Legislative Update - January 6, 2023

Gov. Ron DeSantis was sworn into his second term Tuesday, delivering a speech that included a handful of policy goals alongside a heaping helping of fiery rhetoric.

The Republican, widely expected to run for President next year, hit many of the “Free State of Florida” talking points that defined the pandemic portion of his first term, when he catapulted into the national spotlight.

“So many states in the country grinded their citizens down,” he said during the 16-minute speech. “Here in Florida, we lifted our people up.”

He added, “We choose to navigate the boisterous sea of liberty rather than cower in the calm docks of despotism. We face attacks. We take hits. But we weather the storms.”

While there was red meat aplenty, the second-term Republican’s address did offer some insights into his policy goals.

Tax cuts were at the top of the list, with the Governor saying they would be aimed at providing relief “particularly for Florida families who are grappling with inflation.” In his first term, DeSantis approved broad-based tax cuts mostly in the form of sales tax holidays.

On education, the Governor presaged further strengthening “parents’ rights.” DeSantis’ efforts in that arena have been highly controversial, with the 2022 “Parental Rights in Education” law drawing national criticism and being referred to as “Don’t Say Gay” by its opponents.

In addition to DeSantis, Attorney General Ashley Moody and Chief Financial Officer Jimmy Patronis were sworn into their second terms. They were joined by fellow Republican Wilton Simpson, who succeeds Nikki Fried as Agriculture Commissioner.

Governor … 

DeSantis' Second Inauguration Scheduled for Today - Gov. Ron DeSantis is set to be sworn in for his second term as Florida's 46th governor on Tuesday. DeSantis will take the oath of office for his second four year term at 11 a.m. Eastern time in Tallahassee. Lt. Gov. Jeanette Nuñez will also be sworn in for another term. A private reception will follow the second inauguration, with a dinner scheduled for this evening. Last month, a list of ticket packages starting in the thousands and increasing to $1 million was made available to donors. The top-dollar donors were offered perks, including tickets to the reception hosted by First Lady Casey DeSantis following the inauguration and the dinner. The general public was invited to the governor's 2023 main inauguration event as long as they registered beforehand. Although no parade is scheduled, the theme of the inauguration is the same as DeSantis' re-election campaign: "The Free State of Florida." The inaugural committee has not yet disclosed certain details that were made available to the public four years ago, such as a list of donors and the amount of contributions. Tampa Bay Times-Miami Herald / Business Insider / USA Today Network / LobbyTools Calendar

The political world will be watching Tallahassee today as Republican Gov. Ron DeSantis prepares to kick off his second term, Business Insider reports

DeSantis Sworn in for Second Term, Touts Florida as Different from Rest of Country - Gov. Ron DeSantis was sworn in for a second term Tuesday DeSantis, 44, took the oath of office shortly before noon on the steps of the Florida Capitol. In a short inaugural address, the governor described Florida as the "promised land of sanity" in comparison to other places around the country, setting the state as different from others, and from the nation as a whole. "When other states consigned their people's freedom to the dustbin, Florida stood strongly as freedom's linchpin," the governor said. DeSantis was vague on particular policy issues, largely relying on buzzwords such as in a promise to oppose "wokeness." One specific proposal the governor did tout was lower taxes. "Florida has accumulated a record budget surplus, and we need to enact a record amount of tax relief, particularly for Florida families who are grappling with inflation," he said. Tampa Bay Times-Miami Herald / Orlando Sentinel / USA Today Network / Associated Press / Florida Politics / Wall Street Journal / CBS News / Video (TB Times YouTube) / C-Span

“In second-term inauguration, Ron DeSantis doubles down on 'Free State of Florida' theme” via Kimberly Leonard and Warren Rojas of Business Insider — The Governor will take the oath of office on the steps of the Historic Capitol on Tuesday at noon, and several other events will be scattered in Florida's capital over two days.

Eagle-eyed viewers will be closely watching for signs of DeSantis' national ambitions.

Text of Gov. Ron DeSantis' prepared inaugural remarks. Governor's Office

“Is Florida No. 1? Fact-checking Ron DeSantis' inauguration speech superlatives” via James Call of the Tallahassee Democrat — DeSantis declared Florida a national leader in more than a half dozen categories after he was sworn into office for a second term Tuesday. In a speech that many are viewing as a preview of a presidential run, DeSantis said that in the past four years, Florida has “lifted people up” in their pursuit of business opportunities, a college degree, and the education of their children, while “so many states in our country grinded their citizens down.” However, surveys by think tanks, government agencies, and consumer groups do not always match DeSantis’ description of Florida as a leader in all the metrics mentioned.

