Legislative Update - February 19, 2022

Monday, Feb. 14, marked the fourth anniversary of the Marjory Stoneman Douglas High School massacre when a gunman killed 17 people on Valentine's Day in 2018. Lawmakers in committee paused for a moment of silence and Gov. Ron DeSantis ordered flags at government buildings be lowered to half-staff.

The House on Wednesday voted 102-14 to approve its proposed $105.3 billion budget for the coming fiscal year. The Senate on Thursday took up its budget, which comes in slightly larger at $108.6 billion, substituted their version onto the House bills and sent them back to the House.  Now the Legislature is in a position to begin negotiating the differences in their proposed budgets by the seventh week of the Session, which is on par for a timely Sine Die unless the Chambers are unable to reach an initial deal on top-line spending.  The chambers have until March 8 to agree on a budget to vote on and send to Gov. Ron DeSantis to finish the session by the scheduled end date of March 11.

The House also passed a bill that would create a $2 billion reserve fund called the "Budgeting for Inflation that Drives Elevated Needs Fund," an acronym that spells out "BIDEN."

Governor Ron DeSantis' legislative agenda is moving forward.  The abortion bill has passed the House, a ban on critical race theory bills is still moving through committees and legislation to change how students are tested is close to the finish line.  He also got a $500 million emergency fund and a $2 billion reserve fund.

House Speaker Chris Sprowls reveled Tuesday as he announced that legislative redistricting plans had not drawn any challenges at the Florida Supreme Court.  Without challenges filed at the Supreme Court by a Monday deadline, the Supreme Court waived oral arguments and is slated to issue a ruling by March 9.

The maps need to be in place before qualifying for this year’s elections begins June 13. 

The Senate passed a congressional plan that differs significantly from the DeSantis proposals. The House Congressional Redistricting Subcommittee voted on its proposal on Friday and did not include the Governor’s suggestions.  Could be a long summer in Tallahassee as the Governor has stated he would keep the legislature in town until they create a map that included his suggestions.

If there’s a silver lining to Florida’s high gas prices, perhaps it’s that they fell a penny last week. That’s according to AAA. But the auto expert says don’t be fooled — strong upward pressure remains on prices at the pump. Last Wednesday, the average price for gasoline landed at $3.47 per gallon. That set a new 2022 high and was the most expensive daily average since July 2014, AAA said. On Sunday, the state average saw an improvement — albeit tiny — at $3.46 per gallon.

Florida continues to see first-time unemployment claims at a pace similar to before the COVID-19 pandemic slammed into the state’s economy. The U.S. Department of Labor on Thursday released a report that estimated 5,734 new unemployment applications were filed in Florida last week. That was down from a revised count of 5,925 claims during the week that ended Feb. 5 and lowered a four-week average of claims to 6,421. The state has averaged 7,201 claims a week since mid-May, when Florida leaders ramped up efforts to push people back into the workforce during the pandemic. 

Governor …

Rift Emerges Between Some Senate Republicans, Governor - Republicans in the Senate and GOP Gov. Ron DeSantis are at odds on some priorities as the legislative session heads toward a finish, and some of those differences are starting to spill into the open. Politico

“A Session midterm progress report for DeSantis: In ‘free’ Florida, GOP lawmakers in lockstep” via John Kennedy of USA Today Network — Florida — At the Session’s midpoint, helped by fellow Republicans to meet each of his demands, the Governor is close to a high-five moment. To be sure, Florida’s legislative history is rife with tussles between the legislative and executive branches over policy and spending. But not this year. GOP legislators evidently share his vision of revving up a voting base with issues Democrats deride as divisive and part of a culture war strategy. … A look at bills moving forward shows DeSantis is on his way to taking Florida just where he wants it. Legislation modeled on what DeSantis called the “Stop Woke Act” has cleared most of its required committees in the House and Senate and will soon be ready for a full vote. Measures backing DeSantis’ repeated attacks on Biden’s border policies — which include Florida already suing the administration — are nearing the finish line in Tallahassee. The House and Senate are on track to approve a scaled-back version of an Election Crimes and Security office. Republican lawmakers are poised to approve banning most abortions after 15 weeks of pregnancy.

