Legislative Update June 10, 2022

Governor Ron DeSantis vetoed another priority bill of Senate President Wilton Simpson.  The Governor claims that SB 2508 would divert water from the Everglades restoration efforts and harm the ecosystem in what opponents argued was a plan to help Big Sugar.  In his veto letter, he wrote that it created “unnecessary and redundant regulatory hurdles” that could compromise the execution of Everglades restoration projects.

DeSantis also canceled the Cabinet Meeting scheduled for June 28 and June 29 meeting of the Board of Executive Clemency.  Commissioner Nikki Fried called the action an “insult to Floridians.”

Republicans continue to oppose a call by Democrats to hold a special legislative session about gun violence, according to responses to a poll of lawmakers conducted by the Florida Department of State. Lawmakers will have until 3 p.m. Friday to respond to the poll. As of Wednesday, only 10 Republican lawmakers, including incoming House Speaker Paul Renner, R-Palm Coast, had responded. All 10 opposed the idea of a special session. Democrats used a legal procedure to require the poll. A special session would be held if it receives support from 60 percent of the members of the House and Senate, both of which are dominated by Republicans. After mass shootings in Buffalo, N.Y., and Uvalde, Texas, Democrats want lawmakers to address issues of universal background checks, expanding “red-flag” laws and regulating high-capacity rifle magazines.

Charlie Crist has picked up several endorsements recently include The Sierra Club and the Florida Education Association, the teacher union.

Qualifying begins at noon on Monday, June 13. Candidates who are planning to run for US Senator, Congress, Governor, Attorney General, Chief Financial Officer, Commissioner of Agriculture, State Senator, State Representative, and multi-county special districts must have their paperwork filed by noon next Friday.

Below you will find articles about the issues above and more …

DeSantis Vetoes Everglades Measure - Gov. Ron DeSantis on Wednesday vetoed a high-profile measure that critics had feared would divert water from Everglades restoration efforts and harm the ecosystem in what opponents of the measure had argued was a plan to help sugar growers. The bill (SB 2508) was a high priority for Senate President Wilton Simpson, but was controversial during the legislative session because of disagreement over what the bill would actually do. The measure was touted in part as a way to protect the state's efforts at regulating the region in the face of federal efforts. Critics of the bill said one of its provisions would allow certain permits for work in wetland areas to be fast-tracked without appropriate environmental oversight. Miami Herald-Tampa Bay Times / Orlando Sentinel / Treasure Coast Newspapers

Dems Continue to Press for Gun Law Session - State Democratic lawmakers continue to push for a special session to address gun regulation in the wake of the fatal mass shootings in Uvalde, TX and Buffalo, NY. Last week, Rep. Joe Geller, D-Aventura, sent a letter to newly appointed Secretary of State Cord Byrd calling for the special session. Geller's Democratic colleagues garnered the initial required 20% of members needed for the Department of State to start polling legislators. The polling officially began Monday and will run until 3 p.m. Friday. At least 60% of lawmakers in each chamber must be in support of a special session in order for it to take place under the polling rule. As of Tuesday, 46 out of 58 Democrats had voted in favor while six out of 99 Republicans had responded in opposition. According to the letter, the special session would focus on legislation that would limit large-capacity rifle magazines, expand the state's "red flag" law and require universal background checks for firearm sales. "Red flag" laws, also known as risk protection order laws, were put in place by the Marjory Stoneman Douglas High School Safety Act of 2018 and allow law enforcement to temporarily seize firearms from at-risk individuals who have been deemed a danger to themselves or others. More than 5,850 risk protection orders have been filed in Florida courts since 2018. Florida's Republican U.S. senators, Marco Rubio and Rick Scott, are currently advocating for the legislation at the federal level. "This is a package designed to get our colleagues across the aisle to join us in this call," Geller said. If successful, the gun violence special session would be the third this year, following sessions on redistricting and property insurance. DOS Polling Update / Florida Politics / WTSP / Spectrum News 

