Legislative Update - January 28, 2022

Friday was a quiet day in Tallahassee.  The House and Senate did not have any committee meetings and headed back to their districts for the weekend.  Below is a recap from this week.

One of Senate President Wilton Simpson priority bills passed on Thursday.  Dubbing it the “Local Business Protection Act,” the Florida Senate passed SB 620 by Senator Travis Hutson, a controversial bill that could lead to businesses filing lawsuits against cities and counties.

Senators voted 22-14 to approve the measure, which would allow businesses to sue local governments if ordinances cause at least 15 percent losses of profits.

The bill would apply to businesses that have been in operation for at least three years. It would allow them to file lawsuits seeking lost profits for seven years or the number of years the businesses have been in operation, whichever is less.

A day after Senate Democrats complained that Gov. Ron DeSantis’ nominee for Surgeon General would not answer their questions, Senate President Wilton Simpson promised Joseph Ladapo would be considered by the full Senate. Simpson was critical of Ladapo after the Surgeon General refused to wear a mask during a meeting with Democratic Sen. Tina Polsky, who has breast cancer. He said he made clear after the incident that the Senate will not allow people to be disrespectful to Senators. Still, the Trilby Republican told reporters that there are no “Washington-style politics in Tallahassee” and “the folks that the Governor has put in these places we will take a vote on.”

Protocols canceled: Legislators this year have taken a cue from the governor and adopted such an insouciant approach to COVID-19 they have abandoned all health-related protocols intended to slow the spread of the virus. Few legislators or lobbyists wear masks. There is no routine testing this year, and the only COVID-related social distancing that seems to prevail is the distance Senate President Simpson has kept between himself and reporters, by standing behind a raised podium and limiting questions.

Dems Seek More COVID Protocols - Democrats in the House are calling for stricter COVID-19 protocols at the Capitol to prevent outbreaks during the session, including calling for Zoom options for committee hearings. At least two Democratic legislators, Rep. Carlos Guillermo Smith and Sen. Darryl Rouson, said this past week that they missed recent committee meetings because of COVID infections. Florida Phoenix / Florida Politics

Booming state revenues give Legislature extra $4B for budget — Lawmakers will have an additional $4 billion more in state money available for the 2022-23 state budget due to higher-than-expected tax revenues. Matt Dixon of POLITICO Florida reported that most of the extra money comes from sales tax collections, which came in about $2.2 billion above what state economists forecast in August. They predicted that revenues will continue to grow over the coming months, adding to the “overage.” Lawmakers already had extra cash to play with by way of about $3 billion federal COVID-19 relief money from the stimulus package passed by Congress early last year.

Revenue Forecasters Boost Estimate - State economists forecasted last Friday that Florida will bring in nearly $4 billion more in general-revenue tax collections over two years than had originally been projected, citing strong consumer confidence and a continuing economic rebound. Forecasters warned, however, that the economic bounce back should slow with less stimulus money and anticipated interest-rate hikes. Revenue Estimating Conference GR Executive Summary / GR Financial Outlook Statement

Legislative …

HHS To Take on Telehealth Prescribing - The House Health and Human Services Committee is scheduled to consider legislation on Monday that would allow health care practitioners to prescribe certain controlled substances through telehealth services. If approved by the committee, HB 17 will be ready for the House floor. The similar Senate companion, SB 312, has already been placed on the Senate special order calendar, ready to be heard on 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. 

