Legislative Update - February 11, 2022

Last Wednesday marked the midway point of the 60-day Legislative Session. This is when the fun begins … budgets are negotiated, compromises are reached on legislation, and bills killed with avidity.  

The redistricting plan for the House and Senate have been submitted to the Florida Supreme Court.  Governor DeSantis asked the Supreme Court to intervene on the Congressional maps since the legislature did not consider his plan, but he was dealt a blow when the Supreme Court said no.  Now it will be interesting to see if the House and/or Senate will include the Governor’s ideas in their plan.

And it looks like the honeymoon is over … The Governor was snubbed in the budget process.  The House and Senate rejected significant pieces of the governor’s budget proposal — such as the election-year $1 billion gas tax cut — and the Senate scaled back his proposal for an election fraud office, from 52 employees, including 20 sworn law enforcement officers, to 25 employees and no sworn officers.

House, Senate Budget Committees Approve Proposed Spending Bills - Appropriations committees in the House and Senate on Wednesday approved budget bills setting them up for passage by the respective chambers and negotiations over the differences. The Senate Appropriations Committee unanimously okayed SB 2500, without extensive debate, on Wednesday. Over 100 amendments were added through a consent process, also without debate. The House Appropriations Committee was more divided, voting 20-9 to approve the House budget proposal (PCB APC 22-01). Both measures are now ready for floor debate and amendments. The budgets are just over $3 billion apart, with the House bill at $105.3 billion and the Senate plan proposing $108.6 billion in spending.    The Governor’s proposed budget is $99.7 billion.

Disappearing gas tax cut: Since November, the governor has vowed to cut the state gas tax by 25 cents a gallon in the five months leading up to the November election. It looks like they’re going to make the governor work for it.

Neither the House nor Senate included the $1 billion expenditure in their draft budgets released last week. They both weren’t big fans of his proposal for a $100 million grant fund for infrastructure and job training projects, either. The Senate nixed it and the House included only to $25 million.

“Is DeSantis getting what he wants in Florida’s early budget proposals?” via Kirby Wilson and Lawrence Mower of the Tampa Bay Times — DeSantis and top Republican leaders in the House and Senate have put their cards on the table. This week, legislators unveiled the first round of proposed House and Senate budgets. The Governor included nearly $310 million to hospitals that serve the most Medicaid patients. Neither the House nor the Senate included that money in their initial health care budgets this week. One of DeSantis’ recent talking points has been his proposal to cut the gas tax for several months this year. This idea isn’t included in the Senate’s budget.

DeSantis, Senate at Odds on Water Bill - Gov. Ron DeSantis publicly criticized Senate legislation making changes to Everglades-related water policy and environmental agency governance saying a budget conforming bill (SB 2508) that emerged this week left executive agencies "in the dark." The bill was approved this past week by the Senate Appropriations Committee amid lengthy discussion over exactly what the measure even does – with the bill's author, Sen. Ben Albritton, defending it to critics who he said were misled on what it would do. On Thursday, DeSantis joined the chorus of skepticism on the measure. "I have been a champion for Everglades restoration and oppose any measure that derails progress on reducing harmful discharges and sending more water to the Everglades," DeSantis said in a released statement. "Moreover, I reject any attempt to deprioritize the EAA Reservoir project south of Lake Okeechobee." Senate President Wilton Simpson responded that the state had invested billions in Everglades restoration and other water improvements and that the bill would keep state efforts going in the face of a threat to cede more authority on the issue to federal agencies. Treasure Coast Newspapers / Florida Politics / Sun-Sentinel / Miami Herald-Tampa Bay Times

Last week, the Legislators finished work on their legislative redistricting maps on Thursday as a unanimous Senate approved a Florida House map and gave final approval to a Senate map. The new configurations position Republicans to be able to remain in control of the Legislature for the next decade.

The attorney general must petition the Florida Supreme Court to review and approve them before they become law for the 2022 election cycle. But the once-a-decade process of redistricting rarely concludes with a legislative vote as the maps have been historically challenged in court.

DeSantis asks court for map help: The governor was the first to ask the court to intervene this time. Last week, he asked the state Supreme Court for an advisory opinion about the legality of changing the configuration of a North Florida congressional district that has elected Al Lawson, a Black Democrat.

