Legislative Update - April 29, 2022

Governor Ron DeSantis was busy this week!  He has signed several bills into law including the new elections law; vetoed the net metering bill and called a special session on insurance from May 23 - 27.

Lawmakers will return to Tallahassee May 23 through 27 to try to shore up the state's property insurance market, which has been beset by rising costs and fleeing insurers. The Legislature failed to come up with a fix during the two-month regular session earlier this year. Gov. Ron DeSantis on Tuesday officially issued a call for a special session seeking to take on the problem. DeSantis, while not offering specific legislation so far, said in his proclamation that the Legislature should consider property insurance legislation related to the overall market, reinsurance, possible changes to the state's building code that could lower home insurance costs, and possible lawsuit reform related to property coverage. DeSantis said higher litigation is a major part of the problem, noting that while Florida sees only about 10% of homeowners policy claims, it accounts for nearly 80% of the lawsuits over property insurance claims. Insurers have had two straight years of more than $1 billion in net underwriting losses in the state, and in just the last three months three insurers writing property coverage in the state have gone insolvent, while several others have stopped writing new policies or not renewed.

“Gov. Ron DeSantis sets property insurance Special Session for late May” via Gray Rohrer of Florida Politics — DeSantis is calling the Legislature back for a Special Session to stabilize Florida’s rickety property insurance market. He issued the official proclamation Tuesday, setting the dates for the Session from May 23 to 27. The proclamation notes the industry has experienced two straight years of at least $1 billion in underwriting losses, and several companies have gone bankrupt or refused to renew hundreds of thousands of policies. No bills for the Session have been filed yet, but DeSantis gave a clue as to what remedies will be on the table in his proclamation. The message states the exclusive purpose of the Session will be to consider bills regarding property insurance, reinsurance, changes to the Florida building code, the Office of Insurance Regulation, civil remedies and appropriations.

—“Gov. DeSantis sets weeklong Special Session on property insurance for May 23” via Jeffrey Schweers of the Orlando Sentinel

—“Gov. DeSantis sets dates for Legislature to convene to deal with property insurance crisis” via Ana Ceballos of the Miami Herald/Tampa Bay Times

—“Gov. DeSantis sets Special Session to fix Florida's deepening property insurance rate crisis” via John Kennedy of the USA TODAY Capital Bureau

—“Five days that could save the insurance world: DeSantis calls Session” via William Rabb of Insurance World

“Bill language being 'worked out' as Florida's property insurance Session nears” via Forrest Saunders of WPTV — There is a proclamation, goal, and dates for May's Special Session on property insurance in Florida. All the public needs now is actual legislation. The Governor's Office said the "bill language is still being worked out and will be available closer to the Special Session." DeSantis' priorities include dropping prices, offering more choices, and stabilizing the market ahead of hurricane season. Lawmakers tell us any significant change will likely require multiple bills targeting tort reform and beyond. Sen. Jeff Brandes, one of the loudest advocates for an insurance-focused Special Session, was hopeful the broad scope of the Governor's proclamation meant meaningful legislation was ahead.

Dems Call for Rent Relief Action During Special Session - Democratic lawmakers called on Gov. Ron DeSantis Thursday to allow lawmakers to consider legislation aimed at lowering rising rent prices when the Legislature meets in special session next month to deal with property insurance issues. The governor has called a special session beginning May 23 with an instruction for legislators to take on rising insurance premiums. Nearly 30 Democrats signed a letter asking the governor to expand the call to include the rent issue, and pointed to several bills offered during this year's regular session that they say could have helped level off or lower rising rents. WFLA / WPBF / WMFE / Rep. Eskamani Press Release / Sen. Taddeo Press Release

DeSantis Vetoes Net Metering Bill, Citing Inflation - Gov. Ron DeSantis on Wednesday vetoed a measure (HB 741) that would have ended a requirement that electric utilities buy back excess energy from rooftop solar panel owners, a bill that was pushed by the state's largest utility, FPL. Backers of the bill had argued that the current law requiring "net metering" forces costs higher for customers without solar panels, who, they argue, subsidize the cost of the state's effort to boost renewable energy. The bill would have reduced the subsidy for solar panel owners over time, a proposal that the solar energy industry said would severely hurt their business, likely dramatically reducing the number of people willing to install panels because they wouldn't see the economic benefits of doing so. In vetoing the bill, the governor pointed to a part of the measure that would allow utilities to impose additional unspecified charges on customers to recover lost revenue related to solar energy generation. How much that recovery might be was undetermined, DeSantis noted. "Given that the United States is experiencing its worst inflation in 40 years and that consumers have seen steep increases in the price of gas and groceries, as well as escalating bills, the state of Florida should not contribute to the financial crunch that our citizens are experiencing," DeSantis said in his veto letter. In vetoing the measure, the governor is again taking on another large, politically-involved company, FPL, which reportedly had a major role in writing the legislation, following his high profile feud with the state's largest private employer, Disney.  Miami Herald / E&E Energy Wire / USA Today Network / Orlando Sentinel / Florida Politics / Politico / Associated Press / Governor's Veto Letter / LobbyTools Governor's Activity

