Legislative Update - December 22, 2021

Governor Ron DeSantis gave state employees a few extra days off for the holiday season.  The employees will have December 23 & 24 off as well as December 30 & 31.

Florida trailed only Texas in population increases from 2020 to 2021, while the nation had the slowest growth rate in its history, according to information released Tuesday by the U.S. Census Bureau.

Florida grew by 211,196 residents from July 1, 2020, to July 1, 2021, to a population of 21,781,128, the census estimates show. Texas grew by an estimated 310,288 residents to a population of 29,527,941.

California continued to have the nation’s largest population at 39,237,836, though it lost a net 261,902 residents from July 1, 2020, to July 1, 2021. New York saw the largest decline of 319,020 residents, with its population dropping below 20 million, according to the census bureau.

While areas of the country such as Florida and Texas continued to see significant population increases, the nation’s growth rate was 0.1 percent, the lowest rate ever. The census bureau said that stemmed from a combination of factors, including COVID-19 deaths.

The census bureau said 33 states saw population increases from 2020 to 2021, and 17 states and the District of Columbia lost population. Generally, the numbers show population shifts from states such as New York, California and Illinois to states in the South and parts of the West.

The largest numeric population gains were in Texas, Florida, Arizona, North Carolina and Georgia. The top percentages of growth were in Idaho, Utah, Montana, Arizona and South Carolina. Florida was eighth in percentage of growth.

Cigarette use by young people in Florida continues to drop, but Surgeon General Joseph Ladapo says vaping is increasing. Health News Florida

Governor Touts Job Growth - Gov. Ron DeSantis highlighted Florida's job growth for November on Friday, noting that the Department of Economic Opportunity reported that the state gained 51,100 jobs while the U.S. in total only gained 210,000 jobs. DeSantis also noted that Florida ranked fourth in the country on the Tax Foundation's State Business Tax Climate Index for the fifth year in a row. DeSantis Press Release / DEO Press Release

DeSantis Budget Gets Mixed Reviews in Finance Sector - Gov. Ron DeSantis' proposed fiscal 2022-2023 budget is drawing both praise and criticism in financial sectors. The proposed spending plan is 1.8% smaller than the current year budget amid generous federal coronavirus relief funding. The Bond Buyer

“Ron DeSantis shares stage with activist who posted QAnon-related conspiracy theories on social media” via Gary Fineout of POLITICO — A Miami activist DeSantis’ office hand-picked to amplify his criticism of critical race theory has espoused views aligned with QAnon conspiracy theories and appears to support those who stormed the U.S. Capitol on Jan. 6. Eulalia Maria Jimenez, the chair of the Miami chapter of Moms for Liberty, stood with DeSantis earlier this week as he touted legislation to combat critical race theory. During the news conference, Jimenez described last year’s demonstrations after George Floyd’s killing as “race wars” and railed against critical race theory teachings. This marks the second time this year where DeSantis has given the spotlight to someone who appears to embrace conspiracy theories.

“A growing number of states are getting rid of requiring concealed weapons licenses. Florida could be next.” via Angie Dimichele of the South Florida Sun-Sentinel — Florida could become the next state in a growing number that allows people to carry their guns, openly or concealed, without requiring a permit. Gun owners who now carry hidden under their clothes would be able to walk freely into coffee shops, grocery stores and other public places with their weapons visible.

Lawmaker Files Bill to Allow Guns in Legislative Meetings - Anyone with a license to carry a firearm would be able to take their gun into legislative meetings under legislation (HB 6099) filed Monday in the House by Rep. Anthony Sabatini. Current statute has a list of places where guns aren't allowed to be carried openly or concealed even with a permit, among them courthouses, polling places, schools, bars and legislative meetings. The bill would remove legislative meetings from the list of places where guns are prohibited.

