Legislative Update - January 14, 2022

The 2022 Legislative Session began on Tuesday with speeches by Senate President Wilton Simpson, House Speaker Chris Sprowls and Governor Ron DeSantis. 

A farmer and entrepreneur, President Simpson shared his priorities to the Republican-dominated Senate during his speech opening his last legislative session. He opened with an introduction of his grandchildren, saying the body’s decisions will ripple beyond his generation into the next. “Every Legislature every year has another chance to make choices about what kind of government Florida is going to have,” Simpson said. “This Session, we have another chance to sow the seeds that will grow our tomorrow.”

During Speaker Sprowls’ speech Tuesday, he implored lawmakers to ask themselves what they are willing to risk improving the lives of Floridians and said they would be rewarded for thinking grander.

During the Joint Session, Governor Ron DeSantis opened his State of the State remarks by declaring Florida "the freest state in these United States." He then laid out a legislative agenda ready-made for the culture wars that have lately dominated the political arena, touching on critical race theory in schools, vaccine mandates, voting laws, abortion and police funding.

Democrats gave a rebuttal to the State of the State saying DeSantis' campaign-style rhetoric offers little for working Floridians, children, and the environment.

Session began without any COVID-19 restrictions.  About one-fourth of the people in the Capitol this week were wearing masks.

Opening Day of Session …

“Ron DeSantis draws contrast with federal government and Democratic-led states in State of the State address” via Steve Contorno of CNN — Painting himself and his state as the antidote to closed schools, government mandates, and Big Tech overreach, DeSantis delivered an election-year State of the State speech that emphasized the deepening divide between Republican and Democratic leadership during the pandemic. DeSantis opened his remarks by declaring Florida "the freest state in these United States." He then laid out a legislative agenda ready-made for the culture wars that have lately dominated the political arena, touching on critical race theory in schools, vaccine mandates, voting laws, abortion and police funding. DeSantis invited comparisons between Florida and states run by Democrats, and he levied sharp criticisms at the federal government's handling of the COVID-19 crisis without mentioning Biden by name.

“DeSantis calls Florida ‘the freest state,’ attacks federal government in address” via Steven Lemongello and Skylar Swisher of the Orlando Sentinel — DeSantis called Florida “the freest state in the United States” in his 2022 State of the State address Thursday, making his opposition to COVID-19 restrictions his centerpiece as he opened the 2022 Legislative Session. He also repeatedly slammed the federal government and bashed Democratic-run states, as he prepares for his re-election campaign this year and potentially a 2024 run for President. The Session opened at the Florida Capitol without any COVID-19 protocols, the day after the state set another record with more than 125,000 new cases amid the omicron wave. Total COVID-19 hospitalizations were down slightly but still at more than 9,000 statewide. Only a few legislators and spectators wore masks. One exception was Nikki Fried.

—Read the full text of DeSantis’ State of the State speech

DeSantis Proudly Touts Pandemic Response in State of the State - The state of the state is ... free from COVID restrictions, Gov. Ron DeSantis said Tuesday. "Florida has stood as freedom's vanguard," during the COVID pandemic, refusing to put rules in place that have infringed on people's rights in the name of fighting the disease, the governor said in a State of the State speech touting Florida's role as an "escape hatch" for people from other states who have, the governor asserted, chafed under unfair and ineffective efforts to reduce spread of the virus. And that model for state policy making will continue, DeSantis said as he opened the final legislative session of his first term by urging lawmakers to help him keep Florida the "freest state." DeSantis gloated that his decisions proved right – while other states got the pandemic response wrong. "Florida has stood strong as the rock of freedom and it's upon this rock that we must build Florida's future," he said. The governor also touted the state's recent economic recovery, noting a booming bounceback that has pushed revenue collections above estimates in recent months and allowed him to propose a nearly $100 billion budget that still leaves about $15 billion in reserve – one of the highest hold-back numbers ever. He also took a Florida exceptionalism theme on the economy, contrasting the state's rising economic tides with the inflation roiling the national economy that he blames on federal policies. The governor had already announced most of his top priorities for the session, including funding for additional money for police and corrections officers. He also reiterated earlier pronounced stances on fighting election fraud and opposing the teaching of critical race theory in schools. DeSantis also announced his support for funding for a memorial for the victims of the Champlain Towers condo building collapse. Florida Politics / Tampa Bay Times-Miami Herald / Orlando Sentinel / Associated Press / CNN

“Wilton Simpson kicks off Session” via Jason Delgado of Florida Politics — Simpson ushered the 2022 Legislative Session into motion Tuesday, marking Day One of the Republican leader’s final term in Tallahassee. A farmer and entrepreneur, Simpson shared his priorities to the Republican-dominated Senate. He opened with an introduction of his grandchildren, saying the body’s decisions will ripple beyond his generation into the next. “Every Legislature every year has another chance to make choices about what kind of government Florida is going to have,” Simpson said. “This Session, we have another chance to sow the seeds that will grow our tomorrow.” Simpson’s priority list included many of DeSantis’ high-profile desires. He touted efforts to provide bonuses and pay increases to first responders, school staff and state employees.