“Gov. DeSantis vetoes net metering bill” via Jason Delgado of Florida Politics — His reasoning: inflation. "Given that the United States is experiencing its worst inflation in 40 years and that consumers have seen steep increases in the price of gas and groceries, as well as escalating bills, the state of Florida should not contribute to the financial crunch that our citizens are experiencing," DeSantis wrote. Under net metering, electrical companies must buy back “banked” energy stored by homes at the retail rate. That energy is added to the utility’s grid and redistributed to non-solar customers. The measure — dubbed by critics the "anti-rooftop solar bill" (HB 741) — aimed to end the buyback mandate. The bill would have kicked in at the start of 2023 when panel owners will collect a 75% credit. Subsequently, returns would've fallen to 60% in 2026, 50% in 2027, and drop to the market rate in 2029. The measure also would have grandfathered in solar panel owners and lessees, allowing them to maintain their entry credit rate for 20 years.

Solar industry praises ‘net metering’ veto — DeSantis’ decision to veto a bill (HB 741) to decrease the rate Floridians are paid for the excess solar energy they generate earned him kudos from the Florida Solar Energy Industries Association, a statewide organization that represents several corners of the solar industry, including manufacturers, contractors and financiers. “The rooftop solar industry employs more than 9,000 Floridians and gives every Florida resident the freedom to choose how they generate and use electricity,” FSEIA President Justin Vandenbroeck said. “Gov. DeSantis understands the value of solar as an economic engine and a powerful tool for energy independence here in the Sunshine State. His decision to veto this bill will allow our industry to continue growing and give more homeowners in our state the chance to lower their electric bills with solar.”

Gov. Ron DeSantis signed four bills on Wednesday dealing with utilities, including a measure (HB 481) prohibiting local governments from enacting laws or policies to prevent utilities from installing temporary underground power panels. The governor also signed into law a bill (HB 1411) aimed at boosting the use of floating solar panels, a measure (SB 350) increasing the number of public utilities that may qualify for rate relief procedures available to small producers, and a measure (SB 7036) dealing with the eligibility requirements for the Lifeline service that provides telecom discounts to low income customers. Governor's Bill Signings

“DeSantis signs Keys derelict vessel, land authority bills” via Renzo Downey of Florida Politics — DeSantis has signed a pair of bills affecting the Florida Keys’ coastline, including a measure addressing derelict boats in the Keys (SB 1432) and a second proposal dealing with a public-private agency that is unique to Monroe County (SB 442). Sen. Ana Maria Rodriguez and Rep. Jim Mooney carried both measures through the Legislature. Lawmakers approved both bills unanimously during this year’s Legislative Session.

Governor Ron DeSantis Signs Bill to Strengthen Florida’s Election Integrity – On Monday, Governor Ron DeSantis signed Senate Bill (SB) 524, Election Administration, to ensure that Florida continues to have secure and accurate elections. This legislation will strengthen election security measures by requiring voter rolls to be annually reviewed and updated, strengthening ID requirements, establishing the Office of Election Crimes and Security to investigate election law violations, and increasing penalties for violations of election laws. To read more about the bill, click here.

“Twenty years ago, nobody thought Florida was a prime example of how to conduct elections, but we have become a national leader by running the most secure elections in the country,” said Governor Ron DeSantis. “We need to do more to ensure our elections remain secure. We have ended ballot harvesting, stopped drop boxes and the mass mailing of ballots, and banned Zuckerbucks, and this bill will give us more resources to make sure bad actors are held accountable.” 

SB 524 increases the penalty for ballot harvesting from a first-degree misdemeanor to a third-degree felony, punishable by up to five years in prison, a $5,000 fine, and up to five years of probation.

The bill also establishes the Office of Election Crimes and Security within the Department of State. Before now, there was not a dedicated office to investigate all election crimes in Florida. The Florida Department of Law Enforcement received positions and resources in this year’s budget to support the criminal investigation of election crimes in partnership with the Office of Election Crimes and Security.

The bill requires voter list maintenance to be conducted annually by supervisors of elections in order to combat the possibility of fraudulent voting.

Finally, the bill requires the Department of State to recommend a plan on how to strengthen ID requirements for mail-in ballots. The Department of State must submit a report on the plan and draft legislation for any statutory changes needed to implement the plan by February 1, 2023. The plan will include how to prescribe the use of a Florida driver license number, Florida identification card number, social security number, or any part thereof to confirm the identity of each elector returning a vote-by-mail-ballot. 