The request came in response to the Legislature’s reluctance to adopt a congressional redistricting map the governor’s staff submitted to the Legislature in mid January. It gives Republicans in Congress an eight-seat advantage in Florida, two more seats than a map proposed by the state Senate, and it slashes the number of Black congressional districts from four to two. The plan not only dismantles Lawton’s district, it eliminates the district now held by Democrat Val Demings in the Orlando area.

Briefs due Monday: The court has asked for briefs filed by noon on Monday, February 7, but the issue will be decided by only 5 of the 7 justices. Chief Justice Charles Canady, whose wife is a candidate for the state House, recused himself as did Justice Alan Lawson, who is not related to the congressman. Canady had written the dissenting opinion that rejected the Legislature’s 2015 attempt at redrawing its congressional map.

What’s the gov’s issue? Senate and House Republicans so far have rejected the governor’s map-drawing approach, arguing that they must adhere to the “benchmark” districts from the last redistricting cycle to avoid diminishing minority voting strength, as required by the Fair Districts provisions of the Florida Constitution.

The governor asked the court if the law protecting minority voting strength “requires that congressional districts be drawn to connect minority populations from distant and distinct geographic areas” or can it be a more “cohesive geographic area”? He seems to be arguing that his proposed map operates the same way as the current map by allowing districts without a majority black population to elect candidates of its choice. But the courts in the 2010 cycle were pretty firm about what those standards should look like.

Gov. Ron DeSantis asked the Florida Supreme Court to weigh in on the proposed redraw of Florida’s 5th Congressional District last week. On Monday, Attorney General Ashley Moody and Jacksonville Mayor Lenny Curry joined the call. The trio wants to know whether CD 5, currently held by U.S. Rep. Al Lawson, must be preserved as a minority access district. CD 5 now connects the Black population in Jacksonville with the Black population in Gadsden and Leon counties. A map submitted by the Governor’s office would substantially reduce the district’s minority population, and by extension, has stoked concerns that the new congressional maps won’t pass muster in the courts. In a legal brief filed Monday, Moody doesn’t take a side, but she does say that since DeSantis has the power to veto the map, the court has a responsibility to provide an opinion. Jacksonville Mayor Lenny Curry also filed a brief, saying it was important for North Florida residents to learn once and for all whether the district was constitutional.

SCOTUS ahead? Many observers say they think the DeSantis appeal is an effort to pass a map that sets up a legal challenge at the federal level to put a Voting Rights Act case before the U.S. Supreme Court — just as Texas Gov. Greg Abbott, another 2024 presidential hopeful, has done for his state.

Supreme Court Refuses Gov Request for Opinion on North Florida Congressional District - The Florida Supreme Court unanimously rejected Gov. Ron DeSantis' request to review the legality of a North Florida congressional district on Thursday. DeSantis had asked the court for an advisory opinion on a majority African-American Congressional district in North Florida that stretches from Jacksonville to Gadsden County. A proposal from the governor's office for a new congressional district map doesn't have a minority congressional district across North Florida but the state constitution requires some districts to be drafted in a way that permits minorities to elect candidates of their choice. The governor had asked whether that requirement might be unconstitutional. The Supreme Court found that it was unable to answer the governor's question since there was no full map of the congressional districts presented to the court, making it impossible to do a statistical analysis of the districts. Politico / USA Today Network / Miami Herald / Orlando Sentinel / Associated Press / Florida Phoenix / Skidmore Press Release

Related: Following a Supreme Court ruling that delayed the Legislature's congressional redistricting process, House Speaker Chris Sprowls said the chamber's redistricting committee will resume its work shortly. Additionally, a new congressional map was released by the House late Thursday. The House Congressional Redistricting Subcommittee chairs both agreed to postpone the next meeting in order for members to have adequate time to review the new map. The subcommittee was originally scheduled to meet on Monday, Feb. 14, but now the next meeting is scheduled for Friday, Feb. 18. House Memorandum / Skidmore Press Release

“Florida House’s latest draft congressional map preserves Al Lawson seat, wipes out Stephanie Murphy turf” via Jacob Ogles of Florida Politics — The Florida House published a new draft map for Florida’s now-28 congressional districts. And it’s clear that if the Florida Supreme Court doesn’t want to rule out a Tallahassee-to-Jacksonville district, neither will House staff. The new House cartography (H 8011) includes a jurisdiction that runs along the Florida-Georgia border and closely resembles the district now represented by Lawson. That signals the continued stance that the seat, numbered in the draft map as Florida’s 3rd Congressional District, is protected as a Black minority-performing district.