Simpson Touts Plans for Boosting Pay, Bolstering Child Welfare and Environment - Senate President Wilton Simpson opened the new legislative session asserting lawmakers will spend more money on law enforcement and corrections officers and will prioritize education spending increases to include those besides teachers who make the school systems work, such as bus drivers and maintenance and cafeteria workers. Simpson, R-Trilby, also pushed for environmental stewardship, arguing that investing in environmental infrastructure assures the quality of life of Floridians and visitors associated with the state. Simpson also sent a message to local officials that he has heard their concerns about the Legislature interfering with local communities' ability to govern themselves, promising to "keep a sharp eye" on the Legislature's preemption efforts. But, he warned, lawmakers will continue to insist on fiscal responsibility at the local level to protect taxpayers from overspending by their local elected officials. Florida Politics / Simpson Opening Remarks as Prepared

“‘What are you willing to risk?’: Chris Sprowls says dream big for Session” via Renzo Downey of Florida Politics — During his speech Tuesday, Sprowls’ implored lawmakers to ask themselves what they are willing to risk to improve the lives of Floridians and said they would be rewarded for thinking grander. Encapsulating his message about dealing with risk is the COVID-19 pandemic. Conversations around the pandemic have at times been dominated by extremes, Sprowls added. Some believe the virus is a conspiracy theory to “microchip the masses” while others want to lock everyone at home, he continued. “We have the power to make this state a better, safer, more prosperous place for all Floridians,” Sprowls said. “The only question that remains is, to make that happen, what are you willing to risk?”

Sprowls Urges Lawmakers to Broaden Views, Take Risks - House Speaker Chris Sprowls challenged lawmakers on Tuesday to resist the urge to retreat to an easy comfort zone and to take a big picture view of problems facing the state and possible solutions. "It's our responsibility to appreciate the complexities and balance perspectives, to see both the risks and the opportunities presented in every issue, and to find a right path forward," Sprowls said in his speech opening the 2022 legislative session. Florida Politics / Sprowls Opening Remarks as Prepared

“On first day of Session, Democrats say DeSantis, Republicans 'running train off the tracks'” via James Call of USA Today Network — Republican lawmakers showered DeSantis with standing ovations as he outlined a state budget and policy proposals in a 2022 State of the State address during the ceremonial start Tuesday of a 60-day Legislative Session. Standing before a joint Session of the Florida House and Senate, DeSantis declared while pandemic policies in other states have sent people’s rights “to the graveyard,” Florida has stood as solid as a rock for freedom. However, his Democratic opponents in Tallahassee said DeSantis' campaign-style rhetoric offers little for working Floridians, children, and the environment.

Democrats Begin Session with Vacancies in Both Chambers, Super-Minority in House - Most of the legislative session that begins today won't include Democratic Sen. Perry Thurston, who resigned to run for a congressional seat and two Democrats in the House, both from South Florida, who also had to resign to seek the same congressional seat. None of the three candidates won in the congressional primary. While primary elections in the three districts are taking place today, the Senate district and House District 88 will remain vacant for most of the session, with a general election not scheduled by Gov. Ron DeSantis until early March, just before the end of the annual session. In House District 94, no Republican is running, so the winner of today's primary could be seated sooner, but that is up to Republican House leaders. While Democrats will have a big minority in the Senate where they'll be outnumbered 24-15, they could have just 40 seats in the 120-member House, creating a Super Majority for Republicans. Tampa Bay Times-Miami Herald 

Legislature Will Operate without COVID Restrictions - As lawmakers return to the Capitol for the 2022 legislative session this week, they'll work in a state Capitol complex open to all with no restrictions or concessions to the latest surge in COVID cases. During the regular 2021 session access to the Capitol was limited, seating was spread out in committee rooms and weekly testing for the virus was required. None of those rules will be in place for the session starting Tuesday. Some lawmakers were wary of the possibility for lawmakers and staff to get sick as hundreds go to work in the buildings next week. "This has huge potential to be a superspreader event," Sen. Lori Berman, a Palm Beach Democrat, told Florida Phoenix. "We're bringing all these people together from all over the place, and we’re putting them at risk by not at least wearing masks." Florida Phoenix

The Miami Herald looks at 10 "topics to watch" during the 2022 legislative session, which begins Tuesday. Miami Herald 

The USA-Today Network highlights issues to watch during the session. USA Today Network

Teacher and police pay raises, along with the redistricting requirement, will dominate the session. Orlando Sentinel

Legislative preview - Rags to riches - Flush state coffers will ease this year's budget process. Here's a closer look at the issues on the Legislature's agenda.  https://www.floridatrend.com/article/32907/legislative-preview--rags-to-riches

Legislation …

Early Abortion Ban Among Last-Minute Legislation - House leadership filed five priority bills on the first day of the 2022 legislative session, including one that bans abortions after 15 weeks and changes legal definitions of gestation. HB 5, and its similar but not identical Senate companion SB 146, does not give exceptions for rape or incest but would allow for abortions in extreme cases of serious medical emergencies affecting the mother, or if fatal fetal abnormalities are present. The measures follow abortion ban bills passed in Texas and Mississippi that are currently wrapped up in multiple lawsuits. Politico / Associated Press / Florida Phoenix / Tallahassee Democrat / Reuters

Other priority bills included proposed constitutional amendments (HB 1, SB 1746) that offer an additional $50,000 homestead property tax exemption for public service workers such as teachers and first responders, but the joint resolution would ultimately have to be ratified by Florida voters. Other priority legislation (HB 7, SB 148) involves a proposal called "Principles of Individual Freedom" that is backed by Gov. Ron DeSantis and responds to the teaching of critical race theory. 