Catholic Leaders Urge Change in Shelter Rule for Immigrant Children - The Archbishop of Miami and other Catholic leaders are urging Gov. Ron DeSantis to reconsider a recent gubernatorial order suspending the renewal of state licenses for shelters that accept unaccompanied undocumented immigrant children. The facilities are part of a federally-funded program to shelter minors who arrive in the U.S. without parents. DeSantis says Florida shouldn't help a federal program that he says encourages smuggling of minors without their parents. Associated Press 

“Radio ad targets DeSantis’ ‘disgusting’ comments on shelter for migrant children” via Anne Geggis of Florida Politics — Spanish-language radio ads started to run Tuesday targeting DeSantis’ actions that will close homes that shelter unaccompanied migrant children. DeSantis said it was “quite frankly disgusting” to compare Cuban children who came to Miami 60 years ago with those coming to the United States from Central America and other locations south of the U.S. border now. A radio ad funded by a group called the American Business Immigration Coalition Action will be running, teeing off on DeSantis’ “disgusting” comment. The group called it a “six-figure buy” without elaborating further. “’Disgusting’ is that Gov. DeSantis is trying to benefit himself politically by attacking innocent immigrant children who are only seeking refuge, and to top it off, he did it in Miami, Florida’s own Ellis Island,” says the English translation of the ad.

“‘Liberate your employees’: DeSantis floats no-mask ‘workers’ bill of rights’” via A.G. Gancarski of Florida Politics — DeSantis suggested that Floridians need a “workers’ bill of rights.” However, that bill of rights would be focused rather narrowly, with the Governor calling on hotels and convention centers to “liberate your employees from forced mask requirements.” “I hate to say it, but I think we need a workers’ bill of rights on some of this stuff,” the Governor said, so that people can “breathe freely.” DeSantis described his experience as a public speaker, observing the dichotomy between the unmasked audience “cavorting” and servers and bar staff forced to mask up by corporate. “I don’t think any of these resorts or restaurants should be making these servers wear masks,” DeSantis said. “They don’t want to wear them.”

Gov. Ron DeSantis received favorable ratings from more than 60% of independent Florida voters in a poll taken earlier this month. Florida Politics

Legislation …

The Senate Ethics and Elections Committee voted along partisan lines to recommend the confirmation of Florida Surgeon General Joseph Ladapo. The vote clears the way for the likely final confirmation of Ladapo, hailed as a “superstar” by Gov. DeSantis, who brought in the doctor last fall from the University of California, Los Angeles. During the confirmation process, Democratic committee members asked Ladapo a broad array of questions, from the efficacy of vaccines and masks to whether he is vaccinated to whether he believes school-aged children should get vaccinated.

Governor’s Office worked to pressure Wilton Simpson on anti-union bill — DeSantis’ office pushed conservative groups to compel Simpson into advancing anti-union legislation, a move that included campaign-style ads in the Trilby Republican’s district. Matt Dixon of POLITICO reports that “roughly a half-dozen top DeSantis staffers” started calling groups that supported the bill, which, in part, bans collection of union dues directly from paychecks. Despite support from business groups and passing several times in the House, the proposal frequently died in the GOP-controlled Senate. One of the groups contacted, the conservative Club For Growth, spent $75,000 in ads in Simpson’s SD 10, asking people to urge him to “hear the bill now.” Scott Parkinson, the group’s vice president of governmental affairs, served as one of DeSantis’ congressional staffers.

DeSantis Signs Bill for $500M Emergency Fund - Gov. Ron DeSantis signed a pair of bills Thursday that provide $500 million he can spend during declared emergencies. Meanwhile, DeSantis also received nine other bills from the Legislature, including a measure that would extend COVID-19 legal protections for hospitals and other health-care providers. The bills (SB 96 and SB 98) to create the “Emergency Preparedness and Response Fund” were the first measures DeSantis has signed from this year’s legislative session, with the fund becoming available immediately. DeSantis vetoed a similar proposal last year after questions were raised about seeding the fund with federal stimulus dollars. This year’s version called for using state general revenue. The House and Senate also moved quickly during the session to pass the measure (SB 7014) to extend COVID-19 legal protections for hospitals, nursing homes and other health-care providers. DeSantis will have until Feb. 24 to act on the bill. The Legislature approved legal protections last year, but they are set to expire March 29. The bill, if signed by DeSantis, would extend the protections to June 1, 2023. The bill addresses lawsuits involving issues such as transmission of COVID-19 and treatment of people with COVID-19.