No-vax truckers: The governor inserted himself into another vaccine skirmish over the weekend, announcing he would work with Florida Attorney General Ashley Moody to investigate GoFundMe for “deceptive practices” after the company blocked $10 million in donations that were meant to go to a protest by Canadian truckers. They were raising funds for truckers working across the US-Canada border who opposed the requirement that they be vaccinated.

“Background check: UCLA supervisor wouldn’t recommend Joseph Ladapo for Florida Surgeon General job” Jeffrey Schweers of the USA Today Network — A former supervisor of Ladapo would not recommend him for the job, according to the Florida Department of Law Enforcement’s background investigation for his confirmation to the top medical post. “In my opinion, the people of Florida would be better served by a Surgeon General who grounds his policy decisions and recommendations on the best scientific evidence rather than opinions,” the unnamed supervisor at the University of California, Los Angeles, said in the Jan. 18 report prepared by a senior crime intelligence analyst for the Senate.

Just as Republicans were calling for a new election fraud office, a story emerged last week of another kind of fraud. Several Miami voters alleged that volunteers with the Republican Party of Florida had changed the voter registration without their consent. Miami-Dade Mayor Levine Cava, Agriculture Commissioner Nikki Fried, and Sen. Annette Taddeo, all Democrats, are now calling for an investigation into the complaints from residents of Haley Sofge Towers, a county-managed public housing complex in Little Havana.

Legislative …

COVID Liability Extension Goes to Governor - Legislation that would continue liability protections from COVID-related claims and lawsuits filed against health care providers passed on the House floor Thursday with a 87-31 vote. The Legislature passed the protective measure last year but the law has an expiration date that only grants immunity through March 2022. The full Senate already passed SB 7014 by a 22-13 vote late last month. The measure extends liability protections until June 1, 2023 following the governor's approval.

Nursing Home Staffing Bill Clears Senate Panel - Florida nursing homes could see changes in minimum nurse staffing mandates under a bill that cleared the Senate Health Policy Committee on Thursday. Among other provisions, SB 804 would change definitions in law by requiring 3.6 hours of "direct care" to nursing home residents, rather than 3.6 hours of "nursing care." Certified nursing assistants, known as CNAs, would also be required to provide each nursing home resident 2 hours of care per day. Under current state law, CNAs are required to provide 2.5 hours. The bill also changes definitions of direct care staff. The sponsor of the proposal, Sen. Ben Albritton, R-Bartow, said he is willing to discuss potential changes with stakeholders after public testimony instigated a lively debate. The measure has two more committee stops and a similar House companion, HB 1239 is scheduled to be heard in its second committee early next week. However, the two bills differ. The Senate version creates a "Nursing Home Sustainability Task Force" to help evaluate industry needs whereas the House bill does not. Florida Politics 

“Senate panel approves ‘compromise’ nursing home staffing bill; Ben Albritton says he’ll meet with AARP Florida, union” via Christine Jordan Sexton of Florida Politics — The Senate Health Policy Committee approved a “compromise” bill between the state’s trial attorneys, the nursing home industry and a powerful Republican Senator that reduces the number of nursing hours long-term care residents must receive. The bill also adds increased consumer protections for those who sue nursing homes. But representatives from AARP Florida and SEIU 1199 United Health Care Workers continue to oppose the measure. Representatives testified they weren’t always included in negotiations. SB 804 cleared the committee with just one “no” vote, cast by Sen. Jones.

Early Abortion Ban Clears Final House Committee - Florida's proposed 15-week abortion ban bill brought another crowd of people hoping to testify on the measure at its final committee stop but even after members waived their time to debate, members of the public were only given 45 seconds to speak. The House Health and Human Services Committee advanced the legislation on Thursday with a 14-7 vote along party lines. HB 5 would ban abortions in the state after 15 weeks and revamp legal definitions of gestation. It would also include other pregnancy initiatives, such as requiring a tobacco use prevention program and providing a $1.6 million appropriation for fetal and infant mortality review committees. The proposal, sponsored by Rep. Erin Grall, R-Vero Beach, has no 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 move follows abortion laws in other southern states that are awaiting a U.S. Supreme Court decision on their constitutionality. Its similar, yet not identical Senate companion, SB 146, passed its first committee of reference last week and has one more committee stop. The House bill is now ready to be considered on the floor.