“GOP bill in Florida would ban abortions after 15 weeks” via The Associated Press — Most abortions would be banned in Florida after 15 weeks of pregnancy under bills filed Tuesday by Republicans on the first day of the state’s annual Legislative Session. The measures (SB 146 & HB 5) by Sen. Kelli Stargel and Rep. Erin Grall are similar to a Mississippi law currently under challenge before the U.S. Supreme Court. However, it does not go as far as a Texas law banning abortion after six weeks of pregnancy, with enforcement provisions allowing citizens to sue abortion providers and anyone who assists in abortion after a fetal heartbeat is detected. The Florida legislation drew a quick endorsement from Speaker Sprowls, who said in a statement that House Republicans are “steadfast in our commitment to Florida’s children, both born and unborn.”

House and Senate Move Forward with Extension of COVID Legal Protections - A bill that would extend the timeframe of liability protections from COVID-related claims and lawsuits filed against health care providers moved forward in the Senate Rules Committee on Thursday. The Legislature passed the protective measure earlier this year but the law has an expiration date that only grants immunity through March 2022. SB 7014 passed 11-5 along party lines with Democrats voting against the extension. The proposal would extend the liability protections until June 1, 2023, or 14 months after the current statutory protections are slated to expire. The bill has been placed on the Senate special order calendar and is now ready for the floor. The House's version of the legislation is a committee bill (PCB HHS 22-01) that is scheduled to be considered in the House Health and Human Services Committee on Friday. Florida Politics

Telehealth Subscribing Bills Moving - Health care practitioners could prescribe certain controlled substances through telehealth services under a bill (HB 17) that unanimously passed the House Professions and Public Health Subcommittee on Thursday. The similar Senate companion, SB 312, also passed the Senate Rules Committee on Thursday and has been placed on the Senate special order calendar, ready for the floor. The Senate version differs from the House bill by allowing 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 while helping the immunocompromised, the elderly, and those living in rural areas access health care from the safety of their home. Florida Politics

Anesthesiologists launch ad campaign for Session — The Florida Society of Anesthesiologists on Tuesday announced it had launched a Session-long digital ad campaign in the Tallahassee market touting the benefits of physician-led anesthesia care. “As lawmakers arrive in Tallahassee, we feel it is vital to share a positive message that the physician-led team model for anesthesia medicine — currently in place in Florida — is not only the safest, but the most cost-effective, model as well,” said Dr. Leo Rodriguez, FSA’s president. The ads will air as pre-rolls before content on social media platforms, video sharing sites and major search engines.

To watch the ad, click on the image below:

Legislature Seeks to Consolidate Medicaid Managed Care Plans - The state's Medicaid managed care regions would be consolidated from 11 to eight under legislation filed by Sen. Jason Brodeur, R-Lake Mary. SB 1950 would also require managed care plans to contract with two of the state's cancer hospitals, Sylvester Comprehensive Cancer Center and Moffitt Cancer Center. Medicaid managed care contracts with the state are set to expire soon and the Agency for Health Care Administration has asked the Legislature for an additional $2 million to help the agency during the upcoming procurement process, which is expected to take place in 2023. Florida’s Medicaid program serves just under 5 million with most of the recipients enrolled in a managed care plan. Florida Politics 

Among the questions as the legislative begins is whether Surgeon General Joseph Ladapo is confirmed by the Senate, and what may emerge as priorities for House Speaker Chris Sprowls and Senate President Wilton Simpson. Politico Playbook

T-CPR’ bill gets first committee hearing Thursday — A bill that would authorize the use of telecommunicator cardiopulmonary resuscitation, or T-CPR, will get its first test Thursday during a meeting of the Senate Health Policy Committee. SB 890, sponsored by Sen. Burgess, would train dispatchers to provide step-by-step CPR instructions that callers can put to use while they wait for emergency personnel to arrive. The bill has been endorsed by the American Heart Association, which said T-CPR could be the difference between life and death, especially in rural areas, where it can take longer for emergency personnel to arrive. The House companion, HB 593, is carried by Rep. Dana Trabulsy.

“Lawmakers propose creating Veteran Suicide Prevention Pilot Program ” via Jason Delgado of Florida Politics — Florida may soon launch a Veteran Suicide Prevention Pilot Program under legislation sponsored by a bipartisan pair of lawmakers. The proposals (HB 1351 and SB 1712) would require the Florida Department of Veterans Affairs to offer pertinent training to county and city veteran service organizations. The training would emphasize crisis counseling that is tailored to veterans. Sen. Danny Burgess, a member of the Army Reserve, and Rep. Ben Diamond are the bill sponsors. On average, more than 500 veterans commit suicide each year in Florida. There are signs; however, the issue is growing worse.

“Bryan Ávila wants to know why nursing homes, hospitals always seek more money ” via Christine Jordan Sexton of Florida Politics — The state may be flush in money, but the Chair of the House Health Care Spending Committee says accountability still matters. Rep. Ávila pressed Agency for Health Care Administration Secretary Simone Marstiller on spending recommendations included in the proposed legislative budget floated by her boss, DeSantis. Among other things, DeSantis’s proposed health care budget for the fiscal year 2022-2023 budget recommended the state continue to provide rate enhancements to hospitals that provide the most amount of Medicaid in the state. The Governor also recommended the Legislature spend an additional $185 million to increase reimbursement rates for Florida’s 690 skilled nursing facilities.