House Passes Abortion Ban in Early Morning Vote - The House early Thursday morning passed a ban on abortions after 15-weeks after hours of debate through the night on Wednesday. The bill (HB 5) passed 78-39 and now heads to the Senate. The measure 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 money for fetal and infant mortality review committees. The proposal, sponsored by Rep. Erin Grall, R-Vero Beach, has no exceptions for rape, incest or human trafficking but would allow for abortions in extreme cases of serious medical emergencies affecting the mother, or if fatal fetal abnormalities are present. The legislation would also require two separate physicians to certify in writing that termination of a pregnancy is necessary to save the pregnant person’s life. The measure follows abortion laws in other Southern states that are awaiting a U.S. Supreme Court decision on their constitutionality. A similar, yet not identical Senate companion, SB 146, recently passed its first committee of reference and has one more committee stop. Associated Press / Reuters / Tampa Bay Times-Miami Herald / Orlando Sentinel / Florida Politics / USA Today Network / Fox News / WFSU

Medical Freedom of Speech Bill Approved - A bill that would prevent Florida health care licensing boards from sanctioning Florida doctors for publicly-stated opinions was approved Monday by the House Professions and Public Health Subcommittee. Opponents say the bill politicizes medicine and could cause disinformation to spread while supporters say the legislation merely reinforces the foundational American principle of freedom to offer opinions publicly, including on social media sites. HB 687, called the "Free Speech of Health Care Practitioners" bill, passed on a 12-5 vote and has two more committee stops in the House. A similar Senate companion, SB 1184, is awaiting consideration in its final committee of reference. WFLA / Florida Politics

Effort to Reduce Human Trafficking Moves Forward in Senate - The Senate Appropriations Subcommittee on Criminal and Civil Justice unanimously advanced a proposal aiming to crackdown on human traffickers on Wednesday. SB 760 would revamp the statutory definition of “coercion” and increase penalties from a misdemeanor to a felony charge for anyone caught transporting or owning a location used for prostitution. If convicted, criminals could serve up to 15 years in prison versus the current maximum 60 days in jail. However the sponsor of the legislation, Sen. Lori Berman, told members she plans to clarify the language in order to avoid unintended consequences after concerns were brought to light from public testimony and other lawmakers. The measure has one more committee stop but a similar House bill (HB 521) has yet to be heard in its first assigned committee. Florida Politics

“Lawmakers are moving bills allowing non-emergency inpatient care to be delivered at home” via Christine Jordan Sexton of Florida Politics — Florida hospitals would have the ability to use paramedics to offer inpatient services at patients’ homes under a bill that moved through the Senate Rules Committee Tuesday morning. The bill (SB 1222) is now ready for full Senate consideration. Sponsored by Sen. Aaron Bean, the bill is similar to its House counterpart (HB 937), which will next be heard by the House Health & Human Services Committee. The bills authorize certified paramedics working under the supervision of a physician to perform essential life support services, advanced life support services, and additional health care services to acute care at-home patients in non-emergency community settings.

“DeSantis is getting his own emergency fund — with limits” via Gina Jordan of WFSU — An emergency fund worth half-a-billion dollars is almost ready for DeSantis’ use. Legislation creating the “Emergency Preparedness and Response Fund” has been approved by the Legislature. After the Senate passed the measures last month (SB 96 and 98), the House approved two proposals Thursday to create a $500 million pot of money the Governor can quickly access during a declared state of emergency. Critics questioned the need for the fund. “I try really hard to understand the benefit of the bill, but what I just could not get to was the problem we’re trying to solve,” said Rep. Anna Eskamani, speaking in final debate on the House floor.

House Tax Package Wins Bipartisan Support - A key House committee Thursday gave bipartisan support to a wide-ranging tax package that doesn’t include Gov. Ron DeSantis’ request to suspend gasoline taxes for five months. The Ways & Means Committee approved the proposal (PCB WMC 22-01), which includes 14-day sales tax “holidays” in May to help people prepare for the hurricane season and in late July to provide a break on back-to-school items such as clothes, school supplies and personal computers. The package also would bring back a “Freedom Week” tax holiday around Independence Day. During that period, shoppers could avoid paying sales taxes on tickets to music events, sporting events, movies, theaters, parks, fairs and museums, purchases of items for camping, fishing and boating and purchases of surfboards, canoes, kayaks and bicycles. A new tax holiday would go for seven days around Labor Day for purchases of items including work boots, power tools, toolboxes for vehicles and LED flashlights. Rep. Anna Eskamani, D-Orlando, called the bill a “very fiscally conservative package.” Economists have not estimated the overall amount of the tax reductions. “There are a few breaks in there for different companies,” Eskamani said. “But I think those are modest compared to what we're doing for consumers.” Other supporters included the National Federation of Independent Business-Florida, Florida Power & Light and the Florida AFL-CIO, whose lobbyist Rich Templin called the proposal “reasonable” and balanced, without “significant cuts to recurring revenue.” Other aspects of the House proposal include a reduction in the sales tax for new mobile homes from 6 percent to 3 percent, an exemption from the sales tax on admissions to Formula One Grand Prix races and relief for homestead property made unlivable for 30 days or more by future catastrophic events. The House and Senate likely will negotiate a final tax package late in the legislative session. DeSantis has proposed a five-month suspension of the gas tax that would start in July, but the House and Senate have not embraced the idea.