“Democrats expect Republicans to give no ground in abortion fight” via Jason Delgado of Florida Politics — House Minority Leader Evan Jenne on Monday said Democratic opposition would remain firm against a proposal that would ban abortion after 15 weeks, even if Republicans offer to include exceptions for rape or incest. Styled after a Mississippi law that’s currently under review by the U.S. Supreme Court, the bill would ban abortions after 15 weeks and provides no carveouts for rape, incest or human trafficking. Speaking to reporters, Jenne suggested such carveouts may appease moderate Republicans, but not Democrats, who oppose the bill at large. Republicans have shot down several dozen Democratic-sponsored amendments on the bill.

“Senate panel votes down exceptions for rape, incest in 15-week abortion ban” via Skyler Swisher of the Orlando Sentinel — A Florida Senate committee voted Wednesday against including exceptions for rape, incest and human trafficking in a bill that would ban most abortions after 15 weeks of pregnancy. State Sen. Lauren Book, a survivor of sexual assault, proposed the amendment, which she said was needed to prevent further trauma on women and girls. The Republican-led Health Policy Committee rejected Book’s amendment Wednesday in a voice vote, so there is no record of how each member voted. The 15-week abortion ban then advanced on a 6-4 party-line vote, with all Republicans in favor and all Democrats voting no.

—”Lori Berman, Anna Eskamani join 450 doctors and health care workers in speaking against 15-week abortion ban” via Daniel Figueroa of Florida Politics

“‘No Patient Left Alone Act’ ensuring hospital, nursing home visitations advances” via Jesse Scheckner of Florida Politics — Legislation aimed at strengthening patient visitation rights in hospitals, nursing homes, and other health care facilities across Florida now has just one more committee hearing to go before reaching the Senate floor. The bill (SB 988), dubbed the “No Patient Left Alone Act,” cleared the Senate Appropriations Committee on Health and Human Services Wednesday after roughly 15 minutes of conversation. Most speakers supported the bill outright, but one asked for better safeguards against potential disease outbreaks. Sen. Ileana Garcia, the bill’s sponsor, spoke of the uncertainty that patients, nursing home residents and their families faced during the COVID-19 pandemic when many health care facilities blocked or limited visitations.

Health Care Free Speech Bill in Senate Judiciary - A measure (SB 1184) that would prohibit Department of Health licensing boards from sanctioning or reprimanding health care practitioners for expressing their opinions – including on social media – unless the board can prove beyond a reasonable doubt that the health care professional's speech led to the direct physical harm of someone with whom they actually had a practitioner-patient relationship, is before the Senate Judiciary Committee today. The measure follows the controversy over the past year of doctors discussing unconventional and unproven COVID-19 treatments and opinions about the efficacy of vaccination and other broadly accepted medical ideas. Judiciary Committee Packet

Health Care Free Speech Bill Advances - A bill that would prevent Florida health care licensing boards from sanctioning Florida doctors for opinions they might state publicly was approved Monday by the Senate Judiciary Committee. Backers of the measure (SB 1184) said the freedom to offer opinions publicly, including on social media, is a foundational American principle and professional licensing boards shouldn't be able to sanction health care workers if their opinions are out of step with conditional medical orthodoxy. They also note that conventional wisdom in science and medicine often changes – and has during the COVID-19 pandemic that was the genesis for the bill – and so the notion of what's unorthodox changes. But opponents on the committee argued doctors are regulated precisely because their opinions, if wrong, can cause harm when followed, and in the words of Democratic Sen. Darryl Rouson "the bill is needed to make sure someone is not a crackpot." The bill's sponsor, Republican Sen. Doug Broxson, acknowledged, however, that the measure would prevent something that could happen, rather than something that has happened, telling the committee that "Florida has not disciplined one doctor as a result of COVID speech." And public testimony seemed to indicate the measure may not solve the problem doctors are seeking to solve: the proposal would prevent Florida licensing boards from sanctioning doctors for speech, while doctors who testified said letters of inquiry about things they said online came from out-of-state professional organizations rather than boards overseen by the Florida Department of Health. The bill passed 7-3 in the committee and goes next to the Senate Appropriations Committee. 

