Legislative Update - October 21, 2022

Southwest Florida is still cleaning up after Hurricane Ian.  Yesterday, Governor DeSantis announced that he plans to call a special session in December to address property taxes and property insurance. 

AHCA is asking the legislature for more money for health care workers.

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

Governor …

“Gov. Ron DeSantis delays property tax payments for Ian victims; wants Special Session” via Gray Rohrer of Florida Politics — “The last thing we want is someone loses their home and then they get hit up for property taxes for a home that doesn’t exist anymore,” DeSantis said during an event in Fort Myers Beach.

The executive order will delay payments on property taxes for both residential homes and commercial properties in the 26 counties approved by the Federal Emergency Management Agency for individual assistance: Brevard, Charlotte, Collier, DeSoto, Flagler, Glades, Hardee, Hendry, Highlands, Hillsborough, Lake, Lee, Manatee, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns and Volusia.

It’s designed for people who saw major damage to their home, with the ultimate goal of removing the tax burden for this year altogether. DeSantis noted he doesn’t have the authority to completely eliminate the taxes but will call a Special Session later this year to provide property tax rebates for homeowners and business owners.

That Special Session will likely include more than just the rebates. DeSantis said the state, flush with $17 billion in reserves, could provide local governments in Southwest Florida that will see a hit to their budgets because of the lack of property taxes with funding for essential services.

Another potential item on the Special Session agenda is reforming property insurance laws to prop up the market in Florida, which saw six companies go bankrupt even before Ian hit. Initial data from the Office of Insurance Regulation shows insured losses are estimated at $6.45 billion, based on claims as of Wednesday.

Fentrice Driskell reacts to Special Session call — After DeSantis called for another Special Session on property insurance, House Democratic Leader-designate Driskell said the current market crisis is a result of GOP lawmakers brushing off warning signs and focusing on “culture war” issues. “We should have worked to solve this problem during the last Legislative Session, or the Special Session afterward, but instead the problem was ignored while companies folded or stopped writing policies in Florida,” the Tampa Democrat said. “ … We’re glad Gov. DeSantis is finally on board with what Florida Democrats have been saying the whole time: our property insurance market is in crisis and Floridians are suffering. I’m just sorry it took a hurricane to get him to act.”

DeSantis to Push for Changes to Death Penalty - Gov. Ron DeSantis said Saturday he will seek a change to Florida's death penalty following a decision by a jury last week to instead sentence the shooter in the Marjory Stoneman Douglas High School massacre to life in prison. In such a case, execution is the only appropriate punishment, the governor said. On Friday, DeSantis said the law works too hard to protect the guilty. "We need to do some reforms to be better serving victims of crimes and the families of victims of crimes and not always bend over backwards to do everything we need to for the perpetrators of crimes," DeSantis said. He also said the process takes too long to get from arrest to sentencing, and that it needs to be speeded up. Florida Phoenix / Sun-Sentinel / Associated Press / Florida Politics / WFTV / WPLG (Video)   

DeSantis Spokeswoman: Migrant Relocation Program Ongoing - The administration of Gov. Ron DeSantis has plans to continue flying migrants who entered the country illegally to cities and states run by Democrats, a spokeswoman said over the weekend. "The immigration relocation program remains active," spokeswoman Taryn Fenske told The Associated Press on Saturday. Records released late last week showed the state paid nearly $1 million to arrange two sets of flights to Delaware and Illinois that were originally scheduled for early October, but now could occur any time before Dec. 1. Florida has already paid to send several Venezuelan migrants from Texas to Martha's Vineyard in Massachusetts. Associated Press

Related: Newly released documents show DeSantis Administration officials were directly involved in the state effort to relocate migrants to Massachusetts. Politico

“DeSantis administration agrees to release Martha's Vineyard records by December” via Gary Fineout of POLITICO — DeSantis’ administration this week pushed back against a lawsuit seeking the immediate release of all records related to the flights of migrants from Texas to Massachusetts but agreed to provide them no later than Dec. 1. Lawyers for DeSantis filed a nine-page response to a demand from the open government group Florida Center for Government Accountability for records, including phone and text logs from DeSantis’ chief of staff, James Uthmeier, as well as any communication between Florida and Texas officials. The DeSantis administration said it has received more than 90 public records requests related to the flights and has a backlog of 245 overall requests that it is currently processing.