DeSantis Signs Bill Creating Elections Police - Gov. Ron DeSantis on Monday approved legislation creating a new state office to investigate allegations of voter fraud with a new "Elections Security Force." The proposal also adds new requirements for voters using mail-in ballots and places more restrictions on dropbox locations. It also strengthens criminal penalties for voting and registration violations, including increasing the penalty for ballot harvesting to a third-degree felony. The measure (SB 524) was passed during the regular legislative session last month and takes effect immediately. "We need to do more to ensure our elections remain secure. We have ended ballot harvesting, stopped drop boxes and the mass mailing of ballots, and banned Zuckerbucks, and this bill will give us more resources to make sure bad actors are held accountable," DeSantis said. More than $1 million was allocated in the state budget to support the new state Office of Election Crimes and Security located within the Department of State, such as providing 15 new positions, but the governor has yet to approve the state's spending plan. Opponents argue the legislation is a waste of taxpayer money and will make it harder for Floridians to access the ballot box. A federal court struck down provisions of an election reform bill (SB 90) passed last year, but the state is appealing that decision. Politico / Associated Press / USA Today Network / Miami Herald-Tampa Bay Times / Orlando Sentinel / Florida Politics / Forbes / CNN / Fox News / WKMG / News4Jax (Video)

TaxWatch Releases Budget Review, 'Turkey' List - Budget watchdog group Florida Taxwatch on Thursday listed $281 million worth of "turkeys" in its annual review of spending items that it finds questionable in the state budget. The organization's review of the $112.1 billion spending plan passed by the Legislature last month cited 166 line items that it says weren't properly given enough public review and debate during the legislative session. The report said the largest turkey began as a $1 million appropriations request for a sports training facility in Pasco County, but after the project was taken out during budget conferencing it came back as a $35 million item in the Senate's "sprinkle list." The sprinkle list is an additional pot of state revenue not included in initial budget negotiations that is used for last-minute projects. The 2022 sprinkle list was over $400 million more than last session. Other turkeys included new appropriations projects, as opposed to recurring ones. Although not included on the turkey list, the group urged the governor to give more than 1,200 member projects totaling $2.8 billion a closer inspection. "Just in one year, member projects were as much as the last five years combined," said former U.S. Sen. George LeMieux, the TaxWatch Board Chairman. The $3.5 billion in federal COVID-19 relief funds that were included in the state's spending plan were excluded from the report. The governor is expected to sign the state budget before July 1, the start of the new fiscal year. Florida TaxWatch Budget Turkey List / Florida Politics / Tampa Bay Times / WUSF 

COURT CONSIDERS TECH LAW: On Thursday, a panel of the 11th U.S. Circuit Court of Appeals heard arguments in a battle about a Florida law that would put restrictions on companies such as Facebook, Twitter and YouTube. The state took the case to the Atlanta-based appeals court after U.S. District Judge Robert Hinkle in June issued a preliminary injunction blocking the law from being enforced, saying it was “riddled with imprecision and ambiguity.” The law, passed during the 2021 legislative session, was a priority of Gov. Ron DeSantis and other Republicans who accused social-media platforms of censorship. (9 a.m., Frank M. Johnson, Jr. United States Courthouse, 1 Church St., Montgomery, Ala.)

BOE to Consider Diaz Appointment - The State Board of Education updated its meeting agenda to include the consideration of the governor's recent recommendation of Sen. Manny Diaz as Education Commissioner. The Republican lawmaker was elected to the Florida Legislature in 2012 and currently represents the Hialeah Gardens area. Diaz, a former school teacher, has pushed numerous education measures, including several priorities of Gov. Ron DeSantis. Diaz was the sponsor earlier this year of SB 1048, which replaces the Florida Standards Assessment with a new progress monitoring regime, and a measure passed as HB 7, which restricts how issues related to race, racism and the history of racial relations can be taught in public schools and workplaces. Diaz is currently the vice president of financial affairs at Doral College. Current Education Commissioner and former Republican House Speaker Richard Corcoran is stepping down at the end of the month. If the Board of Education approves Diaz, he would be the first Hispanic and Cuban commissioner in Florida history. The Board is scheduled to meet Friday, April 29. BOE Meeting Agenda

“Meet Gov. DeSantis’ pick for Education Commissioner: Manny Diaz Jr.” via Ana Ceballos of the Miami Herald/Tampa Bay Times

Redistricting …

“With Florida’s congressional map in place, judge says plaintiffs need a new argument fast” via Jacob Ogles of Florida Politics — A judge said plaintiffs calling for a court-instated congressional map need to make a new case now that DeSantis has signed one into law. “No later than April 29, Plaintiffs and Intervenor Plaintiffs must show cause why the court should not dismiss the case as moot,” wrote U.S. District Judge Allen Winsor. The order to show cause comes days after attorneys for Secretary of State Laurel Lee called for the case to be dismissed. In March, Common Cause Florida, Fair Districts Now, and five Florida citizens filed a complaint in U.S. District Court. In the original complaint, attorneys argued the Legislature and DeSantis would likely not reach an agreement over congressional cartography. At that time, DeSantis had made clear he would veto maps crafted by legislative staff and passed in the House and Senate.