“Lawmakers want state economists to examine costs, need for Medicaid developmental disability programs” via Christine Jordan Sexton of Florida Politics — Florida’s top economists could be taking a closer look at the number of people with developmental and intellectual disabilities in Florida who require home and community-based services. A pair of lawmakers have filed bills that require state economists from the Florida Legislature, the Governor’s Office and the state’s Medicaid program to provide lawmakers with information about projected enrollment and costs. However, the economists’ estimates do not give the lawmakers enrollment and cost projections for the Medicaid iBudget. In addition to requiring the Social Services Estimating Conference to develop iBudget enrollment and cost projections, the bill also requires conference members to provide projections on the number of people on the waitlist for iBudget services.

“Medicaid managed care bill drops on eve of 2022 Legislative Session” via Christine Jordan Sexton of Florida Politics — Sen. Jason Brodeur filed SB 1950, a 36-page proposal to reduce Florida’s number of Medicaid managed care regions, from 11 to eight, and require managed care plans to contract with two of the state’s cancer hospitals. Filed Monday, the bill, in an attempt to blunt potential legal challenges to the nine-figure Medicaid procurement, contains language that would preclude any managed care plan from providing care to any of its enrollees until all administrative challenges to the procurement are settled. Brodeur’s proposal would reconfigure the current 11 Medicaid-managed care regions. The bill consolidates Medicaid Regions 1 and 2 into a Medicaid Region A. Medicaid Regions 3 and 4 will roll into the new Medicaid Region B. And Medicaid Regions 5 and 6 are rolled together into Region C. The rest of the Medicaid regions remain the same, with letters replacing numbers.

“Sprowls says Medicaid managed care needs updating” via Christine Jordan Sexton of Florida Politics — Noting that the Medicaid mandatory managed care program was borne in the Florida House of Representatives, House Speaker Sprowls said Tuesday his chamber wants to change how the program provides that care to more than 4 million residents. Sprowls told reporters the program had done a good job of controlling costs and providing health care to the poor, elderly, and disabled residents who rely on Medicaid. “While no system is perfect — and clearly managed care is not perfect — it has done a good job of trying to treat the patient holistically,” Sprowls said. The Speaker’s remarks came one day after SB 1950, a 36-page bill that updates the mandatory Medicaid managed care system, was filed. The legislative interest in the program comes as the state prepares to begin work on a Medicaid procurement scheduled for 2023.

'Big Tech' Under Attack Again - Companies that record consumers' personal information and sell it are under attack again in Florida in data privacy bills that were filed again for the just-started legislative session. Last year, the House and Senate ran out of time trying to work out an agreement on the "Florida Privacy Protection Act". Two new pieces of legislation, HB 9 and SB 1864, would require online companies to disclose what type of information they collect on consumers and how they analyze or sell that information. The proposals also make it easier for users to block information from being collected and shared. However, the Senate version does not contain a private right of action for consumers but instead creates the Consumer Data Privacy Unit within the Florida Attorney General's Office to enforce the law. Currently, there is no federal protective law regulating internet users' privacy information. Florida Politics / JD Supra

DeSantis Budget Relies Heavily on Money from Washington - Some of the largesse in Gov. Ron DeSantis' nearly $100 billion spending proposal for the coming fiscal year, including a sure-to-be-popular cut in the gas tax, relies on nearly $4 billion in federal COVID assistance money that the governor's Republican party voted against. The governor's budget director, Chris Spencer, told the Senate Appropriations Committee on Wednesday that the governor thinks it's appropriate to use money from the federal assistance to backfill revenue that would be lost by cutting the gas tax because the governor blames the Biden Administration for the inflation that creates the need for the cut. "We're not using Florida tax dollars to offset that gas tax," Spencer said. "We're using some of the state’s fiscal recovery dollars." USA Today Network

Senate Pushing Governor's Emergency Fund - The governor would have control of $1 billion from the state general revenue fund after declaring a state of emergency under legislation that passed its first and only committee on Wednesday. SB 96 does not specify what constitutes an emergency but the measure passed the Senate Appropriations Committee 9-7 with Democrats and Sen. Jeff Brandes, R-St. Petersburg, in opposition. A companion measure creates the Emergency Preparedness and Response Fund within the governor's office as the vehicle for spending the money. SB 98 has been placed on the Senate special order calendar for a floor vote. The bills are sponsored by Sen. Danny Burgess, R-Zephyrhills. Similar legislation was passed last session but vetoed by Gov. Ron DeSantis after the federal government advised the state to not use COVID-19 relief money in such a manner. Florida Politics / Politico Pro

“Legislative leaders won’t endorse DeSantis’ elections package, but offer nods” via Renzo Downey of Florida Politics — DeSantis wants Florida to have a law enforcement office dedicated to enforcing election laws, and the state’s legislative leaders say the Governor has a point. But while the measure remains a top priority for the Gov., Senate President Wilton Simpson and House Speaker Chris Sprowls stopped short of fully endorsing DeSantis’ elections proposal. The measure calls for a statewide law enforcement office to investigate and prosecute election crimes and fraud, including “ballot harvesting” claims. The proposal also aims to add guardrails to ballot drop box laws and to increase how often elections supervisors clear voter rolls. Some activists and Democrats, including Biden, labeled similar election measures across the nation last year as “Jim Crow 2.0,” arguing they were affronts to voting rights.