Telehealth Bill Passes in Senate - The full Senate unanimously passed a bill expanding telehealth services in Florida on Thursday. SB 312 allows health care practitioners to prescribe certain controlled substances through telehealth services, including audio-only 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. The measure now heads to the House where its similar companion, HB 17, has also passed all of its committees and is ready to be introduced on the House floor. Florida Politics

Update on Health Worker Shortage - The Senate Appropriations Subcommittee on Health and Human Services got an update on Wednesday on Florida's health care worker shortage with the Florida Hospital Association reporting that at least 70% of hospitals in the state are experiencing critical nursing shortages. Hospital officials said finding quality faculty members for nursing schools is part of the problem and a lack of scholarships is preventing students from applying. Additionally, colleges need more options to offer hands-on training such as clinicals. An increase in pay could also help attract more nurses, especially since there is competition among states that has been exacerbated by the COVID-19 pandemic and traveling nurses from other areas don’t normally end up staying or living in Florida. Florida Politics

Legislation to Allow Health Care Providers to Follow Their Conscience Approved - Legislation that would allow health care practitioners and insurers to deny services based on conscience advanced in the House Professions and Public Health Subcommittee on Tuesday. Supporters say the bill would protect the rights of medical professionals who object to providing health services because of their faith or morals, but opponents argue the language is ambiguous and would open the door to discrimination in health care. HB 747, sponsored by Rep. John Snyder, R-Palm City, does not clarify whether providers would have to set aside their conscience to provide care in emergency situations. The measure passed along party lines. The similar Senate companion, SB 1820, has yet to be introduced in committee. Tampa Bay Times / WESH / WTSP  

Lawmakers Take on Updates to Medicaid Managed Care - With the state's Medicaid managed care contracts expiring soon, the Legislature is seeking to revamp the laws regulating the program. The Senate Health Policy Committee is slated to take up a bill sponsored by Sen. Jason Brodeur, R-Lake Mary, on Wednesday and a similar House committee bill was filed earlier this week. Both proposals, SB 1950 and PCB FFS 22-01, consolidate the state's Medicaid managed care regions from 11 to 8 and, though they differ on the number of plans, the state would have to contract within each region. Both bills would keep Medicaid dental and medical services separate. The newly rewritten House measure also addresses health care worker shortages by allowing health plans to include nurse training expenses into their medical expenses and expands the use of funds to include students not in a physician residency. The House's 40-page legislation is scheduled to be considered in committee later this week. Florida Politics

Abortion Ban Bill Divides Floridians, Committee Shuts Out Public - Florida's controversial 15-week abortion bill drew a crowd of opponents to the Capitol on Thursday, forcing the House Health Care Appropriations Subcommittee to shut down public comments on the proposal due to time constraints, leaving the crowd chanting in protest as people were escorted out of the committee room. Lawmakers did hear more than an hour of testimony on the legislation (HB 5), which would ban abortions in the state after 15 weeks, revamp legal definitions of gestation and include other pregnancy initiatives, such as requiring a tobacco use prevention program. The bill, sponsored by Rep. Erin Grall, R-Vero Beach, 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 proposal follows recent abortion laws in other southern states that are awaiting a U.S. Supreme Court decision after challengers claimed the new policies were unconstitutional. The bill, a priority for House Republican leadership, ultimately was approved by the committee on a 10-5 vote along party lines. Multiple amendments were rejected, though one, adding a $1.6 million appropriation for fetal and infant mortality review committees, was added to the bill. The measure now heads to its final committee stop, the House Health and Human Services Committee. Its similar, yet not identical Senate companion, SB 146, has yet to be heard in committee. Florida Politics / Miami Herald-Tampa Bay Times / Florida Phoenix 

“Union dues bill returns to the House, renewing ‘union-busting’ accusations” via Renzo Downey of Florida Politics — Legislation asking public employees to opt in to unions, which some critics call a “union-busting” measure, is back this Session and moving through the committee process. The bills (SB 1458, HB 1197) would require public employees to sign a member authorization form to join a union. Unions also couldn’t deduct union dues from their members’ salaries. Union members would have to attest the decision to join was voluntary and that they know they have the right to not join a union. Unions also couldn’t ask members to state a reason why they file to leave a union. Rep. Scott Plakon, who has repeatedly backed union reform bills, told the committee the effort was to modernize the state’s laws around unions and union dues. “If it sounds like a union-busting bill, if it acts like a union-busting bill, and if it union busts like a union-busting bill, it’s a union-busting bill,” said Rep. Carlos Guillermo Smith.