“The House just unveiled a giant package of tax cuts — and it’s actually pretty good” via Jason Garcia of Seeking Rents — To be sure, there are several breaks for influential special interests. But the sweeping, 68-page proposal also includes several broad and long-lasting sales-tax breaks that could directly impact everyday Floridians. For instance, it would eliminate sales tax for one year on children’s diapers and clothing for babies and toddlers; for six months on energy-efficient refrigerators, washing machines and water heaters; and for three months on children’s books. The package would also permanently cut sales tax in half on selling new mobile homes (though not used mobile homes) and expand a tax-credit program that supports Habitat for Humanity. And the House plan consciously avoids the enormous corporate tax breaks currently advancing through the Senate. The plan also includes a “back-to-school” tax holiday July 25-Aug. 7; a “disaster-preparedness” tax holiday May 28-June 20; a “Freedom Week” tax holiday July 1-7; and a new, one-week “tools used by skilled trade workers” holiday Sept. 3-9.

“Democrats decry school, Medicaid, housing funding levels as House passes $105.3 billion budget” via Gray Rohrer of Florida Politics — The Florida House passed a $105.3 billion budget Wednesday, setting the stage for negotiations with the Senate, which is poised to pass a $108 billion spending plan Thursday. The vote on HB 5001 was an overwhelming margin of 102-14. But many Democrats, even those who voted for it, critiqued several portions of the plan, including withholding $200 million from 12 school districts, cuts to Medicaid, and the lack of funds for a key affordable housing program. The House spending plan would withhold $200 million from 12 school districts that enacted mask mandates for students when school returned last fall.

House Health Budget Chair: Hospitals Apparently Doing Fine, Making Money - The largest portion of the proposed budget for the coming fiscal year is the health care section totaling $47.1 billion. It’s a 5.5% increase from the current year budget and includes funding for Medicaid, KidCare and the Agency for Persons with Disabilities. As House budget writers took questions on the proposal on the floor Tuesday, several Democrats raised concerns about what they characterized as a $309 million cut to hospitals during an ongoing pandemic, because the proposal would cut hospital inpatient and outpatient reimbursement rates for hospitals and steer the money to nursing training programs. But the House Health Care Appropriations Subcommittee chairman, Rep. Bryan Avila, emphasized that 238 hospitals in Florida will see a net gain of over $1 billion and 67 safety-net hospitals are expected to see a net gain of $740 million. Avila said the House budget focuses its funding for hospitals on efforts to help facilities deal with staffing shortages, which he said is now the primary need, and noted that hospitals, which complained about how much they were going to suffer financially during the pandemic, actually made out fine. Avila said hospitals had huge profits during the pandemic, and that they got additional funding from state and federal government programs during the period as well.

Both chambers agreed to eliminate additional “critical care” hospital funding, but the House went a step further, shifting $100 million currently used to reimburse hospitals toward nurse training programs.

Related: A cut in legislative budget proposals for Medicaid "critical care" funding is a major difference between proposed spending plans that will have to be worked out in conference. Florida Politics

Major changes could be on the way for Medicaid, nursing home industry

As we get into the second half of the legislative session, some budgetary fights and major pieces of legislation could end up reshaping one of the larger sectors of the Florida economy. 

Here's what is at play that could have an impact on the hospitals that provide services to Medicaid patients, the companies that manage that care and on the nursing home industry.

Managed care

The House Health Care Appropriations Subcommittee has approved a bill that would overhaul the state's health care safety net, which serves about 4 million people. If approved, a bunch of changes would be coming before 2025, when the state rebids its contracts with managed care companies.

What the bill does: The legislation contains a laundry list of changes, including consolidating the number of regions included in Medicaid to requiring that cancer hospitals be included as providers.