“Data privacy redux? House, Senate stake familiar positions on suing tech companies ” via Christine Jordan Sexton of Florida Politics — Speaker Chris Sprowls appears unwilling to bend on giving Florida consumers more control over their private information, allowing them to sue companies that sell their information without consent. And his counterpart, Senate President Wilton Simpson, appears equally unlikely to change his mind that civil enforcement is not the proper solution for aggrieved consumers whose data has been sold. DeSantis supported increasing data privacy in his State of the State address but where the Governor stands on the lawsuit issue is unclear. DeSantis sided Simpson and the Senate on the issue last year despite appearing at a news conference with Sprowls when the bill was unveiled.

“Spencer Roach seeks end to committee week fundraising, zombie campaigns ” via Jacob Ogles of Florida Politics — Fundraising has largely stopped in Tallahassee since the Legislative Session began. But Rep. Roach wishes it had been cut off much sooner. “Committee weeks have devolved into a frenzied orgy of fundraising subsidized by the taxpayers,” Roach said. “It’s wrong, and it needs to end.” The North Fort Myers Republican filed legislation (HB 1359) ahead of Session to significantly alter Florida’s campaign finance laws. The bill includes a prohibition against fundraising during committee weeks. The bill would also slay so-called zombie campaigns — political committees that stop fundraising but which house dollars that can be drawn down for years. Language, as written, would dissolve any Florida political committee that doesn’t raise more than $5,000 over two years.’’

GOP Immigration Proposal Emerges - In one of Gov. Ron DeSantis’ priorities for this year’s legislative session, two Republican lawmakers have filed a proposal that seeks to ratchet up immigration enforcement. In the state.

Sen. Aaron Bean, R-Fernandina Beach, and Rep. John Snyder, R-Stuart, filed identical bills (SB 1808 and HB 1355) on Friday, nearly a month after DeSantis announced similar proposals during a news conference in Jacksonville.

DeSantis and Attorney General Ashley Moody have criticized Biden administration border policies for months, and the bills came as lawmakers prepare to start the annual legislative session Tuesday — and as DeSantis, Moody and dozens of lawmakers prepare for elections this fall.

The proposal would expand a 2019 law that bans so-called “sanctuary cities” in Florida and would crack down on transportation companies that bring undocumented immigrants into the state. The proposal would bar the state and local governments from contracting with such companies “if the carrier is willfully providing any service in furtherance of transporting an unauthorized alien into the State of Florida knowing that the unauthorized alien entered into or remains in the United States in violation of law.”

Strawberry shortcake is one step closer to becoming the state’s designated dessert after it cleared its first House committee.

COVID-19 …

Scotus Splits on Federal Vaccine Rules: OKs Health Care Worker Requirement but Tosses Larger Employer Mandate - The U.S. Supreme Court on Thursday blocked a federal mandate that would have required large employers to require employees be vaccinated against COVID or be subject to regular testing, but allowed to stand a narrower requirement that requires workers at health care facilities that receive federal money to be vaccinated. Associated Press / New York Times / Reuters / NPR

Related: The U.S. Supreme Court ruling requiring health care facilities that accept Medicare and Medicaid payments require employees to be vaccinated creates a serious bind for hospitals in Florida, where state law prevents the requirement. Gov. Ron DeSantis said Thursday that his administration will enforce the Florida law despite the Supreme Court ruling, which could mean facilities will have to choose between paying state fines or losing federal payments. Florida's law bans private employers from mandating vaccines without offering employees various ways to opt out. The law also bans vaccine mandates for public employers. Companies that violate the law face penalties of up to $50,000 per violation for large employers. Florida Hospital Association President Mary Mayhew urged Florida hospitals to comply with the federal requirement. Florida Politics / Orlando Sentinel

Gov. Ron DeSantis announced Friday that Florida received 15,000 doses of Regeneron, a monoclonal antibody treatment for COVID-19. The state originally asked for 30,000 additional doses from the federal government but only recently received half that amount. The doses will be distributed to treatment sites throughout the state as infections continue to increase. DeSantis Press Release

Staff shortages and the surge in COVID omicron variant cases continue to tax Florida hospitals, according to the Florida Hospital Association. WUSF

“Florida COVID-19 update: 71,742 new cases added to toll as hospital patients increase ” via Devoun Cetoute of the Miami Herald — Florida reported 71,742 COVID-19 cases and six new deaths Tuesday. In all, Florida has recorded at least 4,878,524 confirmed COVID-19 cases and 62,819 deaths. In the past seven days, as the omicron version of the virus circulates, the state has added 40 deaths and 65,551 cases per day on average. This rolling seven-day case average is the highest it’s ever been, breaking a record. There were 11,378 people hospitalized for COVID-19 in Florida. COVID-19 patients take up 20.41% of all inpatient beds in the latest report, compared to 19.96% among Tuesday’s reporting hospitals.

“Researchers: Florida’s omicron cases may peak soon but not before infecting majority of state” via Caroline Catherman of the Orlando Sentinel — Omicron cases in Florida will likely peak this week if they haven’t already. After the peak, cases will rapidly decline, and the wave could be over around the end of February, according to the mathematical model made by Tom Hladish, a research scientist in UF’s Department of Biology; biostatistics professor Ira Longini and Alexander Pillai, a research assistant. “Right now, we’re expecting it to die down dramatically because when you have such a big epidemic wave sweep through a population, you’re kind of depleting the susceptible fuel for the virus,” Hladish said. UF researchers previously predicted omicron would peak in February, assuming it would behave more like delta.