The Florida Public Service Commission agreed on Tuesday that Miami-Dade County will need a third telephone area code due to population growth. Unique phone number combinations with the current area codes are expected to be exhausted by the beginning of 2024. The discussion of the new area code follows a decision by the commission to add an additional area code in Palm Beach County for the same reason. Florida Politics 

COVID -19

Florida saw its recent COVID-19 caseload more than triple in the past week to nearly 50,000 cases. That's the first time since early October the state has had more than 20,000 cases in seven days and the first time since late September that Florida has seen more than 40,000. Fatalities from the virus remain low so far, however: last week's COVID death count in Florida was the lowest since early July. Florida Politics

COVID Watch: Cases Doubled in Second Week of December - The number of reported cases of COVID in Florida more than doubled during the week of Dec. 10-16 to about 4,200 per day on average, health officials said. State officials also said 39 deaths during the Dec. 3-9 period were attributed to the virus but noted the number could rise. Hospitalizations, however, are little changed. Tampa Bay Times / Miami Herald

Gov. Ron DeSantis and state Surgeon General Dr. Joseph Ladapo announced a new monoclonal antibody COVID prevention drug from AstraZeneca for immunocompromised patients will soon be available in Florida. The preventive therapy reduced the risk of patients getting COVID by more than 75% in clinical trials. DeSantis Press Release

UF Professors Feared Ladapo Appointment Was Rushed - Faculty in the University of Florida's Department of Medicine circulated a letter complaining that they were asked to vote on the hiring of Dr. Joseph Ladapo – appointed by Gov. Ron DeSantis to a dual role as state surgeon general and a UF faculty member – without having time to review his background or credentials. The group never sent the letter to the university administration. But group members said they had 48 hours to vote on Ladapo's appointment as a tenured professor of medicine. Tampa Bay Times

“Nearly a third of Florida’s new COVID-19 cases are breakthrough infections.” via Cindy Krischer Goodman of the South Florida Sun-Sentinel — Although the unvaccinated remain most at risk for COVID-19 with two variants in the state, the vaccinated Florida population clearly isn’t in the clear. According to the Florida Department of Health, about 30% of new COVID-19 cases in Florida in the last 30 days are breakthrough infections in people who have coronavirus vaccines but not a booster shot.

‘The normal shot’: No COVID-19 booster vaccine for DeSantis” via A.G. Gancarski of Florida Politics — DeSantis continues to warn that the definition of fully vaccinated will shift to include receiving a booster shot. His latest comments suggest that his “one-shot” Johnson and Johnson “jab” from earlier this year was the only vaccination he’s received. “I’ve done whatever I did, the normal shot, and that at the end of the day is people’s individual decisions about what they want to do,” DeSantis said when asked if he had received a booster shot by host Maria Bartiromo on Sunday Morning Futures. DeSantis acknowledged the need to issue appropriate warnings with vaccines but criticized the move to “hastily” pause shots. “That was a very high-demand vaccine prior to that happening.”

“Some antibody treatments won’t work on the omicron variant, experts say” via Skylar Swisher of the Orlando Sentinel — Some of the monoclonal antibody treatments Florida deployed to combat the delta wave of COVID-19 over the summer won’t work against the new omicron variant that is rapidly spreading across the world, experts say. Regeneron Pharmaceuticals announced this week that its antibody cocktail has “diminished potency” against omicron but remains effective against delta. The U.S. government now is stockpiling another drug that appears to work against omicron, but supplies are a concern with cases rising across the country. DeSantis promoted Regeneron’s drug extensively during the delta wave, earning the moniker “Regeneron Ron” from critics who said he should have focused on vaccines at events, too, something he stopped doing in the spring.

“Regeneron monoclonal antibodies in short supply as COVID-19 crush hits Florida” via Christina Vazquez and Saira Anwer of WPLG Local 10 News — Miami-Dade County’s supply of the Regeneron monoclonal antibody treatment touted by DeSantis has been exhausted, the Mayor’s office told Local 10 News on Tuesday morning. Tropical Park in southwest Miami-Dade was the only county-run site offering the treatment for people who recently tested positive for COVID-19. The site will reopen on Wednesday, and patients will be contacted directly to reschedule appointments, the county said. Mayor Daniella Levine Cava’s office said several other parts of the state have also run out or will soon be without supply. They are requesting more “urgently” from the state health department. Some hospitals and doctors in the area still have doses for eligible patients.