What's the controversy: With almost 100 lobbyists weighing in on the issue, there's a lot of fights going on. One of the big ones: The legislation changes how dental care is treated in a way that the industry says makes dentists less likely to participate. Another: Hospitals are pushing back against a requirement that they contract with each Medicaid managed-care plan in their regions and, in some cases, throughout the state.  

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Critical care

In their budget proposals, both the House and Senate have agreed to eliminate additional “critical care” funding for hospitals that treat the most Medicaid patients. The House plan goes even further, removing an additional $100 million in state money that is matched with federal Medicaid funds. 

What's the rationale: House leaders would take the $100 million and use that on training more nurses — which everyone agrees is needed, just not how to pay for it. Lawmakers also say hospitals are able to get money from a new supplemental Medicaid financing program called Direct Provider Payment or DPP. 

What's the issue: DPP funding is less than what's being cut: Jackson Memorial Hospital would lose $71.7 million in critical care funds and another $12.5 million for a total $84.2 million hit. Lee Memorial Hospitals could lose nearly $2.4 million in critical care funds and reductions to their Medicaid reimbursement.

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Nursing homes

Lawmakers are moving ahead with a plan to lower the number of nursing care hours that residents in long-term care facilities must receive. Nursing homes are having trouble getting staff, which means beds remain empty — which means those who need care have a tougher time finding it. At the same time, there are concerns that lowering the amount of care isn't good for patients, and that this change is the beginning of a slippery slope.

The legislation: Now, certified nursing assistants must spend 2.5 hours with long-term care residents. A bill that drops that to two hours has passed the House health care spending committee.

What supporters say: Getting nurses pre-Covid was difficult — and the pandemic has just made it more challenging. Reducing the required number of hours equals more beds being available.

What opponents say: Nursing homes want to drop the CNA requirement to zero hours, says AARP Florida, and this is just a step in that direction, setting up "a race to the bottom."

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House Health Budget Sub OKs Changes to Nursing Home Staff Requirements - The House Health Care Appropriations Subcommittee advanced legislation on Monday that would allow nursing homes to reduce the number of hours devoted to direct patient care provided by certified nursing assistants. HB 1239 would also allow long-term care facilities to assign staff with less training to fulfill a portion of direct care hour requirements. Supporters of the bill say the nursing home industry needs more flexibility when it comes to staffing and caring for residents, especially during a health care worker shortage exacerbated by the pandemic. Opponents claim that facilities are just trying to save money by cutting minimum standards. The proposal passed on a 9-4 vote and has one more committee to clear. A similar Senate version (SB 804) also only has one more committee stop. Towards the end of the meeting, Chairman Bryan Avila, R-Hialeah, noted that the subcommittee might not meet again this session.

Sen. Ben Albritton told Florida Politics he would meet with AARP Florida and the Florida health care union to discuss their concerns with his bill to reduce the amount of “nursing” hours nursing homes are required to provide. “I’m going to listen to them, and I am going to see what it is, with the caveat that it can’t be, ‘Don’t change anything,’” Albritton said. “That doesn’t work. We have to change something to build balance, or else you have people looking for a bed.”

— FOR YOUR RADAR —

Nearly four in five Florida voters want lawmakers to pass a bill that would change staffing requirements at nursing homes, a new poll found.

The McLaughlin & Associates poll asked 500 likely general election voters who live in battleground state House districts whether lawmakers should approve a proposal that would change the 20-year-old rules regulating care hours at facilities.

A plan currently moving through the House, HB 1239 by Naples Republican Rep. Lauren Melo, would allow staff without nursing degrees to fulfill a portion of direct care hour requirements.

Proponents of the bill describe it as a necessary modernization of current regulations and assert that it would provide nursing home residents with more personalized care, including physical rehabilitation, mental health services, spiritual services, counseling, and other treatments.

The poll found 78% of voters agree, including 55% who said they “strongly favor” the proposal.

The proposal enjoys support among voters of all parties. It is backed by 80% of Democrats, 79% Republicans, and 74% of nonparty affiliated voters. By age, seniors are most likely to favor this proposal, at 86%. Only 9% of those polled said they oppose the plan.

Asked why they support the plan, 35% of supporters said it would “provide better care” while 24% said nursing homes were “currently understaffed.”

The issue could decide who wins in the battleground districts those voters live in, as nearly 60% of voters said they would be “More Likely” to vote for a candidate who supports the proposal. Only 6% said they would be less likely to support such a candidate.