Florida seeks to end lawsuit after redistricting plan passes - As a new round of legal battling begins about congressional redistricting, the state is asking a federal court to dismiss a lawsuit that has urged judges to draw new district lines. Attorneys for Secretary of State Laurel Lee filed a motion Friday that said the federal lawsuit, which was filed March 11, is moot. The motion came shortly after Gov. Ron DeSantis signed a congressional redistricting plan that lawmakers passed last week in a special legislative session. More from the News Service of Florida.

Map signed; lawsuits filed. Several voting rights and civil rights organizations, as well as a Democratic-aligned redistricting group, sued over Florida’s new congressional map on Friday, the same day DeSantis signed the new map into law. The new map hands significant gains to Republicans and dismantles the North Florida seat currently held by Congressman Al Lawson. Among the organizations filing lawsuits are Black Voters Matter, Florida Rising, and The League of Women Voters of Florida, which successfully challenged Florida’s last round of maps passed a decade ago.  

Voting Rights Groups Sue Over New Congressional Districts - Opponents of the newly passed congressional districts created by Gov. Ron DeSantis sued Florida on Friday, claiming the maps reduce opportunities to elect minorities to Congress and don't satisfy requirements of the Fair Districts Amendment in the state constitution. CNN / USA Today Network / Associated Press / Reuters / Law360 / Politico / Copy of Lawsuit

Black lawmakers who protested new congressional districts hope snub of minority voting rights will spur a surge in Black voting. USA Today Network

Business Issues …

Florida is the least affordable place to live in the U.S. - Rents, which are rising by double-digits nationwide, are positively ballooning across Florida, fueled by a surge of people who relocated to the state during the pandemic. Florida's population is growing faster than any state but Texas: Between 2020 and 2021, 300,000 people moved to the Sunshine State. Florida's housing woes have been festering for years, with the state enjoying robust population growth while also courting new residents and businesses attracted by the low taxes and an anti-regulation agenda. More from  CBS News and WINK News.

Florida Cities Among Least Affordable in Nation - While Florida has experienced a strong economic comeback following COVID-19 lockdowns, including a rise in tourism, new residents and large businesses looking to relocate to the state, there's been a downside to the recovery for some Floridians: rising home prices and rents, and other costs of living. Many Florida families have seen skyrocketing rent increases in a state where governments have historically opposed rent caps. Floridians looking to buy a home have had a harder time due in part to out-of-staters relocating to Florida. A decrease in construction due to the pandemic and investment firms purchasing homes way above asking price have also contributed to higher housing costs. Realtor.com rated Miami as the nation’s least affordable place to live, with Tampa not far behind. The limited supply of homes, soaring inflation and a stagnant living wage could affect the market for years to come, some economists say. "It's a challenge in today's market because we have such limited housing supply, whether we're talking for-sale housing or for-rent housing, and the higher prices are making it difficult to transition into owning," said Danielle Hale, chief economist at Realtor.com. Money Watch

Report: Texas, Florida best states for business; California worst - Texas and Florida are the best states for business again, according to this year’s annual ranking published by Chief Executive Magazine. California remains the worst. In its “Best & Worst States for Business Survey of CEOs,” the magazine published the findings of its annual survey of nearly 700 CEOs, company presidents, and business owners in every state. Texas has ranked first every year since 2001, when the magazine first began ranking states’ business environments. [Source: Center Square]

State Revenue Continues to Beat Projections - Florida continues to exceed tax revenue projections heading into the second quarter of 2022, according to a report released Thursday by the Office of Economic and Demographic Research. For March, general revenue collections were $626 million, or 21.5%, over the state's official estimates, continuing the post-pandemic trend of a strong economic recovery. State economists believe the increase is due to rising inflation, which is the highest it's been in 40 years. But economists also predict the trend will go back down if inflation persists due to residents cutting back on purchasing and focusing on essential needs. "Persistent inflation conditions will ultimately suppress collections as consumers begin to spend more money on non-taxable necessities like food and health care," the report states. Additionally, the Seminole Tribe of Florida halted monthly payments in March worth $37.5 million after a federal judge blocked the state's gaming compact with the Tribe. EDR Monthly Revenue Report / EDR Detailed Report / Florida Politics

‘Rollercoaster ride continues’: Florida gas prices gradually move lower after 10 cent jump - Florida gas prices are gradually moving lower after rising 10 cents last week. Florida’s state average rose from $4.01 to $4.11 per gallon. Drivers are now paying an average price of $4.10 per gallon, according to AAA. “The rollercoaster ride at the pump continues,” said Mark Jenkins, spokesman, AAA - The Auto Club Group. More from the WJXT.