“About those expired COVID-19 test kits: Florida gets another extension to use them” via Kirby Wilson of Florida Politics — At the Capitol on Tuesday, Florida Division of Emergency Management Director Kevin Guthrie ran into Fried. He had news for her. Guthrie said that the federal government has agreed to give Florida another three-month extension to use the nearly 1 million rapid COVID-19 test kits that expired in a state warehouse at the end of December. Fried, Florida’s lone statewide elected Democrat and a candidate for Governor, had sharply criticized the DeSantis administration for letting the kits expire as the omicron coronavirus wave left thousands of Floridians scrambling for a test. In a statement last week, she called the Governor’s actions a “disgrace” and accused his team of having “lied and covered up the massive failure of a million unused tests.”

The federal Food and Drug Administration has agreed to extend the expiration date for nearly one million rapid COVID-19 test kits that expired in a state warehouse at the end of December. The tests had first expired while sitting in a Florida warehouse last fall. Florida requested federal authorization to use the stored tests. The Division of Emergency Management's request was granted on Wednesday according to Gov. Ron DeSantis. Miami Herald / The Hill / Fort Myers News-Press / WPTV / News4Jax / WFLA 

“CDC weighs recommending better masks against omicron variant” via Lena H. Sun and Rachel Roubein of The Washington Post — The CDC is considering updating its mask guidance to recommend that people opt for the highly protective N95 or KN95 masks worn by health care personnel, if they can do so consistently, said an official close to the deliberations who was not authorized to speak publicly. With the highly transmissible omicron variant spurring record levels of infections and hospitalizations, experts have repeatedly urged the Biden administration to recommend better-quality masks rather than cloth coverings to protect against an airborne virus and to underscore the importance of masking. “The agency is currently actively looking to update its recommendations for KN95 and N95 in light of omicron,” the official said. “We know these masks provide better filtration.”

“Cannabis sativa can prevent COVID-19 from entering human cells, researchers find ” via Tiffini Theisen of the Orlando Sentinel — Certain cannabinoid acids can help prevent the COVID-19 virus from entering human cells, according to a study published by researchers at Oregon State University. The compounds, cannabigerolic acid (CBGA) and cannabidiolic acid (CBDA) are found in hemp, aka cannabis sativa. “They are not controlled substances like THC, the psychoactive ingredient in marijuana, and have a good safety profile in humans,” said the study’s leader, Richard van Breemen. Van Breemen said the hemp compounds were effective against several COVID-19 variants by either preventing infections or shortening them. They work by binding to the SARS-CoV-2 virus’ spike proteins, disrupting these proteins’ ability to attach to receptors in human cells.

Omicron Variant Still Surging, but Declining Cases Expected Soon - Health experts say that the surge in COVID omicron variant cases could make the next couple of weeks in Florida difficult for hospitals, with hospitalization numbers continuing to rise. But the surge has burned through other populations quickly, and cases, and eventually hospitalizations, have fallen as quickly as they rose. Some other parts of the country are starting to see declining cases and disease modelers say the current surge will end with infections and hospitalizations dropping quickly in Florida by the end of the month. Some modelers say the number of cases may have already peaked in Florida, though hospitalizations lag case numbers. Sun Sentinel / WKMG 

“A wet January, thanks to COVID-19 ” via Danya Issawi of The New York Times — Between the emergence of a new, fast-spreading coronavirus variant, the sudden contraction of social life, business and school closures, and the fast approach of the coronavirus pandemic’s second anniversary, some people are wondering: Is this month really the time to stop drinking entirely? Deringer has opted for a middle ground. She’s using the month to go somewhat sober and swapping booze with a glass of diet tonic water combined with a nonalcoholic cocktail from Kin Euphorics, topped off with one of her “good ice cubes.” Throughout the pandemic, drinking has been a salve, a means of unwinding, and a point of social connection. Women and parents of young children, in particular, have turned to alcohol as a coping mechanism.

“Virus may infect most, Anthony Fauci says, but risk of severe illness ‘very, very low’ for vaccinated ” via Andrew Jeong, Ellen Francis, Brittany Shammas and Reis Thebault of The Washington Post — Fauci reiterated the stark warning that the coronavirus will probably infect most Americans eventually, but added an important caveat: While “virtually everybody is going to wind up getting exposed and likely get infected,” he said, “if you’re vaccinated and if you’re boosted, the chances of you getting sick are very, very low.” Fauci made the statement at a White House news briefing, echoing what other top health officials have said in recent days. His comments add to the growing list of clarion calls to the unvaccinated, urging them to get shots by citing grim numbers that show the uninoculated are in danger of serious illness. Fauci said that unvaccinated people are 20 times likelier to die, 17 times likelier to be hospitalized, and 10 times likelier to be infected than the vaccinated.

“Health care workers are panicked as desperate hospitals ask infected staff to return” via Rachael Levy of POLITICO — Hospitals and long-term care facilities are so short-staffed that many are compelling COVID-19-positive doctors and nurses to return to work, arguing that bringing back asymptomatic or even symptomatic staff is the only way they can keep their doors open amid a spike in hospitalizations. The practice, allowed by the most recent federal guidance, underscores the dire situation in which many facilities find themselves. While most health workers are vaccinated, many are still falling sick, exacerbating a staff shortage as more Americans seek hospital care. Health care workers around the country have reported being called into work even if they suspect they are infectious. In cases where workforce shortages become extreme, hospitals can bring back staff without any isolation period.