Gov. Ron DeSantis extended a state of emergency declaration for 60 days as recovery efforts continue following Hurricane Nicole. The Category 1 storm made landfall in November near Vero Beach and traveled up the state, crossing over central Florida and hitting part of the Panhandle near Tallahassee. The executive order, which covers all 67 counties in Florida, frees up state funding sources and makes other resources and support available as multiple regions continue to recover.

“Ron DeSantis administration surveying for CRT, DEI in Florida higher education” via Renzo Downey of Florida Politics — DeSantis leans into his second term and the upcoming 2023 Legislative Session, his administration is asking state colleges and universities to compile a list of programs and campus activities relating to diversity, equity and inclusion (DEI) and critical race theory (CRT).

The Chronicle of Higher Education was the first to report Tuesday — the first day of the Republican Governor’s second term — that the DeSantis administration had begun compiling a list of courses on diversity. The Governor’s Press Secretary, Bryan Griffin, confirmed the report Wednesday afternoon.

Other States Expected to Follow Florida, Texas, WV on Anti-ESG Push - Florida's DeSantis Administration was a leader in the pushback against considering environmental, social or governance-related issues, or ESG, in investing state money in 2022. Other states are expected to follow in the coming year. Some investment managers have pursued investments with an eye on companies taking particular social positions – though most investment managers pursuing such a strategy say it's not political, but aimed at following the market and making more money for investors. Reuters 

“Who’s the boss? Some agencies have no secretaries as DeSantis begins second term” via Christine Jordan Sexton of Florida Politics — Several departments, including the agency that oversees Florida’s nearly $40 billion Medicaid program, had leaders step down between DeSantis’ re-election and the start of the year. Some departures appear voluntary, but there also seems to have been a push to change the leadership of one or two agencies. The Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Economic Opportunity, and the Department of Highway Safety and Motor Vehicles are without announced leaders. The post of Insurance Commissioner, which oversees the state’s Office of Insurance Regulation, is also vacant.

“DeSantis hails Cord Byrd return as Secretary of State” via Florida Politics — DeSantis announced last week that he will retain Byrd as Secretary of State as he begins his second term. Byrd, who had previously served for more than two terms as a state lawmaker representing Duval and Nassau Counties, was appointed ahead of the 2022 election, which was a blowout win for Republicans in Florida against overmatched Democratic opposition. “Secretary Byrd has done an excellent job ensuring Florida has fair and secure elections. It is my pleasure to have him return as Secretary of State for another term,” DeSantis tweeted.

“DeSantis’ culture wars grabbed headlines — and legal challenges that cost $17 million” via Mary Ellen Klas of the Miami Herald — DeSantis’ political strategy has won national attention for his ability to shrewdly select culture war issues and use a compliant Florida Legislature to advance them. But while the agenda has drawn more than 15 lawsuits, it has so far yielded few legal victories, and cost Florida taxpayers nearly $17 million in legal fees to date. In case after case, courts have scaled back, thrown out, or left in legal limbo rules and laws that impose restrictions on social media giants, limit voting, curb gender-related health care, influence speech in the workplace, college campuses and classrooms and create new crimes for peaceful protests.

“DeSantis aide — using alias ‘Clarice Starling’ — helped ex-client bid on migrant flights” via Nicholas Nehamas of the Miami Herald — A top aide to DeSantis used a private email address with the alias “Clarice Starling,” a reference to the Hannibal Lecter serial killer novels, to help his former client win a state contract to operate Florida’s controversial migrant flight program. The records suggest that Larry Keefe, DeSantis’ public safety czar, wrote some of the language that the private contractor, Vertol Systems Company, used in its bid proposal to fly migrants from Texas to Democratic states. Keefe, a former U.S. attorney under the Donald Trump administration, represented Vertol for many years in private practice. DeSantis appointed him last year as a top adviser with a portfolio that included combating illegal immigration.