No, Florida's upcoming gas tax holiday doesn't guarantee lower prices at the pump - A gas tax holiday guarantees you won’t be paying the state tax on each gallon of gasoline, but because of the uncertainty of outside factors on price, it does not guarantee you will see the full tax break reflected at the pump. But in states where gas tax holidays have recently been implemented prices have dropped below the national average, reflecting much of the gas tax savings. [Source: WTSP]

As inflation rises, Floridians say it’s hard to pay their bills - Nearly half of Floridians included in a recent survey say inflation has impacted their ability to pay essential bills. The finding comes from a survey conducted by the University of South Florida, asking 600 Floridians how price hikes have impacted their spending — and their attitudes on various related policy issues. Inflation has impacted Floridians’ spending on everything from food to housing, the survey found. [Source:  Tampa Bay Times]

FSU economist says recession possible in 2023 - Florida in general and the North Port-Sarasota-Bradenton metropolitan area specifically, have recovered from COVID-19 job losses more quickly than the rest of the country, Florida State University economist Jerry Parrish said Friday morning at the Venice Area Chamber of Commerce 2022 Economic Outlook breakfast. Parrish was cautiously optimistic about the economic future, but said a recession appears likely by early 2023, though it would be different from the Great Recession, which was driven by a protracted housing crisis. [Source: Sarasota Herald-Tribune]

DeSantis dissolves Disney’s Reedy Creek district. What it means for Florida counties, taxpayers - Gov. Ron DeSantis and the Florida Legislature's actions to start the clock on dissolving a special self-governance district created for The Walt Disney Co. in 1967 could have dramatic impacts for two Orlando-area counties and their taxpayers. It could mean big tax increases for residents of Orange and Osceola counties, as taxpayers would suddenly have to pick up the costs of everything from fire protection to road maintenance within Disney property.More from  Florida Today, the Tampa Bay Times,  and the Orlando Sentinel.

Does Move Against Disney Violate Company's Freedom of Speech? - The move by Gov. Ron DeSantis and the Legislature to punish Disney for its opposition to an education bill by abolishing the company's special local government could face a challenge on First Amendment grounds. DeSantis acknowledged Friday while signing the bill that it was retaliation for the company's position on a Republican-backed education bill that prohibits instruction related to sexual orientation in lower school grades. "You're a corporation based in Burbank, Calif., and you're gonna marshal your economic might to attack the parents of my state?" DeSantis said. "We view that as a provocation, and we're going to fight back against that." The "Citizens United" Supreme court case of 2010 held that corporations enjoy a right of free speech, and that political speech, including making campaign contributions, by companies is protected by the First Amendment. But "the assertion that a single corporation has a First Amendment right to its own autonomous government is simply absurd," DeSantis spokeswoman Christina Pushaw said. Tampa Bay Times

In a feud with Disney, Gov. Ron DeSantis is taking a chance on a combative style of leadership. Associated Press 

“Will Walt Disney World leave Florida if Reedy Creek is dissolved? There are offers” via Howard Cohen and Michelle Marchante of the Miami Herald — Gov. DeSantis signed legislation in reaction to Disney’s opposition to the state’s recently enacted Parental Rights in Education bill. The potential dismantling, which, if it happens, would take effect June 1, 2023, also has people wondering if Mickey Mouse might simply give the state a gloved finger and open a new mouse house elsewhere. The short answer to whether Disney pulls up stakes and bolts the state: The company could. But it is considerably highly unlikely. There’s way too much invested in the Sunshine State.

The governor's stance is part of a populist GOP shift, choosing 'anti-woke' stances over relationships with big business. CNN  

Gov Feud with Disney Doesn't Take Tax Breaks - The governor's feud with Disney hasn't resulted, so far, in the company losing any of its hundreds of millions in tax breaks. DeSantis spokeswoman Christina Pushaw said the governor hasn't asked the Legislature to repeal the tax credits because "it's not a carve-out for a specific corporation." Bloomberg

Reedy Creek Measure Leads to Ratings Watch on Bonds - The uncertainty over what will happen to more than $800 million in outstanding ad valorem tax bonds and utility revenue bonds has led ratings agency Fitch to issue a "negative watch," on Reedy Creek Improvement District's outstanding debt. Gov. Ron DeSantis last week signed a  law that will abolish the district, created as a self-governing entity for Disney more than 50 years ago, in 2023. A negative bond watch alerts bondholders and others that the district's outstanding bonds could be downgraded. When Reedy Creek ceases to exist – assuming lawmakers don't reverse the move in the year before the abolition takes effect or the courts don't invalidate the law – the district's debt obligations and revenue would be transferred to Osceola and Orange counties and the cities of Lake Buena Vista and Bay Lake. The Bond Buyer / Tampa Bay Times

“Disney tells investors state can’t dissolve special district without paying debt” via Mary Ellen Klas of the Miami Herald — Disney quietly sent a note to its investors to show that it was confident the Legislature’s attempt to dissolve the special taxing district operating the 39-square mile parcel it owned in two counties violated the “pledge” the state made when it enacted the district in 1967, and therefore was not legal. The result, Disney told its investors, is that it would continue to go about business as usual.