House Signs Off on Emergency Fund Legislation - The full House on Thursday passed legislation that would give the governor control of an unencumbered stash of money to be used during declared emergencies when there isn't time for legislative approval. The original proposal included an available amount of $1 billion but both chambers previously amended the bill to cut that number in half, down to $500 million. The House voted 95-22 to send SB 96 to the governor's desk for final approval. The full Senate already approved the measure on a 31-4 vote last month. Efforts to amend the bill by Democrats failed after some expressed concern that the governor could use the funds on immigration issues since the language does not specify what constitutes an emergency. However, lawmakers passed similar legislation last session, but it was vetoed by Gov. Ron DeSantis. Last year's measure would have been filled with federal relief money, but federal officials said it would be an inappropriate use of the relief funds, leading DeSantis to veto the bill. A companion proposal for the initiative, SB 98, also passed the full House with a 99-17 vote. That legislation and the bill creating the Emergency Preparedness and Response Fund were both received Thursday by the governor, who has until Feb. 17 to act on them. Florida Politics / LobbyTools Governor's Activity

“House budgets $105.3 billion in spending plan” via Renzo Downey of Florida Politics — The Florida House unveiled its proposed spending plan for the coming fiscal year on Friday, clocking in at $105.3 billion. While the number is about $4 billion larger than what the state is spending in the current fiscal year, the amount falls shy of the $108.6 billion budget plan the Senate published earlier Friday. Together, both are north of DeSantis‘ $99.7 billion proposal, but DeSantis’ total dollar amount is near the House’s top figure when considering the federal spending that helped balloon the Legislature’s budget beyond past marks. In a statement, House Speaker Chris Sprowls said the House’s budget proposal builds on last year’s plan by investing state dollars in a “strategic, intentional way.”

“Senate unveils $108.6 billion budget with pay hikes for state workers” via Gray Rohrer of Florida Politics — Low-paid state workers would see raises and K-12 schools would get a funding boost, as would nearly every portion of the state budget under a spending plan released Friday by the Senate. The $108.6 billion proposal would be a more than $7 billion increase on the current year’s budget, thanks largely to an infusion of federal stimulus dollars given to states to cope with the COVID-19 pandemic. Senate President Wilton Simpson has pushed to increase the pay for low-paid state workers by raising the minimum wage to $15. A constitutional amendment passed by voters in 2020 will push the minimum wage for all workers to $15 by 2026, but Simpson says the early increase is needed to recruit and retain workers in needed areas.

“Senate, House snub Ron DeSantis’ push to increase cancer research to $100 million” via Christine Jordan Sexton of Florida Politics — There are plenty of differences between the proposed $47 billion-plus health care spending proposals the Senate and House rolled out this week. But the chambers are in lockstep in deciding not to include an additional $37 million to increase cancer research and treatment, as advocated by DeSantis and First Lady Casey DeSantis. The Governor and the First Lady have already noticed the snub, both of whom took to social media after the House released its proposed spending plan late Thursday afternoon. “Cancer is the second-leading cause of death in Florida. I have recommended to the Legislature $100 million for cancer research so we can fight this terrible disease,” DeSantis said in a Twitter post.

“Senate health care budget boasts cash for nursing homes, but adds no critical care funding” via Christine Jordan Sexton of Florida Politics — Sen. Aaron Bean rolled out a $47.8 billion health care spending plan that directs $685.5 million to ensure nursing home staff and direct care providers that care for people with intellectual and developmental disabilities get a pay bump. Bean called the $304 million rate increases for nursing homes “massive” but said the caveat is the money must be directed to ensure that everyone who works for a nursing home is paid $15 an hour. Senate President Wilton Simpson has pushed to increase state employees’ wages, and people who have state-contracted positions, to $15 per hour. The spending plan is also devoid of additional dollars to provide enhanced Medicaid payments to hospitals that offer the most charity care in the state.

“Nursing homes struggle with staffing; Legislature considers loosening standard of care” via Hannah Critchfield and Kirby Wilson of Florida Politics — A bill to loosen staffing standards at Florida nursing homes was initially drafted with the help of one of the state’s most powerful long-term care lobbying interests. Under the measure, Senate Bill 804, nursing homes that fail to meet state-mandated staff requirements would no longer be barred from admitting new residents. It would also broaden which kinds of employees can be counted in these mandatory staffing minimums intended to keep residents safe.