DeSantis Opposed to Dems' Gun Control Push, Urges 'Focus on the Lunatic' - Gov. Ron DeSantis said Wednesday that efforts by Democratic lawmakers to push for a new look at Florida gun laws in the wake of a spate of mass shootings, including the Uvalde, Texas school shooting, are a non-starter. "With all due respect to these leftists, they just want to come after your Second Amendment rights," DeSantis said. The state should instead focus on interventions targeted at people who commit shootings, rather than the guns themselves, he said. "You focus on the criminal," DeSantis said. "You focus on the lunatic. You don't knee cap the rights of law abiding citizens." USA Today Network 

“Permitless carry bill coming next Legislative Session, top Republican says” via Romy Ellenbogen and Kirby Wilson of the Tampa Bay Times — Incoming Florida House Speaker Paul Renner told a supporter his chamber would move a “constitutional carry” policy for gun owners in Florida in the next legislative session, according to a video surreptitiously recorded at a fundraising event last month and posted online. In the video, which was filmed at a House GOP fundraising event in Ocala on May 17, a man pulls Renner aside and asks if expanding the right for Floridians to carry guns without permits would be a legislative priority. “I can tell you; we’ll do it in the House,” Renner tells the man. “We need to work on the Senate a little bit.”

“DeSantis scraps another Cabinet meeting, canceling state business; Nikki Fried calls it ‘an insult’ to Floridians” via Michael Moline of the Florida Phoenix — The three Cabinet members — Fried, Attorney General Ashley Moody and Chief Financial Officer Jimmy Patronis — are top statewide elected officials who conduct the state’s business, along with the Governor. Fried, a Democrat seeking her party’s nomination to campaign against Republican DeSantis in November, said DeSantis’ office gave no reason for canceling a Cabinet meeting set for June 28 and a June 29 meeting of the Board of Executive Clemency. The notice arrived via a terse email from Caroline Redshaw, DeSantis’ aide for Cabinet affairs.

Health Care …

New Moffitt Cancer Campus Proceeding With Plans - Although Gov. Ron DeSantis recently vetoed a line item in the upcoming state budget that would have provided roughly $600 million in recurring dollars over the next 30 years for a new Moffitt Cancer Center biotech campus in Pasco County, plans to build the new facility are still moving forward. WUSF 

Hospitals unable to meet undocumented patient data demand from Gov. DeSantis - Some Florida hospitals are struggling to meet a demand from the governor's office for information on undocumented patients they treat. In September 2021, Gov. Ron DeSantis signed an executive order requiring the Florida Agency for Health Care Administration to begin collecting data from hospitals on the amount of money spent on caring for undocumented immigrants. The problem? Most health care facilities don’t question patients about their immigration status before treating those in need. [Source: Gainesville Sun]

Scotus Rules AHCA Can Recover Settlement Money to Recoup Spending on Patient Care - Florida's Medicaid program can recover much of what it spent for the care of a woman in a vegetative state from a settlement with those found responsible for her injury. The court ruled 7-2 in Gallardo v. Marstiller in favor of the Florida Agency for Health Care Administration that the settlement money could offset some of the money paid by the state to care for Gianinna Gallardo, injured when she was hit by a truck in 2013 as she got off of a school bus. The case was closely watched nationally. Scotusblog / Law and Crime / Supreme Court Ruling

The nation's Social Security and Medicare trust funds' depletion dates have been extended due to a strong economic comeback according to a report released late last week. Social Security's depletion date was pushed back from last year's projection of 2034 to a new estimate of 2035. Medicare's trust fund for inpatient hospital care moved back two years to 2028 from last year's forecast of 2026. Officials say both dates will continue to change depending on the economy. Associated Press

AHCA Evaluating Proposals for IT System - Five vendors are vying to overhaul the Agency for Health Care Administration's information technology management system, Florida Politics reported. The bidders would be tasked with modernizing the Florida Medicaid Management Information System. The new state system, called Florida Health Care Connections, or FX, aims to minimize errors by simplifying and consolidating existing Medicaid enrollment, expediting health plan credentialing processes for providers, and improving access and integration of health care data. The contracts are estimated to be worth more than $320 million in total. The two available contracts have attracted multiple vendors, including Gainwell Technologies, Optum, HHS Tech Group, FEI Systems, Digital Harbor Inc., Conduent State Healthcare, Gainwell Technologies, Deloitte, Automated Health Systems TTEC, Cognosante, and Maximus. An additional contract for core systems is expected to be worth $154.5 million but the vendor's names have not been released. The new FX system was spearheaded by former AHCA Secretary Mary Mayhew. Current managed care contracts are scheduled to expire at the end of 2024 and the agency is preparing to begin the lengthy procurement process later this year. Florida Politics