“Hospitals cut beds as nurses call in sick with COVID-19” via Melanie Evans of The Wall Street Journal — Rising numbers of nurses and other critical health care workers are calling in sick across the U.S. due to COVID-19, forcing hospitals to cut capacity just as the omicron variant sends them more patients, industry officials say. The hospitals are leaving beds empty because the facilities don’t have enough staffers to care for the patients safely, and a tight labor market has made finding replacements difficult. Staff shortages prompted the Mass General Brigham hospital system in Boston to keep 83 beds empty on Friday. The University Hospitals system in Ohio has closed as many as 16% of its intensive-care beds recently, while Parkland Health & Hospital System in Dallas has shut 30 of 900 beds.

Health …

“The new trend in health care: Do-it-yourself ” via Betsy Morris of The Wall Street Journal — Many doctors support patients taking more responsibility for their own care, but warn that too much DIY without expert guidance could miss important health problems. Despite those concerns, more physicians are recommending that patients shoulder at least some additional work, because staff shortages and worker burnout mean that patients often face long wait times for appointments and overloaded care providers. Some doctors ask patients to monitor blood pressure with devices they can buy at the pharmacy or on Amazon. Some doctors recommend a home test more often: A first-line screening for colon cancer that can reduce the need for a colonoscopy. Some tests allow users to collect their own stool sample at home then ship it to a lab for analysis.

Human Trafficking …

“Ashley Moody unveils new human trafficking initiative ” via Jason Delgado of Florida Politics — Moody announced a new initiative Wednesday to combat human trafficking in Florida. Dubbed the 100% Club, the initiative invites business owners to join other companies in vowing to train staff to spot and report instances of human trafficking. The companies, Moody suggested, will serve as partners to police. “We can’t be everywhere,” Moody said of law enforcement. “I wish we had a tremendous law enforcement presence in every area of our state to watch out and protect citizens. But we need partners in the community.” Florida will provide cards to all club members that feature the physical and verbal signs of human trafficking. The cards will also boast Florida’s new human trafficking hotline number, the first, Moody said, of its kind.

Florida’s Historic Capitol lit blue for Human Trafficking awareness — Attorney General Ashley Moody lit Florida’s Historic Capitol blue to mark National Human Trafficking Awareness Day, which aims to raise awareness of the crime and how to combat it. “One way we stop human trafficking is by shining a light on these atrocities. By illuminating the state Capitol blue in recognition of Human Trafficking Prevention Month and working with our government and community partners to increase awareness, we can encourage more Floridians to join our fight to end this horrific crime.” Moody said the color choice also reinforces the Blue Campaign — an initiative created to educate law enforcement, the public and other industry partners on how to spot and report cases of human trafficking. Information on how to spot and report human trafficking is available at YouCanStopHT.com.

“Jackie Toledo unveils human trafficking crackdown proposal” via Jason Delgado of Florida Politics — Rep. Toledo is spearheading a proposal to crack down on human trafficking in Florida. The bill (HB 1439) proposes a slew of provisions, including prohibiting hourly rate offerings at hotels and motels. It also seeks to raise Florida’s first-time penalty for those paying for sex, up from a first-degree misdemeanor to a third-degree felony. Toledo said those provisions, among others, aim to address the ongoing demand for forced labor. Dubbed the Human Trafficking Reduction Act, the bill would also require hotel operators to make guests show ID at the time of occupancy under the measure. Toledo said the proposal enjoys the blessing of the Florida Restaurant and Lodging Association.

Anti-Human Trafficking Bill Moving in Senate - A bill (SB 760) making it a felony to operate a house of prostitution and increasing penalties for human trafficking began moving this week in the Senate with unanimous approval from the Senate Criminal Justice Committee. Florida Bar News

Redistricting …

“Ray Rodrigues picks preferred maps for Senate Reapportionment Committee to consider” via Jacob Ogles of Florida Politics — Sen. Rodrigues, the Senate Reapportionment Committee chair, selected the base maps his committee will consider at a critical Thursday meeting. Rodrigues filed two shell bills ahead of Session that will ultimately hold the final Senate and congressional maps crafted by the Senate. Amendments on Thursday will reflect the result of weeks of pre-Session work. For the congressional map, Rodrigues chose draft map S 8040. He selected S 8046 as a base Senate map. Both come from the third round of draft maps produced by committee staff. On Monday, the Senate Congressional Reapportionment Subcommittee and Senate Legislative Reapportionment Subcommittee narrowed proposals down to two recommended choices for Rodrigues to choose from.  Senate Select Subcommittee on Legislative Reapportionment Committee Packet / Select Subcommittee on Congressional Reapportionment Packet / Florida Politics

Senate Panel Sends Maps to Floor - The Senate Reapportionment Committee chose Congressional and state Senate map proposals on Thursday. Both map proposals will now head to the floor for consideration from the full Senate. Florida's 28 district Congressional map proposal, SB 102, passed on a 10-2 vote with little discussion. However, a member from the public claimed the map failed to account for the state's 34% increase in the Hispanic population from the 2010 census. The state Senate district map proposal, SB 100, also passed on a 10-2 vote after an amendment by Sen. Audrey Gibson, D-Jacksonville, failed to stick. Members then held a raffle-style drawing to determine odd and even district numbers, which can affect which Senators could potentially serve an extra two years in the Legislature – totaling a potential 10-year term. Sen. Aaron Bean, R-Jacksonville, randomly picked the first card and the district number was odd. The House Redistricting Committee also met on Thursday and reviewed map proposals in a workshop but no votes were taken. Orlando Sentinel / Miami Herald / Tallahassee Democrat

