 million raised since launching his 2022 gubernatorial campaign, a landmark crossed after raising more than $607,000 in November, his campaign announced Wednesday. The St. Petersburg Democrat’s fundraising haul brings his campaign to $3.54 million cash on hand. More than 21,000 individual donors have contributed to either his campaign or affiliated political committee, Friends of Charlie Crist. “From my hometown of St. Pete to the Panhandle and the Keys, I am humbled to see that our campaign’s message of a Florida for all Floridians is connecting with millions of our fellow neighbors looking for change and a path forward,” Crist said.

A political committee led by Sen. Ben Albritton, a Wauchula Republican who is expected to become Senate president in 2024, hauled in $286,000 in November, according to a newly filed finance report.

Rep. Ralph Massullo is running for the Florida Senate.  The Lecanto Republican told Florida Politics late Monday that he has filed paperwork to run in Senate District 10, the seat currently held by Senate President Wilton Simpson, who is term-limited.  Rep. Blaise Ingoglia has already filed to run for Senate District 10 and has support from US Senator Marco Rubio.  Ingoglia has a huge lead in fundraising too. His PAC raised more than $139,00 last month and has $303,000 in the bank.

A political committee led by incoming House Speaker Paul Renner, R-Palm Coast, raised $345,000 in November.  The Renner-chaired Conservatives for Principled Leadership committee had about $1.37 million in cash on hand as of Nov. 30. 

“Judge orders hearing into claims that Seminole Tribe is blocking petition signatures” via Mary Ellen Klas of the Miami Herald/Tampa Bay Times

“Ethics panel finds that Nikki Fried may have violated Florida disclosure laws” via Bianca Padró Ocasio and Ana Ceballos of the Miami Herald — An ethics complaint filed days after Fried filed her paperwork to run for Governor was made by Leon County Republican Chair Evan Power. In the document, he alleged Fried failed to properly disclose over $400,000 she earned as a medical marijuana lobbyist through the consulting firm Igniting Florida. Although Power claims that Fried did not disclose lobbying work for the consulting firm Colodny Fass in 2017 and 2018, the panel’s investigative report confirms that the Office of Florida Lobbyist Registration and Compensation doesn’t show Fried was registered as a lobbyist for the firm during those two years and that she did not earn any payment from them. Once probable cause has been found, the person accused of an ethics violation has a right to a public hearing or trial where evidence can be presented.

“Nikki Fried campaign dismisses ethics ruling as political, baseless” via Jacob Ogles of Florida Politics

Marijuana …

Black Farmers Who Were Part of Class Action Can Now Seek Marijuana Growing Licenses - After a class action lawsuit and months of agency rulemaking, Black farmers seeking a medical marijuana license to grow can begin applying with the state in March 2022. Agriculture Commissioner Nikki Fried says the new rule, however, more than doubles the application fee and adds more extensive licensure requirements for farmers who were part of a class action settlement against the federal Agriculture Department. State law required that a member of the class get one of the marijuana licenses. The law was passed in 2017 and the Florida Supreme Court validated it in May. Initially, farmers were charged a $60,000 fee but currently applicants must now pay a $146,000 application fee. Fried has called for an investigation, saying the increased fees and revised application requirements are discriminatory. Floria Politics