Legislature …

Lawmakers will meet in committees later this week, though no proposed legislation is currently scheduled to be considered. The committees and subcommittees meeting in both the Senate and House on Wednesday and Thursday will mostly hear overviews of the committees' jurisdiction, and a few will hear presentations from agencies under their watch. Among the presentations are remarks by Kevin Guthrie, Director of the Florida Division of Emergency Management and Wesley Brooks, Florida's Chief Resiliency Officer to the Senate Select Committee on Resiliency on Wednesday.  

The Florida Senate and House have scheduled to hold committee meetings in mid-January as it continues preparing for the 2023 session. 

A Demographic and Political Breakdown of the New Legislature - While only just over a third of voters in the November election were registered Republicans, GOP lawmakers make up more than 70% of the state Legislature. Just under 6 in 10 lawmakers are men, two-thirds are white, and the number of Hispanic legislators as a proportion of the whole is less than the population at large, according to a newspaper's statistical demographic look at the state House and Senate. Daytona Beach News-Journal 

Drivers who frequently use Florida toll roads can now begin to tally credits for rebates as part of a program passed by lawmakers in a December special session, Florida Politics reports. 

Business Issues …

WORKERS’ COMP RATES DECREASE – An average 8.4 percent decrease in workers’ compensation insurance rates took effect on January 1.

Jobless Claims Down During Holidays - Unemployment claims in Florida decreased during the year-end holiday period. The U.S. Department of Labor on Thursday released a report that said an estimated 4,064 claims were filed in Florida during the week that ended Dec. 31, down from a revised count of 4,579 during the week that ended Dec. 24. The state averaged 5,641 claims during the previous four weeks. Jobless claims have traditionally slowed across the year-end holidays. Nationally, an estimated 204,000 jobless claims were filed last week, down 19,000 from the previous week and the lowest in 14 weeks. Florida had a November unemployment rate of 2.6 percent, representing 280,000 Floridians out of work from a labor force of 10.756 million. The state Department of Economic Opportunity will release December data on Jan. 20. For all of 2022, the state averaged 6,174 initial claims a week. That was down slightly from a weekly average of 6,229 in 2019, the last full year before the COVID-19 pandemic hit the economy, according to Department of Labor figures. The weekly averages jumped to 83,286 in 2020 and 14,039 in 2021.

“Florida’s November revenues soar $447M above estimates” via Gray Rohrer of Florida Politics — Florida’s red-hot revenue streak continued in November, as the state pulled in nearly $3.63 billion, or $447.2 million more than state economists predicted. That’s according to a monthly revenue report released by the Office of Economic and Demographic Research. Sales taxes made up the bulk of the average, as the $2.9 billion in sales taxes collected was $412.1 million over the estimates. The large haul is another sign Florida’s economy isn’t slowing despite persistent high inflation.

“Florida is the fastest-growing state in the nation, Census estimates show” via Ian Hodgson of the Tampa Bay Times — It’s not your imagination: People really are flocking to Florida. The Sunshine State had the fastest-growing population in the country last year, the first time the state has taken the top spot since 1957. The nation’s third-largest state grew by 1.9% from July 2021 to July 2022, netting over 400,000 new residents to reach an estimated population of 22,244,823. That’s the second-largest numeric gain behind Texas, which has a larger overall population.

Moving to Florida could save you on taxes — but cost more overall - Ample job opportunities — evidenced by one of the lowest unemployment rates in the nation — and the growth of remote work have made it possible for many Americans to move to the Sunshine State. Many have also been drawn there because it's one of nine states with no state income tax, which could potentially save them thousands of dollars per year. More from the Business Observer.

“FTC proposes banning noncompete clauses for workers” via Dave Michaels of The Wall Street Journal — The Federal Trade Commission issued a plan to ban noncompete clauses, a proposal that would allow workers to take jobs with rival companies or start competing businesses but raises the prospect of legal opposition from companies that say the practice has a legitimate purpose. The FTC said noncompete clauses constitute an exploitative practice that undermines a 109-year-old law prohibiting unfair methods of competition. Long associated with higher-paid managers, the clauses have also been imposed on lower-wage workers who lack access to trade secrets, strategic plans, and other reasons that could be cited for hampering job switchers, the agency says.