The Senate has accused an ACLU staff attorney of violating the body's rules by presenting a proposed legislative district map without identifying his employer. The attorney, Nicholas Warren, who is an expert on redistricting and worked on the issue for the Florida Supreme Court a decade ago, said he was presenting the map on his own time as a resident of the state, not in relation to his work for the ACLU, which had no input on the map. Miami Herald-Tampa Bay Times

House Panel Hears Public Input on Redistricting - The House State Legislative Redistricting Subcommittee met Tuesday to hear comments from the public. A Marion County Commissioner urged members to not divide the Ocala area into two different state House districts and a Wakulla County Commissioner also asked members to consider a large rural district versus grouping some of rural north Florida in with the Tallahassee area. The House Congressional Redistricting Subcommittee met at the same time on Tuesday and also heard requests from the public. A spokesperson from the League of Women Voters urged lawmakers to consider minority districts when drafting the additional congressional district Florida gained due to population increase in order to avoid future lawsuits with the maps. Florida Channel Video: H State / Florida Channel Video: H Congressional 

Campaigns and Elections …

DeSantis Committee Tops $3.6M in December - Gov. Ron DeSantis’ political committee raised nearly $3.67 million in December and ended 2021 with about $70 million in cash on hand, according to a newly filed finance report. The Friends of Ron DeSantis committee raised about $64.3 million during the year and is poised to play a key role in the Republican governor’s re-election bid in November. State political candidates, committees and parties face a Monday night deadline for filing December reports. A report for DeSantis’ campaign account had not been posted to the Division of Elections website as of mid-day Monday. The political committee, however, continued piling up money, receiving 23 contributions of $50,000 or more during December. The largest contribution, $500,000, came from the Republican Governors Association, according to the report. Other large contributions included $200,000 from Kane Financial Services LLC of West Palm Beach. The DeSantis committee spent $251,815 during the month.

South Florida Special Elections - Two South Florida seats were filled Tuesday night — and likely favorites have emerged in two other races — after four Special Election contests in Broward and Palm Beach counties.

Democratic candidate Sheila Cherfilus-McCormick won the seat in Florida’s 20th Congressional District, formerly held by U.S. Rep. Alcee Hastings. Hastings died last April following a cancer battle, and his seat has sat open since.

After winning the Democratic nomination by just five votes, Cherfilus-McCormick coasted in the General Election in the deep-blue district, securing 78% of the vote according to Tuesday’s unofficial results.

Democrat Daryl Campbell, a former aide to outgoing state Rep. Bobby DuBosee, will succeed DuBose in the House District 94 seat after winning a four-way Special Democratic Primary Election.

Campbell won 40% of the vote, with Josephus Eggelletion III at 29%, Elijah Manley at 25%, and Rod Kemp at 6%. Campbell wins the seat automatically, as no other parties fielded candidates in the race. But it’s unclear as of yet if Sprowls will seat Campbell this Session given that the Special General Election — which again, is no longer needed — was scheduled for March 8.

In the Senate District 33 and House District 88 contests Tuesday, a pair of Democratic winners emerged. Each will move on to a Special Election against a Republican, though the Democrat in each race will be favored due to the blue lean in both districts.

Former Broward County Public Schools Chair Rosalind Osgood secured 74% of the vote Tuesday, compared to just 26% for Terri Ann Williams Edden, who works in the office of the Broward State Attorney. Osgood wins the Democratic nomination and will face Republican candidate Joseph Carter in the March 8 Special General Election.

In the HD 88 Democratic Primary, Jervonte “Tae” Edmonds defeated Clarence “Chief” Williams 65% to 35%. Edmonds is the founder of the mentoring program Suits For Seniors. He’ll face Republican candidate Guarina Torres in the March 8 Special General Election.

With her win Tuesday in a special election in South Florida, Sheila Cherfilus-McCormick became the first Haitian-American to be elected to Congress from Florida. She got about 78% of the vote Tuesday in the election to succeed the late Alcee Hastings. Former U.S. Rep. Mia Love from Utah, a Republican, was the first Haitian-American elected to Congress. Miami Herald

Economy …

“DEO Deputy Secretary: Florida expected to return to pre-pandemic employment level in 2 to 3 months ” via Caden DeLisa of The Capitolist — The state of Florida is expected to return to its pre-pandemic employment levels within the next 2 to 3 months, according to Adrienne Johnson, Deputy Secretary of the Division of Workforce Services at Florida Department of Economic Opportunity. Speaking at the 2022 Florida Chamber of Commerce Legislative Fly-In, Florida Chamber Executive Vice President David Gillespie discussed Johnson’s economic synopsis at large, focusing on the future of Florida and the state’s job growth through 2030. “Since the onset of the pandemic, and how Florida’s unemployment rate initially climbed to a record 14.2% at the onset of COVID-19, the unemployment rate of Florida has decreased now to 4.2% as of November of last year [2021], said Gillespie.