COVID …

“There’s a new, more contagious omicron strain, and it’s in Miami-Dade” via Devoun Cetoute and Michelle Marchante of the Miami Herald — On Tuesday, Premier Medical Laboratory Services says it has identified the first three cases of the BA.4 strain in Miami-Dade. Additionally, another omicron subvariant, BA.5, has been rapidly growing in the Southeast. Experts say these variants have a higher chance of evading vaccines and booster shots. BA.4 and BA.5 are classified as “variants of concern” by the World Health Organization, meaning they show evidence of higher transmission rates and increased hospitalizations or deaths. Premier Medical says BA.4 and BA.5 may cause increased COVID-19 cases in the United States and Florida. In the past seven days, Florida has added 10,081 new COVID-19 cases and 24 deaths per day, according to Miami Herald calculations of data published by the CDC.

More Counties at High COVID Risk - More than 20 Florida counties are now at a high risk of spreading COVID-19, according to the U.S. Centers for Disease Control and Prevention. Only nine counties were at high risk two weeks ago. Areas added to the high transmission list include Osceola, Orange, Brevard, Lake, Sumter, Volusia, Seminole, Flagler, Brevard, St. Lucie, Martin, Indian River, Monroe, and Charlotte counties. Previously, Hillsborough, Pinellas, Polk, Pasco, Sarasota, Alachua, Broward, Miami-Dade and Palm Beach counties were only at high risk for transmission of the virus. Florida is seeing a new wave of COVID-19 omicron subvariant infections and federal officials have recommended people in much of central and South Florida consider wearing masks while in indoor public places. The U.S. Department of Health and Human Services said hospitalizations and ICU patients diagnosed with COVID have increased over the past week. Health News Florida

Florida’s health department undercounted COVID cases and deaths, state audit says - Florida’s COVID-19 data was so inaccurate, incomplete and delayed during the first months of the pandemic that government officials and the public may not have had necessary information to determine the effectiveness of the state’s COVID-19 precautions and the best plan to fight the virus, according to a state report released Monday. Covering the state’s pandemic response from March to October 2020, the year-long analysis by the State Auditor General found missing case and death data, unreported demographic details, and incomplete contact tracing as the virus spread across the state. More from the Tampa Bay Times and the Miami Herald.

"Florida undercounted COVID cases and deaths, failed to get test results, state audit says" via Ian Hodgson of the Times/Herald —Florida’s COVID-19 data was so inaccurate, incomplete and delayed during the first months of the pandemic that government officials and the public may not have had necessary information to determine the effectiveness of the state’s COVID-19 precautions and the best plan to fight the virus, according to a state report released Monday. Covering the state’s pandemic response from March to October 2020, the yearlong analysis by the Florida Auditor General found missing case and death data, unreported ethnic and racial details, and incomplete contact tracing as the coronavirus spread across the state. In addition, the report concluded that state health officials did not perform routine checks on the data to ensure accuracy and did not follow up on discrepancies.

Yet one top state health official, Department of Health spokesperson Jeremy Redfern, said the Auditor General’s report was flawed. Redfern said “some of the conclusions come from (the auditors’) misunderstanding of the purpose of different datasets,” adding that “the report does not address the huge advancements we’ve made in modernizing our reporting systems.”

During the early part of the pandemic, Florida released inaccurate and incomplete data, and was slow in releasing it, potentially depriving the public of accurate information about COVID and the dangers of the disease in the state, a state report released Monday found. Miami Herald 

“With aid stalled, the White House says it has to shift funds from testing to buy more vaccines and treatments.” via Noah Weiland of The New York Times — Roughly $10 billion from Department of Health and Human Services funds will be rerouted, around half to purchase vaccines for Americans ahead of a possible fall or winter wave of virus cases, when an updated shot may be needed, according to one White House official. The other half will go primarily to buy 10 million courses of Paxlovid, the antiviral treatment made by Pfizer that has been shown to substantially reduce the severity of COVID-19 in high-risk people, the official said. Around $300 million will be for monoclonal antibody treatments. A White House official added that the total amount needed for a new vaccination campaign later this year is still unknown because contract negotiations are ongoing.