“Carol Milliken: Support SB 1284, HB 823 to encourage next generation of nurses in Florida” via Florida Politics — Legislation this year could make a difference in the lives of numerous Floridians who find themselves in situations similar to the one I have been in — with a strong desire to further my education and advance my career, but without the time or ability to attend a traditional brick-and-mortar school. Senate Bill 1284 and House Bill 823 can open up doors for Floridians, by expanding access to the Florida Postsecondary Student Assistance Grant to students who need more flexible education options to achieve their goals — including nurses like myself. I hope that lawmakers will better understand why the legislation is so important — so we can ensure all Floridians have this same opportunity to earn a degree from the institution that best fits their needs.

“Senate panel passes heightened lobbying restrictions despite process questions” via Renzo Downey of Florida Politics — The Senate is ready to consider legislation that would further restrict former officials from lobbying in the years after they leave public service. The House unanimously passed a pair of bills (HB 7001/HB 7003) on Thursday 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. Senators do not have analogous bills to the House bills, filed by Rep. Traci Koster. But in a rare move, the Senate Rules Committee took up the House bills directly on Tuesday, preparing the bills for the full Senate’s consideration.

Ban on Discussing Sexual Orientation with Younger Students Clears House Judiciary - Republican-backed legislation that would prohibit discussions of sexual orientation and gender identity in kindergarten through third grade classrooms advanced through its final committee of reference. HB 1557 passed the House Judiciary Committee on Thursday on a 13-7 vote and is now ready to be considered on the floor. More than 80 people signed up to testify during the meeting on what some opponents have dubbed the "don't say gay bill." Supporters, including Gov. Ron DeSantis, say the measure is aimed at asserting the rights of parents to control what their kids learn in school. Opponents worry the proposal could be detrimental for some children, especially LGBTQ youth and kids living in abusive households. A Senate version (SB 1834) still has two more committees to clear.

Related: The Florida legislation that would bar teachers from discussing sexual orientation or gender identity with younger students, if it passes, could face claims that it violates civil rights protections, including Title IX, advocates and lawyers warn. K-12 Dive 

House Panel OKs DeSantis-Backed Immigration Bill  - A governor-backed measure aimed at reducing the number of undocumented immigrants in the state cleared the House State Affairs Committee with a 15-8 vote. HB 1355 would 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 unapproved immigrants. The legislation also prohibits local and state governments from contracting with businesses that transport undocumented immigrants, an effort seeking to strengthen Florida's ban on sanctuary cities. The House bill has one more committee stop and an identical Senate version (SB 1808) is scheduled to be heard in its second committee of reference early next week. Florida Politics

Health Care …

“‘Opioids appear to know no bounds’: Lakeview reports sharp increase in abuse, overdoses” via Jennifer Rich of the Pensacola News Journal — Mental health experts are blaming pandemic devastation for a drastic increase in the rate of drug overdose deaths on a national and local level. There is a clear uptick and correlation between the pandemic and rise of overdose deaths we’re seeing,” said Sweneda McDonald, director of Lakeview Center Medication-Assisted Treatment programs. McDonald said overdose deaths are up 18% since last year, as the pandemic lingers into its third year. She believes more people are self-medicating to handle the isolation and economic impact, especially with opioids.

Hospitals and some elected officials in other states are pushing for more scrutiny into the rates charged by nurse staffing agencies to hospitals, with some states considering caps on what the agencies can charge as the health care industry nationwide deals with staffing shortages. Healthcare Dive

As Florida Republicans push legislation seeking to prohibit health care licensing boards from censoring or censuring doctors who make unconventional public remarks about COVID or promote unproven treatments, the medical establishment is seeing a national push along the same lines. Kaiser Health News 

Redistricting …

Legislative Redistricting Maps Head to Supreme Court Without Challenge - The coalition of voting advocacy groups that in the past have challenged state redistricting plans won't oppose the state House and Senate redistricting maps passed by the Legislature, making it likely the proposal's boundaries will stand as the political landscape for the next decade.  Miami Herald-Tampa Bay Times

House Redistricting Sub Considers Congressional Plan - The House Congressional Redistricting Subcommittee is scheduled to meet Friday morning to review a new congressional map released late last week. The new map proposal follows a recent decision made by the Supreme Court that rejected Gov. Ron DeSantis' request to review the legality of a North Florida congressional district. Earlier this week, DeSantis' general counsel submitted a second proposed congressional district map to lawmakers as part of the ongoing process of redrawing the district lines. The governor's office earlier submitted a proposed congressional district that was largely ignored by the Senate in passing its congressional district map. DeSantis has vowed to veto the Legislature's congressional map if it remains as passed by the Senate. Committee Packet
 