A Biden Administration rule requiring large employers to mandate workers be vaccinated against COVID or undergo weekly testing is back on after an appeals court ruling Friday evening okayed the rule. The appeal is expected to continue, however, with a motion requesting a new emergency stay having already been filed with the U.S. Supreme Court. NPR / Scotusblog

Florida nursing homes have been slow to give residents COVID-19 booster shots, ranking third from the bottom nationally. According to the Centers for Disease Control and Prevention, 81% of state nursing home residents are fully vaccinated, but only 39% have received a third dose. WMFE

According to preliminary data, Moderna's current FDA-authorized COVID-19 booster shot increases antibody levels against the highly contagious omicron variant 37-fold compared to just two vaccine shots. NPR 

Florida will receive more than 3,000 doses of an antibody treatment that researchers say can protect immunosuppressed people and those allergic to the COVID-19 vaccines, Gov. Ron DeSantis announced Monday.

The two-shot antibody treatment called Evusheld provides about six months of protection if administered before a patient is exposed to the virus. WMFE

University of Florida researchers predict COVID omicron variant cases could surpass the delta variant surge by February 2022. According to their report, the state could soon see 40,000 new omicron infections per day. Tampa Bay Times-Miami Herald

Health Care …

Medicaid, TANF Enrollment Drops Projected - State economists are predicting Medicaid will serve about 8,000 fewer people in the coming than previously expected, estimating a total cost of $97.1 million for 31,394 low-income uninsured adults for the next fiscal year. The current state budget appropriated almost $30 million more. The Temporary Assistance for Needy Families program, otherwise known as TANF, will also see projected costs slashed by $26.6 million. Economists said the lower than anticipated enrollment in TANF was a result of assistance instead of being provided by the Florida Guardianship Assistance Program, which provides services to people caring for children who have been removed from their primary caregiver. Additionally, the Social Services Estimating Conference agreed to lower enrollment projections for the Florida KidCare program last week. Florida Politics 

The Agency for Health Care Administration granted initial approval for five new hospice programs in the state on Monday. Escambia, Marion, Polk, Indian River, and Palm Beach counties are expecting new hospice programs to launch by January 2023. Earlier this year, AHCA received a total of 24 certificate of need applications from vendors vying to serve in areas with a need for end-of-life services. Florida Politics

Elections …

Murphy Won't Seek Re-election to Congress - Central Florida Democratic U.S. Rep. Stephanie Murphy announced Monday she won't seek re-election to Congress. Murphy, the first Vietnamese-American woman to serve in Congress, is in her third term representing Florida's 7th Congressional District and sits on the Armed Services and Ways and Means Committees. So far, four Republicans have filed to run for the 7th District seat in Congress, including state Rep. Anthony Sabatini. Twitter / Orlando Sentinel / The Hill / Roll Call / Politico / CNN 

Governor's Proposed Election Fraud Unit Would Have 45 Investigators, $5.7M Budget - A new state office that would investigate election security issues proposed by Gov. Ron DeSantis would have 45 investigators and a $5.7 million budget under the governor's current plan. The investigative office, announced along with the governor's budget proposal, would likely be the first of its kind in the nation – and would have more investigative staff than most major cities have investigating murders. The plan would have cases of voting fraud prosecuted by the existing Statewide Prosecutor's office, which would have six new employees to work on the cases. Tampa Bay Times-Miami Herald

In less than a year, Florida voters will make some big decisions, including whether to re-elect Gov. Ron DeSantis and U.S. Sen. Marco Rubio or replace them with the eventual Democratic nominees they’ll face on the November ballot.

“Before You Vote” hopes to help voters make a more informed decision with a pair of General Election debates for the statewide races.

The exact dates haven’t been set, but they’ll each be held on a Tuesday night in mid-October — Oct. 11 and Oct. 18 seem the most likely but put it in pencil for now. Palm Beach State College in Lake Worth will serve as the venue.