Extension of COVID Lawsuit Immunity Advances - Legislation that would extend the timeframe of liability protections from COVID-related claims and lawsuits filed against health care providers cleared the House Judiciary Committee on Wednesday by a 15-5 vote. The Legislature passed the protective measure last year but the law has an expiration date that only grants immunity through March 2022. HB 7021, which is now ready to be considered on the floor, would extend the liability protections until June 1, 2023. The identical companion bill, SB 7014, passed the full Senate last week by a 22-13 vote. 

The Senate Judiciary Committee will take up a proposal (SB 1808), filed by Sen. Aaron Bean, R-Fernandina Beach, that seeks to ratchet up immigration enforcement in Florida. The proposal, a priority of Gov. Ron DeSantis, would expand a 2019 law that bans so-called “sanctuary cities” and would crack down on transportation companies that bring undocumented immigrants into the state. The bill also would require counties to enter agreements with U.S. Immigration and Customs Enforcement to participate in a program in which local law-enforcement officers help in immigration enforcement — agreements that many counties have already reached. 

Strawberry Important: Senate Passes Shortcake Bill - The Senate has put the state one step closer to having strawberry shortcake as the official state dessert. Associated Press

Senate Democrats Leave Ladapo Confirmation Hearing; GOP Senators Unanimously Support Him - Senate Democrats walked out of the Senate Health Policy Committee on Wednesday during a confirmation hearing for the state Surgeon General. Democratic members on the committee claimed that Dr. Joseph Ladapo was not answering their questions and instead gave lengthy responses to several "yes" or "no" questions. After the Democrats left the room, the Republican majority on the committee unanimously approved Ladapo's confirmation. Ladapo was appointed by Gov. Ron DeSantis in September but the physician's comments regarding the COVID-19 pandemic have been scrutinized by public health officials, who say he had downplayed the pandemic for political reasons. Ladapo will still need to go before the Senate Ethics and Elections Committee before his confirmation is sent to the full Senate. Tampa Bay Times / Tallahassee Democrat / Orlando Sentinel / Miami Herald / Associated Press / Florida Politics 

Related: Three Florida doctors on Wednesday urged Surgeon General Joseph Ladapo and Gov. Ron DeSantis to stop politicizing the COVID pandemic. Sarasota Herald-Tribune 

Redistricting …

“House advances first redistricting map, but Democrats have many questions” via Mary Ellen Klas of the Miami Herald — Democrats could gain as many as seven seats in the Florida House of Representatives and Republicans could retain a solid majority under a redistricting map approved Friday along partisan lines by a state House subcommittee. But despite their numeric gains, the proposal was criticized by Democrats who questioned several of the decisions made by staff, including why they did not maximize minority districts when it appeared population shifts would allow for it. “The state House map before you today is a constitutionally compliant work,’’ said state Rep. Cord Byrd who chairs the subcommittee. He said the plan creates 18 constitutionally protected Black districts and 12 protected Hispanic districts while doing a better job of keeping communities whole than the current map adopted by legislators a decade ago.

GOP controls, but Dems gain: Legislators moved closer to the finish line on their Senate and House maps by giving Democrats modest gains while securing a GOP majority for another decade. The state Senate passed a map, which the governor does not have veto authority over, that gives Republicans a likely 23-17 advantage over Democrats in the 40-member chamber — a one seat pickup for Democrats over the current map.

New Florida House boundaries approved, but draw fire over minority districts” via John Kennedy of the USA TODAY Network–Florida — A redrawing of Florida House districts that would position Republicans to maintain a sizable majority for the next decade is ready for a final vote in that chamber. Boundaries for the 120-member House would create 71 districts carried by Trump in the last election, compared to 49 that went for Biden, despite registered voters in Florida being close to equally divided among Democrats, Republicans and those with no party affiliation. The House currently has 78 Republicans. But Democrats on the Reapportionment Committee questioned why the new plan maintains 30 districts likely to elect a Black or Hispanic representative when these communities accounted for the bulk of the state’s population growth over the past decade. Many of these minority-heavy districts tend to vote Democratic.