COVID-19 …

Fauci: The U.S. is 'Out of the Pandemic Phase' with COVID - The word pandemic no longer applies to the COVID situation in the United States given current infection, hospitalization and death rates, Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, said in a television interview. "We are certainly right now in this country out of the pandemic phase," Fauci said in an interview on PBS on April 26. "Namely, we don't have 900,000 new infections a day and tens and tens and tens of thousands of hospitalizations and thousands of deaths. We are at a low level right now ... Pandemic means a widespread, throughout the world, infection that spreads rapidly among people." PBS News Hour

Florida Nears 74,000 COVID-19 Deaths - Florida is nearing a reported 74,000 resident deaths from COVID-19 since the pandemic started in 2020. A report released Friday by the state Department of Health said 73,830 residents had died as of a Thursday count. That was up from 73,538 reported two weeks earlier. Because of lags in reporting, it is not clear when the additional deaths occurred. The report also showed that new COVID-19 cases have been gradually increasing. The state had 20,860 new cases reported during the week of April 15 to Thursday, up from 15,623 cases the previous week. It also was the fifth week in a row of increases, after Florida had 8,038 reported cases during the week of March 11 to March 17.

COVID-19 infections once again on the rise in Florida - Florida’s pandemic respite appears to be over. COVID-19 infections are once again climbing across the state, and a new variant could be responsible. The state recorded nearly 3,000 cases per day, on average, over the most recent seven-day period from April 15 to Friday. That’s nearly double the 1,600 average daily caseload from two weeks earlier, according to data from the Centers for Disease Control and Prevention. More from the  Tampa Bay Times and the Gainesville Sun.

“Florida's COVID-19 hospitalizations are rising again as BA.2 subvariant starts to spread” via Chris Persaud of the Palm Beach Post — Coronavirus-positive patients are filling up Florida's hospitals once again, but their numbers remain smaller than before the original omicron wave engulfed the state. Medical staff statewide tended to an average of 738 COVID-19-positive patients this week, data released Friday by the U.S. Health and Human Services Department shows. That's higher than the week before, but still lower than the four-digit levels recorded in late November and early December. HHS also reported an average of 92 adults per day this week in intensive care units in Florida, the lowest level on record. Health officials have documented a rise in new infections since mid-March, but the post-omicron number of COVID-19-positive hospital patients hasn't risen until this week.

Health Care Issues …

“Report: More than 500K Floridians could lose health care if PTCs expire” via Drew Wilson of Florida Politics — More than a half-million Floridians could lose their health if Congress doesn’t make a tax credit included in the American Rescue Plan permanent. The Robert Wood Johnson Foundation and Urban Institute found that about 3.1 million Americans are at risk of losing coverage if the credits are allowed to expire. About 513,000 of those people live in Florida. The American Rescue Plan boosted Premium Tax Credits (PTCs), which offset the cost of purchasing health insurance on the federal marketplace, but the expanded credit is currently set to expire at the end of this year. If not extended, Americans who earn an annual income between 150% and 400% of the federal poverty level will pay an added $1,000 a year for silver-level health insurance.

Former Florida Surgeon General Scott Rivkees, now a professor at Brown University, has publicly disputed Florida guidance on vaccination for children and guidance for treatment of transgender youth.Tampa Bay Times

The annual Prescription Drug Take Back Day hosted by the U.S. Drug Enforcement Administration is scheduled for Saturday, April 30. Multiple locations around Florida will be accepting people's unneeded medications anonymously from 10 am to 2 pm. The federal agency says the event helps prevent medication misuse, opioid addiction and drug overdose. Fatal drug overdoses have increased since the beginning of the COVID-19 pandemic and the DEA says most opioid addictions start with prescription pills found in medicine cabinets. WJCT

Feds Award Money for Data Collection on Disparities - The federal government will award nearly $90 million to certain health care facilities in an effort to support the collection of new data aimed at reducing health care disparities. The money is funded through the American Rescue Plan and administered by the Health Resources and Services Administration. Health care facilities in Florida have received more than $400 million of the $7 billion worth of grants made available since the American Rescue Plan was passed in March 2021. Federally qualified health centers across the state can apply for the newly available funding until May 23. Florida Politics / HHS Press Release

The Biden administration is working to increase access to Pfizer Inc.'s Paxlovid COVID-19 antiviral pills, including nearly doubling the number of pharmacies carrying the drug. Washington Post / NPR

COVID-19 vaccine manufacturers Pfizer and BioNTech requested federal authorization Tuesday from the Food and Drug Administration to distribute the first booster shot for children aged 5 to 11. NPR

› Surging health care industry shows no signs of letting up in Jacksonville [Florida Times-Union]
Permits have been approved to toss the ceremonial gold shovels and bring on the heavy equipment and machinery to begin construction on a new 124-bed addition to a UF Health hospital facility. UF Health North already broke ground on the new hospital tower at the end of March at 15255 Max Leggett Parkway. With construction underway, the new facility is expected to open in 2024 directly behind the existing tower.