Hurricane …

“Operation Blue Roof deadline extended through Nov. 1” via the Port Charlotte Sun — For homeowners in Charlotte, DeSoto, Sarasota, Lee and Collier counties, the last day residents can apply for Operation Blue Roof has been extended to Nov. 1. The program is a free service that provides homeowners with a temporary solution to protect property and allows residents to remain in their home as they continue to recover from Hurricane Ian. Those affected by the hurricane can sign up at blueroof.us or by calling toll-free 1-888-766-3258. People can also stop at one of many in-person sign-up locations, which can be found on the Blue Roof website. Operation Blue Roof is managed by the U.S. Army Corps of Engineers for the Federal Emergency Management Agency (FEMA).

“'We do not need them to call': Debris collection double pace that followed Irma in 2017” via Gary White of The Lakeland Ledger — Three weeks after Hurricane Ian struck, the brown hedges of dried tree matter remain in place along many streets throughout Polk County. For residents growing frustrated, county officials offer assurances that crews are working diligently to collect the hurricane. And calling the county or the city, will not speed up the process. As of Monday evening, contractors hired by Polk County had collected 75,000 tons of botanical waste created by the winds of Hurricane Ian, the county said in an update released Tuesday. That translates to trucks carrying off 6,745 loads of debris.

Insurers Can Cover Ian Losses, but More Public Money May Be Needed for Next Storm Season

Domestic insurance companies have readjusted estimates of damage from Hurricane Ian downward and say losses will be within companies' abilities to pay claims out of surpluses and reinsurance. But industry experts say that the Legislature may need to take more action to shore up the industry before the 2023 hurricane season, possibly by making more public funding available to ensure companies can maintain required funding levels. Sun-Sentinel

Related: Universal Property and Casualty, the state's second-largest property insurer, expects total losses from Hurricane Ian to be about $1 billion, well below its $3 billion reinsurance coverage. Insurance Journal

“Florida teachers could lose licenses for defying ‘Don’t Say Gay,’ ‘anti-woke’ laws” via Leslie Postal of the Orlando Sentinel — Florida adopted a trio of education rules Wednesday that carry out its new culture war laws, including one that threatens public schoolteachers with the loss of state certification if they violate requirements of the state’s so-called “Don’t Say Gay” and “anti-woke” legislation. More than 50 people spoke at the State Board of Education meeting held at an Orlando hotel, both to denounce and applaud the new rules, all of which were adopted. The laws were approved earlier this year by the Republican-dominated Legislature and then signed by DeSantis, who pushed for their passage. The seven members of the Board are all appointees of DeSantis or his Republican predecessor.

Health Care …

AHCA Seeks Higher Pay to Bolster Workforce - State health officials want to increase lawyers' pay in an effort to attract and retain attorneys. The Agency for Health Care Administration noted in its Legislative Budget Request for the 2022-23 fiscal year that entry level attorneys who work for the department earn around $11,000 less on average than similar roles and senior attorneys make nearly $20,000 less than the average salary for the position. Since 2016, 58 lawyers have left AHCA, leaving the agency's Office of the General Counsel with 13 unfilled positions. The agency also wants to get rid of a few administrative positions in the General Counsel's Medicaid Fair Hearing Unit and reallocate those wages to hire more senior attorneys to serve as Medicaid fair hearing officers. The Medicaid Fair Hearings Unit currently only has three hearing officers on board and six open positions. The officers are tasked with reviewing complaints from Medicaid beneficiaries and Medicaid recipient requests to change health plans. Additionally, AHCA is asking for more funding to increase wages for other positions, including registered nurse specialists and financial analysts. Florida Politics / LobbyTools Agency Budget Page

“Department of Health wants to expand maternal telehealth, school health programs” via Christine Jordan of Florida Politics — A telehealth program to improve maternal outcomes among ethnic and minority populations in Orange and Duval counties could be expanded if state Surgeon General Joseph Ladapo has his way. So could school-based health programs. The Florida Department of Health released a Fiscal Year 2023-24 legislative budget request this week that increases public health spending by tens of millions of dollars. The budget includes a $12.6 million infusion to expand to another 18 counties a program aiming to eliminate racial and ethnic disparities in maternal morbidity and other maternal outcomes.