“Appeals court denies USF ‘sovereign immunity’ motion to dismiss COVID-19 fees lawsuit” via Kelly Hayes of Florida Politics — 2nd District Court of Appeals Judge Darryl Casanueva ruled to continue hearing a class-action lawsuit filed by a University of South Florida (USF) student against the school for failing to offer partial tuition refunds to students after canceling in-person classes because of COVID-19.

Casanueva declined the state’s motion to dismiss the suit on the grounds of sovereign immunity, allowing the lawsuit to continue.

“When the state enters into a contract authorized by general law, the defense of sovereign immunity will not shield it from litigation,” the ruling states.

Casanueva noted that the “terms and conditions” of the student registration agreement contained “a promise by USF to provide any specific services in exchange for the fees it charged students.” And, when the Legislature authorizes a state entity to enter into a contract, “it clearly intends that the contract be valid and binding on both parties.”

While the decision does not supply a verdict on the case itself, it could lead the state to use a different defense.

Business Issues …

The high — and getting higher — cost of living in Florida - Gasoline. Groceries. Rent. Insurance. It has been getting more expensive to live in Florida — a lot more expensive. Overall, prices for all kinds of things are up almost nine percent from a year ago. Paychecks are not keeping up with the price hikes. Inflation is here , and it is squeezing Floridians, especially seniors — a huge population in this state. It particularly hurts lower - income Floridians and retirees reliant on Social Security checks. And it will likely play a role in elections later this year. [Source: WUWF]

Florida cities top list of largest U.S. rent increases - Another dismal distinction for the Sunshine State is that eight of the most expensive rental markets in the country are right here in Florida. According to a joint study by Florida Atlantic University, Florida Gulf Coast University and the University of Alabama, renters in Fort Myers have been hit particularly hard. The average rent there in April was $2,073, up 32.38 percent from April 2021, which is the nation’s largest increase. In terms of the largest premium paid by renters, Metro Miami, which includes Miami-Dade, Broward and Palm Beach counties, remains the most overvalued market. [Source: WPLG]

Florida jobless claims remain low amid headwinds - Despite concerns about inflation and other global economic pressures, Florida continues to see relatively few new unemployment claims. Florida had an estimated 5,393 first-time jobless claims last week, up from a revised count of 3,698 during the week that ended May 28, according to a U.S. Department of Labor report issued Thursday. Those numbers are similar to the pace of unemployment claims before the COVID-19 pandemic caused massive economic damage in 2020. [Source: News Service of Florida]

After setting record, when will Florida gas prices drop? - The price of gasoline is breaking records again. The average cost for a gallon of regular unleaded fuel in the Tampa Bay area and Florida reached a new height on Monday at $4.76, according to data from AAA The Auto Club Group. Experts warn that it could reach $5 this summer. “Right now, gas prices appear to be on an upward trajectory with very few options for relief,” said AAA Florida spokesperson Mark Jenkins. [Source: Tampa Bay Times]

Campaigns and Elections …

Everything you need to know to vote by mail in Florida - More Floridians than ever before are voting by mail. In 2020, more than 4.8 million Floridians voted by mail, 2 million more than the number of people who voted in 2018 and in 2016. While the pandemic was a factor in the number of people opting to mail in a ballot instead of showing up in person, usage of the vote-by-mail option in Florida has been growing over the past decade. [Source: Click Orlando]

Taddeo Drops Out of Gov's Race, Will Seek Seat in Congress - Democrat Annette Taddeo is quitting the governor's race and said Monday she will instead run for Congress. The state senator from Miami will seek to unseat incumbent Republican U.S. Rep. Maria Elvira Salazar in the race for the new 27th Congressional District. Taddeo's departure from the Democratic primary race for governor leaves former Gov. Charlie Crist, now in Congress, and Agriculture Commissioner Nikki Fried as the main contenders in the race for the party's nomination to challenge Gov. Ron DeSantis later this year. Taddeo was behind her rivals in name recognition and polling and struggled to keep up with them in fundraising. But she told news outlets she was also motivated by recent mass shootings, which she said can be addressed by Congress. CBS Miami / Florida Politics / Politico / The Hill / Miami Herald / USA Today Network