“Florida House Redistricting Committee sends new statehouse map to the floor” via Jacob Ogles of Florida Politics — The Florida House Redistricting Committee has voted to send a draft map of Florida’s 120 House districts to the floor. Through a near party-line vote, the committee advanced the fourth proposed map (H 8013) from House staff. Only Rep. Anika Omphroy crossed party lines to vote yes. Rep. Leek, an Ormond Beach Republican and the Committee’s chair, said the map was the product of months of work. Most importantly, he said, that product came out constitutionally compliant. “This is one of the most arduous tasks,” he said. Rep. Joe Geller, a Democrat and the committee’s ranking member, called for a vote to delay approval of maps until an upcoming meeting, unsatisfied with the time given to review the last draft.

“Civil war: Likely Florida House map pits 19 incumbents against House colleague” via Jacob Ogles of Florida Politics — A map advanced by the House Redistricting Committee should establish the boundaries of political battles over the next decade. More immediately, it could force a number of fights between incumbent members of the House seeking election this year. An investigation by Florida Politics finds the current cartography (H 8013) could pit at least 19 sitting representatives against one another, presuming all remain in their current home. That means more than 20% of House members who have filed to seek another term will see colleagues, often within their own party, become nemeses.

Health Care …

With 2.7 million residents covered, Florida leads nation in 2022 ‘Obamacare’ enrollment” via Christine Jordan Sexton of Florida Politics — Florida once again led the nation in the number of residents who signed up for individual health insurance coverage during the 2022 open enrollment period. Data shows 2,723,094 Florida residents signed up for, or were re-enrolled in, health insurance through the federal health exchange for 2022. Nationally, about 14.5 million Americans signed up for individual health insurance policies during the open enrollment period, which ran from Nov. 1 through Jan. 15. Data shows that 2.98 million people were new customers. About 10.3 million people in 33 states, including Florida, used the federal exchange to secure coverage. Another 4.2 million people in 17 states used state-developed exchanges to secure individual health insurance coverage.

“Suspension of Dr. Raul Pino comes as administration tightens muzzle on public health, critics say” via Kate Santich of the Orlando Sentinel — The suspension of Orange County’s Dr. Pino, after urging his health department staff to get vaccinated against COVID-19, is the most blatant example yet of the state’s increasingly tight muzzle on health authorities fighting the pandemic, critics say, making Florida one of the most repressive in the nation when it comes to public health matters. The state in recent years has required even the most mundane public statements to be approved by administrators in Tallahassee. And previous Governors have been known to forbid county-level health workers from speaking in public forums on such topics as climate change. “This [suspension] is just shocking and dismaying,” said Dr. Leslie Beitsch, who worked for the Florida Department of Health for 12 years.

COVID-19 …

“DeSantis dodges COVID-19 booster shot question again, even as Donald Trump says not answering is 'gutless'” via Zac Anderson of the Sarasota Herald-Tribune — DeSantis again declined Friday to say whether he received the COVID-19 booster shot, even after his mentor, Trump, called politicians who dodge the booster question "gutless." DeSantis called his booster status a "private matter" during an event in Sarasota, despite having revealed details of his vaccination status in the past. “That’s something that I think people should just make their own decisions on," DeSantis said. "I’m not going to let that be a weapon for people to be able to use; I think it’s a private matter." DeSantis did disclose last year that he received the one-shot Johnson & Johnson vaccine. Trump was booed at an event in Dallas when he revealed that he received the booster.