Medicaid Managed Care Bill Before House Panel - With the state's Medicaid managed care contracts expiring soon, the Legislature is seeking to revamp the laws regulating the program. The House Health Care Appropriations Subcommittee is slated to take up a bill today that would consolidate the state's Medicaid managed care regions from 11 to 8 and would keep Medicaid dental and medical services separate. HB 7047 would also address health care worker shortages by allowing health plans to include nurse training expenses into their medical expenses and expand the use of funds to include students not in a physician residency. The similar, yet not identical Senate bill (SB 1950) is also moving through the process. Florida Politics 

House Moves Medicaid Managed Care Changes Forward - With the state's Medicaid managed care contracts expiring soon, the Legislature is seeking to revamp the laws regulating the program. The House Health Care Appropriations Subcommittee advanced a bill on Monday that would bring dental care back under the state's Medicaid managed care program, which is currently a separate procured program. Among other things, HB 7047 would expand access to comprehensive cancer treatment and offer increased health care options for foster children. The measure passed along party lines despite opposition from hospitals and dentists. Some dentists want to keep dental and medical care separate to avoid disrupting current patient outcomes. The proposal has one more committee stop and its similar Senate companion, SB 1950, is also moving through the committee process.  

Hospital Care At Home: Senate Panel Advances Bill to Bring Hospital to Patients - SB 1222, which would let paramedics provide acute care in a patient's home, won unanimous approval Monday from the Senate Judiciary Committee. Current law limits basic and advanced life support measures by paramedics only during emergencies. But under the bill, paramedics could provide the type of care that patients might normally get at a hospital in the patient's home under the indirect supervision of a doctor. The bill also allows certain pharmacies to dispense drugs for patients who normally would be treated in a hospital or other acute care facility to in-home patients. The Mayo Clinic is among the facilities that have been testing more at-home care in other settings around the country as part of a federal change that allows for hospitals and other medical service providers to offer more acute care in homes. The Florida bill, sponsored by Sen. Aaron Bean, goes next to the Rules Committee. A House version (HB 937) is awaiting a hearing in the Health and Human Services Committee.

Online Consumer Privacy Measure Advances in House - The House Commerce Committee unanimously approved a proposal on Thursday that would require online companies to disclose what type of information they collect on consumers and how they analyze or sell that information. Last year, the House and Senate ran out of time trying to work out an agreement regarding the "Florida Privacy Protection Act". This year's HB 9 would also make it easier for users to block information from being collected and shared. The House bill has one more committee stop and its similar, but not identical, Senate companion SB 1864 has yet to move. Additionally, 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. Numerous organizations oppose the move for reasons such as costly fines and the potential for increased lawsuits, noting that businesses that obtain the information of 50,000 or more consumers would be affected. Currently, there is no federal protective law regulating Internet users' privacy information. Florida Politics 

HJR 1127 would limit citizens’ initiatives to “matters relating to procedural subjects or to the structure of the government or of this Constitution.” That effectively prohibits things voters have had to put on the ballot because the GOP-led legislature would not take up — such as legalizing marijuana, allowing sports betting and raising the minimum wage.

“Senate moves to ease appointment process after battle over DeSantis’ DEP Secretary pick” via Renzo Downey of Florida Politics — Senators have voted to ease the Governor’s appointment process for the heads of three executive agencies, including one agency that is part of a political showdown in the 2022 gubernatorial race. Currently, the Governor’s pick for Secretary of the Department of Environmental Protection (DEP) requires three Cabinet members to approve the nominee. That threshold effectively requires the Cabinet’s unanimous consent. Legislation carried by Sen. Aaron Bean (SB 1658), passed 26-12 on Thursday, would instead give the Governor the choice to seek the Cabinet’s unanimous support or the Senate’s majority support.

DeSantis Rails Against White House Immigration Policy - Gov. Ron DeSantis held a roundtable event in Miami on Monday to promote immigration legislation and condemn the Biden administration's border policies. The discussion included references to Operation Pedro Pan from the early 1960s when over 14,000 Cuban children were sanctioned to come to the U.S., fleeing a communist dictatorship. He emphasized that what is happening now is different and Operation Pedro Pan was a legal and strategic plan to help save children. DeSantis' immigration proposal would seek to punish companies that help transport undocumented immigrants and require all Florida law enforcement agencies to take part in the U.S. Immigration and Customs Enforcement program known as 287(g), which trains officers to identify and remove noncitizens. Both bills, HB 1355 and SB 1808, are moving through the committee process. DeSantis Press Release

“House passes heightened lobbying restrictions for former lawmakers and judges” via Renzo Downey of Florida Politics — The House has unanimously approved legislation further restricting former officials from lobbying in the years after they leave public service. The House voted unanimously to pass a couple of bills (HB 7001/HB 7003) to implement 2018’s Amendment 12, which places business and lobbying restrictions on former lawmakers. Penalties under the measures would include fines up to $10,000 and forfeiting money earned from illegally lobbying. Violators could also receive public censure or reprimand. Rep. Traci Koster is carrying both proposals. Both measures passed the House with no questions or debate.