“Janet Cruz says racism plays a part in decision to not expand Medicaid” via Christine Jordan Sexton of Florida Politics — Sen. Cruz contended that racism has played a role in the state’s decision not to expand the nation’s health care safety net program to low-income, childless adults as allowable under the federal law. “In my opinion, it is indeed a racist attitude to think that the poor don’t deserve health care. It’s not a privilege. Health care is not a privilege. It should be a basic right,” Cruz said on a conference call. Florida is one of 12 states that has not expanded Medicaid to uninsured adults as allowed under the federal law often referred to as “Obamacare.” Democratic candidates have tried to make expansion a campaign issue in the last several elections.

Moody Expands Synthetic Opioid Ban

Attorney General Ashley Moody issued an emergency rule earlier this week banning eight additional opioid synthetic drugs. The ruling will designate all eight of the drugs as Schedule I controlled substances in Florida, making it a felony for someone to have, sell, manufacture or distribute any of the drugs. The eight synthetic opioids, categorized as nitazenes, are rarely used as prescriptions and have been linked to at least 15 fatal overdoses in the state since 2020. "Not only are we seeing an increase in the number of nitazene cases identified in Florida, but we also suspect these substances are being mixed with more common street drugs and sold to unsuspecting users," Moody said. "Some nitazenes are many times more lethal than fentanyl and we must make sure they do not become more prevalent in our state, or I am afraid we will see overdose deaths skyrocket." She is also seeking to codify the rule in state law with the help of legislators during the next regular session. Moody Press Release / The Center Square

Campaigns and Elections …

Plaintiffs Ask Judge to Block Use of New Congressional District Map - Plaintiffs suing Florida over its new congressional district map are asking a court to put the plan on hold before this year's congressional elections. Lawyers for advocates for minority voters have filed a motion in Leon County circuit court asking a judge to prevent the map from being used in this year's midterm elections. Advocates complain the map disenfranchises Black voters by eliminating a specially drawn district in North Florida that was meant to pull Black communities from different regions together in an effort to ensure the election of an African-American, or at least a candidate chosen by a majority of African-Americans. Florida Politics / Motion for Temporary Injunction / Memorandum in Support of Motion for Temporary Injunction

“Plaintiffs drop federal case against redistricting plan” via Jacob Ogles of Florida Politics — Plaintiffs have dropped a federal lawsuit regarding Florida’s redistricting process. But litigation remains ongoing in Florida’s circuit courts. The complaint against the state, filed by Common Cause of Florida, Fair Districts Now and individuals in the state, had alleged Gov. DeSantis and the Legislature would not be able to usher a congressional map into law and asked judges to step in. But the Legislature in a Special Session this month took up and passed cartography crafted by DeSantis’ staff, and the Governor on Friday signed that map (P 0109). “The specific relief from malapportionment sought by Intervenor-Plaintiffs in their Complaint is no longer required,” reads a brief filed in U.S. District Court.

“Democrats worry Florida slipping out of reach as national donors shy away” via Alex Roarty and Bianca Padró Ocasio of the Miami Herald

“Will Black voters punch back at the polls against Ron DeSantis over redistricting map?” via Zac Anderson and Mark Harper of the Tallahassee Democrat

“DeSantis endorses Wilton Simpson for Agriculture Commissioner” via Jacob Ogles of Florida Politics

“Chuck Nadd drops out of Agriculture Commissioner race, clearing field for Wilton Simpson” via Jacob Ogles of Florida Politics — Nadd has suspended his campaign for Florida Agriculture Commissioner. The move came a day after DeSantis endorsed Senate President Simpson for the post. “The outpouring of support for our campaign has made for an extraordinary past three weeks,” Nadd wrote in a handwritten message posted online. “While (wife) Shannon and I have decided to suspend our campaign based on Gov. DeSantis’ decision to unite the GOP, we remain committed as ever to fighting for clean water, our conservative values, and the Florida freedoms that he has championed.”

“Ahead of election, Gov. DeSantis approval nears 60%” via Caden DeLisa of The Capitolist

Gov. Ron DeSantis' feud with Disney over the company's opposition to an education bill has bolstered the governor's national reputation among conservatives and helped push his re-election fundraising to a record $105 million as of the end of March. Tampa Bay Times

Roger Stone won’t run against DeSantis for governor — but says he might challenge ‘RINO’ Rubio - Roger Stone, the longtime adviser to former President Donald Trump, says he won't run against Gov. Ron DeSantis. Stone is still not happy that DeSantis won't rule out challenging Trump for the 2024 presidential nomination, but can't run because of provisions in Florida law. Online speculation increased in recent days about a Stone challenge to DeSantis. Stone says he's still thinking about challenging U.S. Sen. Marco Rubio, R-Fla...
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“‘Charlie’s message is resonating’: Shevrin Jones endorses Charlie Crist for Governor” via Jesse Scheckner of Florida Politics