COVID …

What’s the COVID situation in the state and why are Florida hospitals full of patients? - Hospitals are filling up with patients across the country, including in Florida, where about 80% of hospital beds are in use, though COVID-19 isn’t making up the majority of hospitalizations in the state, federal data shows. While Florida has seen a steady increase in COVID-19 cases since late November, hospital officials say it isn’t like last year’s winter surge, when people packed test sites and COVID cases fueled by the more contagious omicron variant challenged an already strained healthcare system. [Source: Miami Herald]

UF Won't Challenge Surgeon General's Anti-COVID Vaccine Recommendation - University of Florida College of Medicine faculty alleged that state Surgeon General Joseph Ladapo violated university research integrity rules when he issued guidance on COVID-19 vaccinations, but a college official said the guidance was not affiliated with the university or its research, making the claim moot. In October, Ladapo directed the Department of Health to conduct an analysis of the relationship between the mRNA vaccine and cardiac-related incidents. The self-controlled case series, which hasn't been peer-reviewed, found men aged 18 to 39 have some increased risk of cardiac-related death within 28 days following mRNA vaccination. Ladapo, who is also a professor at the University of Florida's school of medicine, advised men in that age group not to get the shot. In a report conducted by the UF College of Medicine's Faculty Council Committee, Ladapo's colleagues said the analysis committed "reporting bias by cherry picking results; focusing only on evidence that supports his stance, ignoring contradicting evidence, and failing to appropriately acknowledge the limitations of his own data set." But in response, UF's Vice President for Research David Norton said the guidance was outside the scope of the university's Office of Research Integrity, Security & Compliance since Ladapo conducted the analysis while in his capacity as Surgeon General and not as a faculty member of the school. Tampa Bay Times / USA Today Network / Washington Post 

Elections & Campaigns …

“Republicans line up for House seat vacated by Joe Harding following indictment” via Fox 35 — The race to replace former state Rep. Joe Harding in a special election in Marion County’s House District 24 is getting crowded. Five Republicans, including former Rep. Charlie Stone have opened campaign accounts to run for the seat. Stone, who served in the House from 2012 to 2020. The latest candidate filing for the race was Lateresa Ann Jones, who opened an account Wednesday. Candidates filing paperwork earlier were Stephen Pyles, Ryan Chamberlin, and Jose Juarez. No Democratic candidates had opened accounts as of Friday morning.

Ormond Beach Republican Rep. Tom Leek, who has served in the House since 2016, has filed to run for Senate District 7 in the 2024 election. SD7 covers Flagler, Putnam and St. Johns counties, and part of Volusia County. The district is currently represented by Republican Sen. Travis Hutson who is unable to seek reelection due to term limits. Last session, Leek was chair of the House Redistricting Committee and this session will chair the House Appropriations Committee, and is the alternating chairman of the Joint Legislative Budget Commission. Leek, an attorney, won his House District 28 seat in November with more than 60% of the vote but is term limited. He is the first to file to run in SD7.Florida Politics

Can DeSantis Win Battle Against Business - Gov. Ron DeSantis' push against corporate "wokeness" dovetails with a general Republican shift toward populism and away from support of the business community. But as the governor continues to test presidential campaign waters, the question remains whether taking on major employers is a winning strategy. Bloomberg / Washington Post

Health ...

Ace health care reporter Christine Sexton chronicled the top 10 most important Florida health care stories of 2022.

DeSantis Touts $79 Million for Nursing Programs Amid Health Care Worker Shortage - Gov. Ron DeSantis awarded $79 million to multiple nursing programs across the state on Thursday. The funding comes from the Linking Industry to Nursing Education (LINE) grant program and the Prepping Institutions, Programs, Employers, and Learners through Incentives for Nursing Education (PIPELINE) grant fund. The most recent state budget included $100 million to create the programs, which aim to help teach the next generation of nurses and alleviate the ongoing health care worker shortage. The money provides matching funds for scholarships, faculty recruitment, equipment and additional educational support. The LINE fund is distributing a total of $19 million to 27 institutions throughout Florida. The PIPELINE program is awarding a total of $60 million, with $20 million of that going toward school districts with licensed practical nursing programs and $40 million going to Florida College System institutions. "These awards will meet a critical need of our state by ensuring we continue to have high-quality nursing graduates and by creating new opportunities for Floridians interested in healthcare," said the governor. "I am grateful to the colleges and universities who have gone above and beyond to train the next generation of nurses in our state." DeSantis Press Release

“DeSantis names interim Secretary at Agency for Health Care Administration” via Christine Jordan Sexton of Florida Politics — DeSantis named an interim Secretary and Chief of Staff for the Agency for Health Care Administration hours before the state was scheduled to publicly meet with the managed care plan organizations that want to take part in Florida’s upcoming Medicaid care procurement. A review of the state’s website shows Jason Weida was named interim Secretary and Brock Juarez Chief of Staff. The data book supplies relevant background information that managed care plans will want to have as they decide whether to compete to participate in the Medicaid managed care regions.