Health Care …

Ladapo’s supervisor, not a fan: While the University of Florida appeared eager to hire Joseph Ladapo after he was named the state’s new surgeon general last year, a former supervisor in California seemed less enthused about his qualifications, according to records that surfaced last week.

“Would you recommend the applicant as Surgeon General of Florida and (have) confidence in his ability, honesty and integrity to perform related duties?” The answer: “No. In my opinion, the people of Florida would be better served by a Surgeon General who grounds his policy decisions and recommendations in the best scientific evidence rather than opinions.”

“Ladapo fires back at former UCLA supervisor who refused recommendation” via Arek Sarkissian of POLITICO — Ladapo said that criticism from his former UCLA supervisor was a sign that differing scientific opinions have turned into personal attacks. Ladapo said in a phone interview that good science requires respect for all perspectives. “It’s OK to disagree, and I’ve had no problem with disagreement, but what has been really disappointing is how disagreement has become a ticket or a passport to activate personal attacks,” Ladapo said. The unidentified supervisor provided his assessment as part of a routine background check performed by the Senate during a confirmation process.

“Miami nurse’s rent increased almost 40% overnight as Florida housing prices surge” via Sam Sachs of WFLA — Strapped inventory and dramatic price increases are making Florida’s housing affordability a big problem, even for people with jobs in high demand. Joe Flahie, an ICU nurse, lives in Miami with his wife and two kids, but can no longer afford the rent. With one call from his landlord, Flahie’s rent went from $1,725 a month to $2,400, a nearly 40% increase. Rent increases are becoming the name of the game. The country’s most expensive rent is in New York City, where a one-bedroom rents for a median price of $3,260. In the Top 10 cities with high rent prices, Miami and Fort Lauderdale both entered the ranks for priciest one-bedroom apartments, while the rest of the nation has averaged a 12% rent increase for one-bedroom apartments.

“With Dr. Raul Pino on ‘administrative leave,’ who’s in charge of the Orange Health Department?” via Stephen Hudak of the Orlando Sentinel — Since Pino, the chief health officer in Orange County, was placed on administrative leave after raising concern about the lack of vaccinations among the agency’s staff, state officials will not say who is in charge of the Health Department in Florida’s sixth-largest county. The office’s website lists Beth A. Paterniti as deputy health officer, a post she has filled since November 2020. Her photo appears below Pino’s on the website. But the state Health Department has not answered the question, “Who is running the Health Department in Orange County now?” Inquiries posed by email to state health officials more than 10 days ago have been ignored or funneled through a public records portal.

COVID-19 …

"Florida’s fourth COVID-19 surge came fast and strong. Here’s what the omicron wave tells us about what’s ahead" via Cindy Krischer Goodman of the South Florida Sun-Sentinel — By now, scientists expected the omicron surge in Florida to be nearly over. Instead, omicron lingers, ensuring its place in the pandemic as the wave that infects more Floridians than all previous waves. The new forecast projects about four more weeks before the omicron wave diminishes to give Floridians a respite. While no one knows precisely what COVID-19 will do next, most experts see hope in the much larger immune population in the state. Between those who caught the virus during the omicron surge and the increasing number of vaccinated and boosted people, much of Florida should have some protection against future variants. “I can’t imagine COVID disappearing, but with all the population immunity, future waves may be small and fairly benign,” said Ira Longini, a University of Florida professor of biostatistics and co-creator of the university’s omicron model.

“COVID-19 update: Florida’s cases, hospitalizations continue to plummet; death toll jumps by 854” via David Schutz of the South Florida Sun-Sentinel — Florida reported 9,881 new coronavirus cases, one of the lowest daily numbers since the middle of December, and increased its overall death toll by 854. The batch of newly reported deaths brought the seven-day average for daily deaths to 190, back nearly to the previous peak of the omicron surge. Death reports lag behind case reports by three or more weeks. The number of patients in the hospital with COVID-19 was 6,740 on Wednesday, down 20% over a week and the lowest number since Jan. 2. There were 1,045 COVID-19 infected patients in intensive care units on Wednesday, also a decline of nearly 20% in a week. The hospital data combines patients admitted for COVID-19 with those infected while hospitalized.