“Charlie Crist, running for Governor, skips D.C. work weeks” via Haley Byrd Wilt of The Dispatch — Over four months and 125 recorded votes on the House floor this year, Rep. Crist hasn’t missed a single one, an impressive feat for a lawmaker running for Governor. But that accomplishment is even more miraculous for a simple reason: Crist has voted in person only four days this year. Crist was present for 18 votes. Crist’s colleagues have cast the rest of the Florida Democrat’s votes on his behalf while he has skipped the trek to the nation’s capital. Established near the outset of the coronavirus pandemic, proxy voting allowed members to participate remotely for the first time in the House’s history. It was intended as an emergency measure to prevent the spread of the virus and to keep lawmakers and their families safe.

“Val Demings, Marco Rubio each top $30M raised in Senate battle” via Scott Powers of Florida Politics — Rep. Demings’ Senate campaign raised more than $10 million in the first quarter of 2022, and Sen. Rubio grabbed $5.8 million. That put both of them over $30 million raised in the 2022 U.S. Senate money chase. Both candidates have also been spending furiously on their campaigns. As a result, on April 1, both were sitting on about $13 million. The $30 million apiece raised by the leading Senate candidates in Florida makes the Rubio-Demings contest the only Senate battle in the country where both candidates are anywhere near that stratosphere of fundraising.

Justices Qualify for November Ballot - All five Florida Supreme Court justices slated for merit-retention elections this year qualified for the November ballot on Monday, according to the state Division of Elections website. Chief Justice Charles Canady and Justices Ricky Polston, Jorge Labarga, John Couriel and Jamie Grosshans qualified on the first day of a qualifying period that will end Friday for Supreme Court, appellate-court and circuit-court races. Under the merit-retention process, Supreme Court justices and appellate judges appear on the ballot every six years but do not face opponents. Instead, voters are asked if they want to retain the justices and judges. In addition to the justices, 27 appellate judges qualified Monday.

“Judicial candidates placing big antes, gambling that challengers will fold” via Scott Powers of Florida Politics

‘Clean and Healthy Waters' Initiative Proposed - A political committee has filed a proposed constitutional amendment that would create a “fundamental right to clean and healthy waters” and allow lawsuits against state agencies for harm or threatened harm to lakes, rivers, wetlands and other types of water bodies. The committee Florida Right to Clean Water.org has proposed the initiative for the 2024 ballot, according to newly posted information on the state Division of Elections website. “State executive agencies are instrumental to the effort to protect Florida waters from harm and threatened harm,” part of the proposed amendment says. “Consequently, to promote the interests of Florida’s people, businesses, organizations, communities, and economies in clean and healthy waters, this section (part of the proposal) provides for equitable remedies against the actions or inactions of state executive agencies that harm or threaten harm to Florida waters, with the goal of clean and healthy waters and the aspiration that waters in the state will one day flourish.” To reach the 2024 ballot, the committee would need to submit 891,589 valid petition signatures by a Feb. 1, 2024, deadline and receive approval of the ballot wording from the Florida Supreme Court.

Democratic gubernatorial candidate Nikki Fried is calling for five statewide debates in the party's primary. Her opposition includes former Gov. Charlie Crist and Sen. Annette Taddeo. Florida Politics 

Florida and national Republicans are asking federal judges to block a ruling that struck down part of an election law passed in Florida in 2021 while it is on appeal. Politico  

RNC touts 40K voter contacts during ‘Operation Red’ — The Republican National Committee says it contacted more than 40,000 Florida voters during the “Operation Red” outreach drive it held over the weekend. “While Florida Republicans remain committed to listening and engaging with voters, Democrats are laser-focused on impressing Hollywood elites with embarrassing theater,” RNC spokeswoman Julia Friedland said. The drive was part of an RNC initiative designed to activate volunteers and build momentum for the party ahead of the 2022 election. The RNC noted its Florida Victory Team knocked on more than 23,000 doors, made more than 17,000 calls, and engaged more than 700 volunteers during “Operation Red.”

Farmer Seeks Seat on Circuit Bench - Sen. Gary Farmer, D-Fort Lauderdale, is running for an open judge seat in the 17th Circuit Court in Broward County. Farmer was previously the Senate Democratic Leader and was initially elected in 2016. The state's legislative redistricting map, which was passed by lawmakers and adopted by the courts earlier this year, places Farmer and his Democratic colleague Sen. Jason Pizzo in the same district. Pizzo has already filed to run to represent the new district but Farmer has decided to seek a judgeship. Farmer will have competition for the judge's seat, including three other candidates listed on the Division of Elections website. They are all vying to replace Judge Barbara McCarthy, who is not seeking reelection. Florida Politics