Related: U.S. Rep. Al Lawson vowed Thursday to fight efforts by Gov. Ron DeSantis to push the Legislature to approve congressional boundaries that don't include a minority-access district in Florida like the one he currently represents. Tallahassee Democrat

Governor's Office Submits New Congressional Map Proposal - Gov. Ron DeSantis' general counsel submitted a second proposed congressional district map to lawmakers as part of the ongoing process of redrawing the district lines. The governor's office earlier submitted a proposed congressional district that was largely ignored by the Senate in passing its congressional district map. DeSantis has vowed to veto the Legislature's congressional map if it remains as passed by the Senate. The new map submitted by the governor's office is significantly different from the first map submitted by DeSantis, but continues to appear to strongly favor Republicans. Under the map, 20 of the congressional districts would have supported Republican Donald Trump in the 2020 election, while eight of the districts would have been carried by the Democrat, Joe Biden. Proposed Map / Web Map / Florida Politics / LobbyTools Redistricting Materials

“Ron DeSantis signals he won’t sign Legislature’s proposed congressional maps” via Jacob Ogles of Florida Politics — DeSantis signaled Friday he won’t sign any congressional redistricting proposals produced to date by the Florida Legislature “We will not be signing any congressional map that has an unconstitutional gerrymander in it, and that is going to be the position that we stick to,” DeSantis said. “Just take that to the bank.” The statement comes a day after the Florida Supreme Court declined to advise DeSantis on whether a map of Florida’s now-28 congressional seats must include a jurisdiction similar to Florida’s 5th Congressional District. The Governor acknowledged that decision, but since the court offered no opinion on the Tallahassee-to-Jacksonville spanning district, he’s left with his own judgment.

The Florida House published its latest draft map for the soon-to-be 28 U.S. House districts in Florida, and there are significant differences from a map approved by the state Senate.

The lower chamber of the Florida Legislature made clear it’s not going along with Gov. Ron DeSantis’ desire to dispose of Florida’s 5th Congressional District, represented by Tallahassee Democrat Al Lawson. But it does dismantle Florida’s 7th Congressional District to combine it with portions of Florida’s 10th Congressional District. CD 7 and 10 are represented today by Democrats Stephanie Murphy and Val Demings, neither of whom will run for another term in the House this year, and the change will likely result in two Orlando area Democratic seats instead of the current three.

But where does this leave the process as qualifying week sneaks ever closer on the calendar? The House Congressional Redistricting Subcommittee meets this Friday to presumably advance a map to the full House Redistricting Committee for a meeting on Feb. 24. Based on the course of state legislative maps, the final House cartography should hit the floor about a week later and pass on a near party-line vote.

But while the House and Senate were content to leave the design of legislative maps to each respective chamber, the congressional map is a different animal. Leaders in the Senate and House must come together in conference and settle on a single map. Florida’s Legislative Session ends March 11, so that leaves about a week and a half between when the House likely will pass its map and when state lawmakers plan to go home and focus on their re-election efforts.

Of note, the Senate treated Demings’ CD 10 as a Black performing seat, even if it's not majority-minority, so disagreements reach deeper than a vision on where a few lines must fall.

Then there’s the question of the Governor. A day after the Florida Supreme Court refused to opine early on whether the state constitution required preservation of CD 5, DeSantis told a gathering of supporters in the Panhandle that he still had problems with the Legislature’s proposals.

“We will not be signing any congressional map that has an unconstitutional gerrymander in it, and that is going to be the position that we stick to,” DeSantis said. “Just take that to the bank.”

Of note, the map could become law without DeSantis’ signature, but a threat of a veto seemed clear. If he rejects the map, that sends state lawmakers back to Tallahassee to draw new plans that presumably don’t include CD 5.

But various parties, Lawson chief among them, promised to fight to preserve the Black minority access seat in court, citing federal Voting Rights Act protections. Unlike state legislative maps, there’s no automatic review of congressional districts by the state Supreme Court. That said, it still seems likely the U.S. House lines land in front of a judge for an urgent ruling based on threats of litigation from minority advocacy groups like Latino Justice, which believes Florida needs more minority access seats.

Regardless of any of this political and legal wrangling, the deadline for candidate qualification has not changed — and likely won’t. Already, the state during redistricting years allows congressional candidates to qualify a month later than normal, alongside state candidates as opposed to early in the year. That means anyone who wants to run for U.S. House, including the 24 members of the delegation with re-election accounts open with the Federal Election Commission, must make clear what district they intend to run in and meet all state requirements no later than noon June 17.