"USF, Tampa General studies ivermectin, other drugs to treat COVID-19” via Rose Wong of The Tampa Bay Times — Tampa Bay is part of a nationwide study to examine the efficacy of three drugs to treat COVID-19, including ivermectin, the anti-parasitic medication that some believe can cure the virus. Instead, it sent people to the emergency room. The University of South Florida and Tampa General Hospital are participating in the National Institutes of Health’s Accelerating COVID-19 Therapeutic Intervention and Vaccines public-private partnership, which brings together organizations and companies to study new COVID-19 treatments and variants. Launched last summer, the ACTIV-6 study looks at how three repurposed drugs respond to the virus.

Shielding COVID data: The DeSantis administration is appealing a lower court ruling requiring the Department of Health to release COVID-19 data. The data would have provided county and demographic information about COVID-19 cases.

Campaigns and Elections …

“Florida Chamber political tool identifies swing seats on latest legislative maps” via Jacob Ogles of Florida Politics — The Florida Chamber of Commerce unveiled its exclusive 2022 Florida Partisan Performance Index map during a special webcast to its members Friday. Applying the tools to Florida’s just-approved redrawn legislative maps, Chamber analysts said there are few swing seats but plenty of drama in store this year. The Chamber tool studies precinct-level data on voter performance based on the past five years. That includes how voters in the district cast ballots in the last two presidential elections and the 2018 gubernatorial race. In this case, the new district came out as R+1, closer, actually, and it’s trended more purple over time. Overall, the new maps result in fewer swing districts where both Democrats and Republicans can play. Based on Chamber election analysis, the new House map has 15 true swing districts; the Senate map (S 8058) has just three.

Redistricting Battle Over a North Florida Congressional Seat May Be Part of a Broader Shift - Civil rights advocates worry that a recent Supreme Court decision in an Alabama case opens the door to erosion of minority representation in Congress. The concern may play out prominently in north Florida. Associated Press  

“‘A recipe for disaster’? Florida GOP wants to add new requirements to vote by mail” via Skyler Swisher of the Orlando Sentinel — A GOP-led voting overhaul would add new requirements for casting a mail ballot that one Central Florida election supervisor is warning could be a “recipe for disaster.” Starting in 2024, voters would have to provide the last four digits of their driver’s license or state ID number on their ballot. If they don’t have a state ID, the last four digits of their Social Security number could be submitted. Ballots won’t be counted if those identifying digits aren’t provided or don’t match the numbers on file with the elections office. Election supervisors must contact people whose ballots aren’t correctly completed and allow them to fix problems. The deadline to complete that process, known in political jargon as “curing” a ballot, is two days after Election Day.

Miami-Dade Mayor Asks for Party-Switch Probe - Miami-Dade County Mayor Daniella Levine Cava, a Democrat, has asked that prosecutors investigate allegations that elderly residents in the Little Havana neighborhood had their party affiliations changed without their knowledge from Democrat to Republican. Associated Press

Voting rights on trial: The federal trial over the most recent changes to Florida’s voting laws began last week with a focus on what advocates say is one of the lesser-discussed changes to the state’s voting laws: voter registration.

GOP lawmakers passed Senate Bill 90 last year at the urging of DeSantis. It targeted the state’s vote-by-mail process and the use of ballot drop boxes, which have been the basis of some of former President Donald Trump’s claims of voter fraud. But the legislation also required third-party groups to issue a warning when trying to register voters by telling people their application may not make it before the voter registration deadline.

Legislators said the provisions were a reaction to groups not submitting registration forms in time but advocates testified that the warning has had a chilling effect on both potential voters and the people trying to register them, in violation of the federal Voting Rights Act.

DEMOCRATS LAUNCH REGISTRATION EFFORT: Last Monday, the Florida Democratic Party leaders and the Florida Alliance held a news conference to discuss the launch of a voter-registration effort. The news conference is expected to include state party Chairman Manny Diaz; Senate Minority Leader Lauren Book, D-Plantation; incoming House Minority Leader Ramon Alexander, D-Tallahassee; and Miami-Dade County Mayor Daniella Levine Cava. 

The political consultants who created the funding structure for the 2020 ghost candidate scandal are in the midst of another election controversy over possibly thousands of faked signatures submitted by the campaign that is trying to bring a casino to Jacksonville.

By Tuesday’s deadline for verifying petitions, the casino amendment effort had fallen short but an investigation into the signature-gathering process had begun. Consultants involved are Tallahassee-based Abigail MacIver, Dan Newman and Jeff Pitts and Tallahassee pollster and political consultant Ryan Tyson. The petition effort was financed by casino giant Las Vegas Sands.