“Florida is well behind other states when it comes to getting COVID-19 booster shots” via Diane Rado of Florida Phoenix — When DeSantis hinted Friday that he hasn’t gotten a COVID-19 booster shot, it wouldn’t be unusual. Florida is below the national average and well behind other states when it comes to COVID-19 booster shots that can help ward off COVID-19. But the numbers show that many people across the nation aren’t pursuing the booster shots, even as COVID-19 infections continue during the pandemic. Data from the C.D.C. show that only 35.6% of people in Florida have gotten a booster dose. That puts Florida’s ranking at 38th of the 50 states and the District of Columbia, and below the national average of 39.3%. Vermont, Minnesota, Wisconsin and Maine have the highest percentage of people, more than 50%, who have gotten the shots.

Florida tops 5 million COVID-19 cases” via Scott Powers of Florida Politics — Florida has now seen more than 5 million cases of COVID-19 among residents, with another 289,204 reported in the past week. The Sunshine State has recorded 5,280,903 confirmed cases of the coronavirus since it first emerged in March 2020. That is equal to about one in every four Floridians, though the COVID-19 total includes recurring cases of the disease suffered by some people. Florida’s latest total includes more than a million new cases that have been tallied just in the past three weeks, since the end of 2021, as the omicron surge has overtaken Florida. The most recent weekly total was a sharp drop from the record 429,311 cases recorded the week ending Jan. 14.

Florida has largest increase in deaths since Nov. 4; Orange falls below 30% positivity rate” via David Schutz of the Orlando Sentinel — Florida reported 27,533 new COVID-19 cases on Thursday and increased its death toll by 628, data from the U.S. Centers for Disease Control shows. The large number of newly reported deaths, which occurred over the past several days, pushed the seven-day average for deaths to its highest level since the end of October. The seven-day average for new cases fell below 30,000 for the first time since Christmas weekend, the CDC data shows. On Wednesday there were 10,275 patients in Florida hospitals with COVID-19, the smallest number since the first week of January, according to data from the U.S. Department of Health and Human Services. There were 1,463 adult patients in intensive care units, a number that’s fallen for the nine consecutive days.

DeSantis Criticizes FDA Decision on Antibody Treatments - Gov. Ron DeSantis is criticizing the Food and Drug Administration's decision to no longer allow two types of monoclonal antibody treatments for COVID-19 infections. DeSantis questioned the study showing the treatments are less effective against the omicron variant and said his administration will fight for continued use of the treatments, potentially going to court. The FDA said the new variant is now the dominant COVID strain in the country and that 99% of current cases are from the omicron strain. The treatments could be reauthorized if another variant develops that is shown to respond to the monoclonal antibody treatments. News4Jax / WESH / Orlando Sentinel / Associated Press

“White House: Ron DeSantis ‘still advocating for treatments that don’t work’” via Alex Roarty of the Miami Herald — White House press secretary Jen Psaki on Tuesday criticized DeSantis’ demand that the federal government restart the distribution of two types of monoclonal antibodies, saying DeSantis is advocating for a treatment that public health officials say is ineffective against the omicron coronavirus variant. The FDA on Monday barred health care providers from using monoclonal treatments manufactured by Regeneron and Eli Lilly. “What the FDA is making clear is that these treatments, the ones that they are fighting over, that the Governor is fighting over, do not work against omicron, and they have side effects. That is what the scientists are saying.”

“DeSantis says he will ‘fight back’ against Joe Biden’s monoclonal cutoff” via A.G. Gancarski of Florida Politics — DeSantis outlined his latest plan to “fight back” against the decision by the Biden administration to cut off access to monoclonal antibody treatments but was short on specifics as to how that battle would take place. “We’re going to fight back against this because this is just wrong. It’s not the way, you know, that you help people,” DeSantis said. Asked about the strategy for combating the federal pause, DeSantis replied, “We’ll see.” Part of the strategy will be to “expose what this actually means for people,” DeSantis said, though it’s uncertain what that entails beyond battling in the press. The Governor rejected the premise that the treatments don’t work against omicron.