Charlie Crist on a roll with another $1M+ fundraising month — The Crist campaign is announcing a May fundraising haul of over $1 million raised — for the third consecutive month — in the race to unseat Gov. Ron DeSantis. The new haul brings the campaign to more than $10 million raised this cycle, with over $6.3 million cash on hand. “Now more than ever, Floridians are ready to put an end to the division and hurt Gov. DeSantis has brought to our communities,” Crist said. “We are building a hopeful and optimistic movement that will work tirelessly to bring Florida together and win this election for the people in November.”

“DeSantis wants taxpayer help for campaign despite huge cash advantage” via Gary Fineout of POLITICO — DeSantis, despite raising nearly $113 million so far for his re-election campaign, plans to ask for matching funds from the state’s taxpayers. DeSantis, who received more than $3.2 million in public money during his first run four years ago, filed the official request asking for the money on Thursday along with other paperwork needed to qualify for the ballot. Candidates for Governor and for the three other state elected offices are eligible for matching money.

“‘I don’t do straw polls’: DeSantis deflects 2024 buzz” via A.G. Gancarski of Florida Politics — DeSantis has outperformed Donald Trump in several informal surveys at various events in recent weeks. It's led to an increasing number of stories on a seemingly trending phenomenon. But DeSantis sidesteps the question: “I don’t do straw polls. They just put my name into these things, you know? It’s just, like, so what am I supposed to do? Like they sell merchandise and everything. I kind of would like to get royalties on that.” DeSantis continues showing a national reach as a potential alternative to the former President. Last weekend, the Western Conservative Summit 2024 straw poll in Colorado saw 71% approval for a DeSantis run, four points ahead of Trump. No other candidate drew even 30% support, suggesting that DeSantis continues to consolidate the “anybody but Trump” lane.

“Crist asks federal government to safeguard Florida’s voting rights” via Romy Ellenbogen of the Tampa Bay Times — U.S. Rep. Crist on Friday sent a letter to the U.S. Attorney General asking for the resources of the Department of Justice to help ensure Floridians’ voting rights are protected in the upcoming elections. In the letter to Attorney General Merrick Garland, Crist wrote that Florida’s laws have disenfranchised citizens and created a “hostility” around the constitutional right to vote. “America has come a long way from poll taxes, literacy tests, and open intimidation and suppression of minority groups,” Crist said. “But in the Sunshine State, what were whispers of Jim Crow-era voter suppression have become a foreboding roar.”

“Nikki Fried asks feds to monitor Florida election activities” via Scott Powers of Florida Politics — Charging DeSantis and Republican leaders are attempting to “circumvent or override democratic norms,” Fried is asking the federal government to watch Florida’s election activities. In a letter she sent Monday to Kristen Clarke, Assistant U.S. Attorney General for Civil Rights, Fried called for the Department of Justice to closely monitor election-related actions of Florida officials and “take appropriate federal action if necessary.” In doing so, Fried voiced a preemptive concern for the integrity of the General Election, which may have her contesting DeSantis.

“Al Lawson to challenge Neal Dunn in new North Florida district” via Renzo Downey of Florida Politics — Two North Florida Congressmen will likely face off in November after DeSantis shifted the region’s battle lines. U.S. Rep. Lawson will challenge U.S. Rep. Dunn in Florida’s 2nd Congressional District. Lawson’s announcement came Thursday, a week to the day after the Florida Supreme Court declined to hear a challenge to the state’s new congressional map before the Midterms. “They feel like they need a fighter for them in North Florida because a lot of time they feel like they get overlooked,” Lawson said.