Campaign & Elections …

“Latest poll: Charlie Crist 36%, Nikki Fried 25%” via Jacob Ogles of Florida Politics — Another poll shows U.S. Rep. Crist leading the Democratic field for Florida Governor. The political committee Floridians For Economic Advancement conducted a poll of likely Democratic voters in the state. Pollsters reached respondents via an online panel. They tested the favorability ratings for the major Democratic candidates and asked who voters intended to support. With no further information on the candidates, about 36% of those surveyed support Crist, compared to 25% who favor Fried and just 6% who want state Sen. Annette Taddeo. Of the remaining respondents, 10% said they favored “someone else” and 23% were “unsure.”

U.S. Senate Race - Republican U.S. Sen. Marco Rubio leads Democratic U.S. Rep. Val Demings in his bid for a third term, but all the ingredients for an upset are there if Demings can capitalize on them.

A new poll from Mason-Dixon showed Rubio with 49% support to Demings’ 42%. While Rubio’s lead falls outside of the margin of error, the pollster noted that “an incumbent running below 50% often leaves the door open for a challenger to significantly tighten a race under the right circumstances.”

Currently, both candidates enjoy strong support from their respective bases, with Rubio’s top-line lead largely coming from his 10-point advantage among the NPA crowd, 47% of whom say they’d vote to re-elect him.

But his 95% name ID might mean some of that support is soft. Demings, currently known by about two-thirds of voters, will undoubtedly be similarly well-known on Election Day. Mason-Dixon says as the name ID gap shrinks, “independent voters must swing to Demings … absent that shift, Rubio will be re-elected.”

She faces an additional challenge: President Joe Biden.

Florida voters aren’t fans of the Commander in Chief. He holds a minus-15 approval rating overall. Independent voters are even less fond of him — just 33% said they approve of the job he’s done so far, while 61% disapprove.

“In order to flip Rubio’s seat, Demings needs Biden’s standing among state voters to significantly improve over the next eight months,” the polling memo reads. “It will be difficult for her to make the necessary gains among those who are unaffiliated as long as they remain hostile to the President.”

The Mason-Dixon poll was conducted Feb. 7-10. It has a sample size of 625 registered Florida voters and a margin of error of plus or minus 4%.

Florida Trend joins partnership for “Before You Vote” televised debate project in races for governor, U.S. Senate - Florida Trend, the Sunshine State’s highly respected “Business Authority,” has joined the “Decision 2022: Before You Vote” televised debate project as a key partner in the planned general election faceoffs this fall for Governor and U.S. Senator. The longest-running televised debate project in Florida’s modern history expects national interest in the debates to be held at Palm Beach State College’s Lake Worth campus in mid-October. More from Florida Trend.

COVID-19 …

“Florida COVID-19 update: Omicron surge continues to fade as positivity rate drops into single digits in parts of South Florida” via David Schutz of the South Florida Sun-Sentinel — Florida’s fading omicron surge hit new lows as the state reported the seven-day average for new cases dipped below 9,000 and the testing positivity rate for much of South Florida dropped fell 10% for the first time since Dec. 19. The number of hospitalized COVID-19 patients also fell on Monday to 5,316, down nearly 28% in a week and 55% from its peak during the omicron surge just over a month ago. There were 879 COVID-19-infected patients in intensive care units on Monday, a one-week drop of 23%. The hospital data combines patients admitted for COVID-19 with those admitted for reasons other than COVID-19 or who were infected after admission.

“Florida hides data showing how many tourists and snowbirds contract COVID-19 in the state” via Chris Persaud and Frank Gluck of the Fort Myers News-Press — When an out-of-stater catches the potentially deadly respiratory disease in Florida, state health officials don't report it to the public. Instead, they follow guidance from the Centers for Disease Control and Prevention by sending that data to the person's home state. Officials from the nonresident's state report the data to the CDC, which adds the case to the home state's infection tally, not Florida's. State health officials refuse to say how many nonresidents have tested positive for COVID-19, including how many of them have died since Florida stopped publishing those numbers in June. Experts say that the uncoupling of infection numbers from their origin could complicate public health response by overstating, or understating, infection rates in given areas. It also downplays the risk of coming to a state like Florida, which has fought mask and vaccine requirements, as well as other safety measures, and downplayed the efficacy of inoculations.