Florida dropped its court challenge of federal COVID vaccination requirements for healthcare workers following a U.S. Supreme Court ruling upholding the program, though Gov. Ron DeSantis says his office won't help enforce the rule. Becker's Hospital Review

“Will omicron end soon? Florida epidemiologist says endemic phase is near” via Marlei Martinez of WFLA — When it comes to pandemic trends, the proof is in the numbers. Florida’s latest COVID-19 status report shows improvement with the number of new cases plummeting last week compared to the week before. “We’re heading in the right direction,” said UCF epidemiologist Elena Cyrus. Cyrus added that Florida’s latest new case positivity rate of 26.8% is still significant. With omicron, Cyrus said the most notable consequence is the scale of the variant’s spread instead of its milder severity.

“Three things you can do to beat omicron” via John Couris of Tampa General Hospital for the Tampa Bay Times — We are entering the third year of the pandemic. People are tired. Frustrated. No one feels this more than the health care workers on the front lines of the war against COVID-19. For more than two years, the doctors, nurses, technicians, and other support staff of Tampa General Hospital and hospitals across the nation and worldwide have gone to great lengths to care for us and keep us safe. Whether or not you get the vaccine is your choice. I chose to get the vaccine and the booster. We have the option to wear a mask and practice physical distancing. You may be a young, healthy person. You may not be at high risk. What’s important is to consider the individuals around you.

“‘The CDC alone can’t fix this’: Rochelle Walensky calls for overhaul of U.S. public health system” via Erin Banco of POLITICO — The U.S. needs to rethink its approach to tackling COVID-19 by rebuilding the nation’s public health system, CDC Director Walensky said. It’s been a year since Walensky took over the public health agency, and the country has gone through a vaccine rollout, seen variants emerge and witnessed three massive surges. To Walensky, the pandemic shows no signs of vanishing. This week, an average of 740,000 infections were reported each day. On Thursday, more than 2,400 people were reported as having died from COVID-19. Now, as the pandemic enters the third year, she said the CDC needs help to fight COVID-19. If the pandemic is to turn endemic, a situation top Biden health officials say they could more easily control, the U.S. needs to overhaul the nation’s public health workforce, she said.

Campaigns and Elections …

“Broward’s newest state Representative gets sworn in next week, allowing him to serve most of annual Legislative Session” via Anthony Man of the South Florida Sun-Sentinel — Rep.-elect Daryl Campbell was heading for Tallahassee on Wednesday and expects to be sworn into office next week. Campbell said he was told by House leaders that, following the certification, he’d be sworn in next week, when the full House will be in Session. Some Democrats had feared Republicans who controlled the House wouldn’t swear in the newly elected Democrat for two months, keeping his Broward district unrepresented for the entire Session. That happened with another Broward Democrat under a previous Republican House Speaker. Jenna Box Sarkissian, communications director for House Speaker Sprowls said last week that Campbell will be sworn in once certified. She didn’t immediately respond to a request for comment on Tuesday after the Canvassing Commission certified the results.

“Florida group seeking to expand casino gambling is being investigated for fraud. How is NWFL involved?” via Tom McLaughlin of Northwest Florida Daily News — In Northwest Florida, the First Judicial Circuit State Attorney’s Office has received, or is soon to receive, what have been identified as likely falsified petitions from three of the four counties it serves collected by agents of a group called Florida Voters In Charge. “It’s not uncommon to find some suspicious signatures,” said Okaloosa Supervisor of Elections Paul Lux. “But this one is pretty blatant. On one page it looked like the same person had signed all the petitions. The newest person in our office was the one who found it.” Florida Voters in Charge is almost exclusively funded by Las Vegas Sands. Signatures are being gathered in support of a proposed constitutional amendment that would allow for the conversion of Florida card rooms to Las Vegas-style casinos.