“FDA chief on Joseph Ladapo’s vaccine advice, ‘losing the battle’ against misinformation” via Caroline Catherman of the Orlando Sentinel — In the aftermath of Florida’s recommendation against mRNA COVID-19 vaccines for men 18-39, FDA Commissioner Robert Califf is calling attention to the impact of vaccine hesitancy and misinformation as it relates to health care, particularly in the southern U.S. “The health care system is losing the battle [against misinformation],” Califf said. While Califf wouldn’t label as misinformation Florida Surgeon General Ladapo’s recommendation against mRNA vaccines issued on Oct. 7, he did say it seemed flawed. Ladapo shared an analysis by the Florida Department of Health that he claimed found an increase in cardiac-related deaths among men 18 to 39 in the month after mRNA vaccination.

Criticizing Florida Surgeon General Joseph Ladapo for promoting a vaccine study that he said lacked "quality of analysis," FDA Commissioner Robert Califf said health officials are losing the battle against misinformation. Orlando Sentinel

“Gov. DeSantis again vows no children’s COVID-19 vax mandate in Florida” via A.G. Gancarski of Florida Politics — DeSantis rebuked the latest guidance from a panel of the Centers for Disease Control and Prevention, which recommends that coronavirus vaccines be added to the Vaccines for Children program. The CDC lacks the power to require vaccines for school children. Yet for an aggrieved DeSantis, the CDC even “potentially” considering such an addition was a step in the wrong direction. “I know a lot of parents are concerned about that, because if that's on the immunization schedule, then the fear is that schools could potentially mandate your child to get a COVID shot even if that's something you don't want to do,” DeSantis said. “As long as I'm kicking and screaming, there will be no COVID shot mandates for your kids. That is your decision to make as a parent.”

Floods Increase Bacterial Infection Cases - Hurricane Ian flood waters have caused vibrio vulnificus cases to rise in Florida, according to the Department of Health. The flesh-eating bacteria has been reported in 65 people so far this year, with 11 fatalities. In 2021, there were only 34 cases and 10 deaths in the state. Areas hit hardest by the category 4 storm, such as Lee County, account for 45% of infections. "Flood waters and standing waters following a hurricane pose many risks, including infectious diseases such as vibrio vulnificus," said the agency. The potentially deadly bacteria is commonly found in warm seawater and health officials are warning residents to stay dry, wash their hands often and seek medical attention if they experience an infection that could have been caused by the disease. Associated Press

Volunteers are being sought for a new vaccine trial that aims to protect those 50 and older from pneumonia and meningitis. Although the trial is international, drugmaker Merck will offer sites in Florida for those interested in testing the shot out. Federal health officials advise young children, adults over 64 and immunocompromised individuals to get the pneumococcal vaccine. WUSF

Campaigns and Elections …

Florida Best in Early Voting; More than 800K Have Already Cast Ballots - More than 800,000 Florida voters had already cast ballots in the midterm election by Wednesday morning, the highest level of early voting participation in the country. The United States Election Project, a website compiled by University of Florida professor Michael McDonald, says 837,948 people had voted in Florida by Wednesday morning. More than 40% of the ballots have been returned by Republicans and about 38% were cast by Democrats. Florida Phoenix

“Charlie Crist Campaign Manager out 20 days before election” via Florida Politics — Veteran staffer and Campaign Manager Durrer is leaving Crist’s gubernatorial campaign with less than three weeks left before Election Day, and as Florida voters are already submitting vote-by-mail ballots. Throop, who guided Crist’s earlier congressional campaigns and has been running day-to-day operations for his gubernatorial bid, is taking the helm. “Austin Durrer has departed the campaign to focus on a family matter,” campaign spokesperson Ramirez said. Though the campaign faces long odds, the campaign insists Durrer’s departure has nothing to do with the state of the campaign.

DeSantis Dominates in Campaign Funding - Gov. Ron DeSantis had about $102 million in available cash in his political committee and campaign account as of Oct. 7, dwarfing the amount available to Democratic challenger Charlie Crist, who had under $3 million in cash on hand in his political committee and campaign accounts. City & State Florida

Gov. Ron DeSantis returned to campaigning for re-election over the weekend after time off to respond to Hurricane Ian. DeSantis held a rally in Broward County. Sun-Sentinel  

First Lady Jill Biden campaigned with Democratic gubernatorial candidate Charlie Crist and U.S. Senate candidate Val Demings in Orlando over the weekend. Orlando Sentinel

President Joe Biden will be in South Florida a week before Election Day to raise money for Charlie Crist. Miami Herald / Florida Politics