Clay, Nassau Sheriffs endorse Aaron Bean — Clay County Sheriff Michelle Cook and Nassau County Sheriff Bill Leeper have endorsed Sen. Aaron Bean in the race for Florida’s 4th Congressional District, citing his record of supporting law enforcement. “Aaron Bean will be a strong voice for law enforcement in Washington. He has been a tested and trusted leader throughout his career, and l know we can count on him to fight for our values. Aaron proudly ‘backs the blue’ — and I’m thrilled to back him in his run for Congress,” Cook said. Leeper added, “The brave men and women who put on the uniform every day and put their lives at risk to save the lives of their neighbors deserve our unwavering respect, and I know Aaron Bean understands this.”

“Internal poll shows Randolph Bracy is clear front-runner in crowded CD 10 contest” via Scott Powers of Florida Politics — A new poll commissioned by Democratic Sen. Bracy shows he is the clear front-runner in Florida’s 10th Congressional District. The polling, done by Impact Research of Maryland, a top political research firm in the country for Democrats, including Biden, finds the Ocoee Democrat has strong name recognition and is well-liked among voters. Straight up, 29% of likely Democratic Primary Election voters in the new CD 10 said they would vote for Bracy. He easily leads activist Maxwell Alejandro Frost, who has had robust fundraising and has attracted numerous endorsements, yet drew just 9%; civil rights lawyer Natalie Jackson, favored by 5%; the Rev. Terence Gray, 2%; and Jeff Boone and Teresa Tachon, who each got 1%.

“Dennis Ross drops out of CD 15 race” via Jacob Ogles of Florida Politics — Former U.S. Rep. Ross bowed out of a race to return to Congress. “After much thought, deliberation and prayer, I have decided to withdraw my candidacy,” Ross said. “I firmly believe that I am the most qualified candidate in this eight-person race, and I had been looking forward to running a very positive, issue-oriented campaign. However, with limited resources and a crowded field of candidates, I have decided to discontinue my efforts.” The move came months after Ross said he wanted to return to Washington. A new congressional map designed by DeSantis appeared to spur on his determination, with an open Florida’s 15th Congressional District covering a significant portion of land Ross represented during his last stint in Congress.

“Simpson endorses Kelli Stargel’s run for CD 15 seat” via Jacob Ogles of Florida Politics — Senate President Simpson said part of his team belongs in Congress. He endorsed state Sen. Stargel in her bid in Florida’s 15th Congressional District. “Kelli Stargel has been a conservative hero, standing up for our values and leading the fight to protect the unborn,” Simpson said. “Kelli has taken on Democrats in Tallahassee to protect girls’ sports, keep gender ideology out of our classrooms and stood firm when ideologues attacked parents’ rights to make decisions for their children.” He directly referenced her sponsorship of legislation restricting transgender female athletes from competing in women’s scholastic sports in Florida.

“Florida Planned Parenthood endorses Lauren Book in SD 35” via Ryan Nicol of Florida Politics — The Florida Planned Parenthood PAC is endorsing Senate Democratic Leader Book as she faces a Primary challenge in the SD 35 contest. The endorsement by Florida Planned Parenthood follows a March endorsement from Ruth’s List Florida, an organization that backs Democratic women candidates who support abortion rights. “In her efforts to stop Florida’s abortion ban from passing, Sen. Book displayed courage and commitment rarely seen in the political process,” said Laura Goodhue, director of the Florida Planned Parenthood PAC, announcing the group’s endorsement. Former Broward County Commissioner Barbara Sharief has decided to mount a Primary challenge against Book, despite Book’s position as the leader of the Senate Democrats.

Sen. Audrey Gibson plans to enter the race for Jacksonville mayor on Tuesday, Florida Politics reported. Florida Politics 

Sen. George Gainer announced he won't seek re-election. Florida Politics

Rep. Jay Trumbull, the Panama City Republican who chaired the House Appropriations Committee, announced Tuesday he will run for the Panhandle state Senate District 2 seat being vacated by Sen. George Gainer, and quickly picked up the endorsement of Gov. Ron DeSantis. Trumbull was term limited and couldn't seek another term in the House this year. WJHG / Florida Politics / The Capitolist

Miscellaneous …

Christina Pushaw, the spokeswoman for Gov. Ron DeSantis, has retroactively registered as a foreign agent for work she did for a former president of the country of Georgia between 2018 and 2020. She was notified recently that federal registration for the work was likely required and was allowed to do it belatedly. Washington Post / NBC / USA Today Network / Fox News