“Florida was once the perennial swing state. 2022 may prove how red it has become” via Steve Contorno of CNN — Four years ago, Republicans and Democrats in Florida were similarly optimistic about their chances of winning the Governor’s mansion and a tossup race for a U.S. Senate seat during the 2018 midterms. The results of those races devastated Democrats but nevertheless seemed to reinforce Florida’s status as a purple state. But doubts are creeping in as the calendar turns to 2022, as Republican momentum and Democratic malaise have many seeing a deeper shade of red here. On the back of DeSantis‘ aggressive governing style and national appeal among conservatives, Florida Republicans have built a media and fundraising juggernaut that Democrats have struggled to match.

Legal

10 big legal issues to watch in 2022

Jim Saunders | News Service of Florida | 12/21/2021

From elections to vaccines, state and federal courts are weighing major Florida lawsuits. Here are 10 big legal issues to watch in 2022:

— ELECTIONS: With high-profile elections looming in November, Chief U.S. District Judge Mark Walker is slated to start a trial Jan. 31 in challenges by voting-rights groups to a controversial new elections law. Among other things, the law made it harder for Floridians to cast ballots by mail and added restrictions to drop boxes, where voters can drop off completed ballots.

— GUN PURCHASES: The National Rifle Association is asking the 11th U.S. Circuit Court of Appeals to reject a 2018 Florida law that prevents people under age 21 from buying guns. The law, passed after the mass shooting at Parkland’s Marjory Stoneman Douglas High School, was upheld by a federal district judge. The NRA argues the law is unconstitutional.

— LOCAL GUN RESTRICTIONS: The Florida Supreme Court has agreed to take up a case challenging a 2011 state law that threatens tough penalties if city and county officials approve gun-related regulations. Local governments began fighting the law after the 2018 mass shooting at Parkland’s Marjory Stoneman Douglas High School. The 1st District Court of Appeal upheld the law.

— MARSY’S LAW: More than three years after voters approved a victims’ rights measure known as “Marsy’s Law,” the Florida Supreme Court will consider whether the law can shield the identities of police officers involved in shootings. The 1st District Court of Appeal backed two Tallahassee officers who argued they were entitled to privacy protections because they were threatened in the use-of-force incidents.

— PROTEST CRACKDOWN: The 11th U.S. Circuit Court of Appeals is slated in March to hear an appeal by Gov. Ron DeSantis’ administration in a battle about a law aimed at cracking down on protests. DeSantis championed the law after nationwide protests in 2020 focused on racial justice. A federal district judge issued an injunction against the law, which enhances penalties and creates new crimes in protests that turn violent.

— SOCIAL MEDIA: The state wants the 11th U.S. Circuit Court of Appeals to overturn a preliminary injunction against a law targeting social-media giants such as Facebook and Twitter. The law, in part, seeks to prevent platforms from banning political candidates from their sites and requires the companies to publish and consistently apply standards. The online industry challenged the law on First Amendment grounds.

— SPORTS BETTING: Gov. Ron DeSantis and the Seminole Tribe are looking to a Washington, D.C., federal appeals court to salvage a gambling deal that allowed sports betting in Florida. A district judge said the deal violated a federal Indian gambling law. The deal, approved in a May special legislative session, called for the tribe to control online sports betting in the state. It was challenged by two pari-mutuel facilities.

— TRANSGENDER STUDENT: In a case that is drawing national attention, the 11th U.S. Circuit Court of Appeals is slated to hear arguments in February about whether a transgender male student should have been allowed to use boys’ bathrooms at a St. Johns County high school. A district judge ruled in favor of student Drew Adams, spurring the St. Johns County School Board to appeal.

— UF PROFESSORS: Chief U.S. District Judge Mark Walker will hear arguments Jan. 7 in a lawsuit filed against the University of Florida after it blocked political-science professors from testifying against the state in an elections case. Six professors contend that a university policy violates First Amendment rights. UF walked back the decision in the elections case, but the school has faced heavy scrutiny about the policy.

— VACCINE MANDATES: Attorney General Ashley Moody has gone to the 11th U.S. Circuit Court of Appeals after a district judge refused to block a Biden administration rule requiring health-care workers to be vaccinated against COVID-19. Moody, backed by Gov. Ron DeSantis, also is challenging a separate federal vaccination requirement for workers at federal contractors.