“DeSantis appoints Democrat Dave Kerner to captain FLHSMV” via Renzo Downey of Florida Politics — DeSantis has nominated former Palm Beach County Mayor Kerner as Executive Director of the Department of Highway Safety and Motor Vehicles (FLHSMV). Kerner, currently a County Commissioner, will serve as interim Executive Director until he is approved at the next Cabinet meeting Jan. 17. DeSantis also appointed Palm Beach County Republican Party Chair Michael Barnett as Kerner’s replacement on the Board of County Commissioners. That shifts the Palm Beach County Commission from having a 4-3 Democratic advantage to giving GOP members a 4-3 edge.

“DeSantis is reshaping Florida’s medical boards” via Christine Jordan Sexton of Florida Politics — DeSantis continues to reshape important medical boards that are a key component of his push to limit gender-affirming care, especially for minors. His latest appointments are drawing fire from critics who contend the new appointees are being put in place to keep pushing ahead with a “transphobic” agenda. DeSantis this week appointed two doctors to the Board of Medicine, both of whom have weighed in on the debate over the types of treatment offered to minors. DeSantis appointed Gregory Coffman, a pediatrician at Orlando Health Physician Associates, and Matthew Benson, a pediatric endocrinologist at Nemours Children’s Health to the Board of Medicine.

Legislation (HB 117) filed Wednesday by West Palm Beach Democrat Rep. David Silvers would allow genetic counselors to provide health care services via telehealth. Genetic counselors assess patients' risk for a variety of inherited conditions. 

Staffing Main Issue in State Veterans Nursing Homes - Members of the Senate Military and Veterans Affairs, Space, and Domestic Security Committee got an update from Florida Department of Veterans' Affairs Deputy Executive Director Bob Asztalos on the state's veterans nursing homes on Wednesday. Asztalos told the panel the facilities have capacity to accommodate most veterans waiting for a nursing home bed but the ongoing health care worker shortage is an issue. During the peak of the COVID-19 pandemic in 2020, only about 60% of beds were filled in the nursing homes. Currently, after the agency was allocated $5.6 million to increase staff pay, the facilities are now at about 80% capacity and growing. "We're hoping that we're going to get our buildings back to full by the end of this fiscal year," said Asztalos. Additionally, Asztalos told senators that two new nursing homes are opening soon and two others are expected to open over the next five to seven years. Asztalos is hoping the facilities can expand care and offer other services such as rehabilitation, community-based care and rooms that can accommodate additional family members. Florida has roughly 24,000 World War II veterans, 93,000 Korean War veterans and nearly half a million Vietnam War veterans, according to Asztalos. "This is why we need our state veterans nursing homes. This is why we are traditionally full and need to continue building them," said Aszatalos. Florida Politics / Florida Channel Video 

“Surgeon General used ‘flawed’ vaccine science, faculty peers say” via Jack Stripling of The Washington Post — Joseph Ladapo, a professor of medicine at the University of Florida and the state’s Surgeon General, relied upon a flawed analysis and may have violated university research integrity rules when he issued guidance last fall discouraging young men from receiving common coronavirus vaccines. In its new report, a task force of the University of Florida College of Medicine’s Faculty Council cites numerous deficiencies in the analysis Ladapo used to justify his vaccine recommendation. A summary said the work was “seriously flawed.” The report’s authors say Ladapo engaged in “careless, irregular, or contentious research practices.”

“BayCare acquires Tampa mental health center, plans more services” via Sam Ogozalek of the Tampa Bay Times — BayCare Health System has acquired a major behavioral health center in Tampa and plans to expand its services, hospital leaders announced this week. Effective Jan. 1, BayCare assumed ownership of the nonprofit Northside Behavioral Health Center. The center provides counseling to low-income individuals and operates two group homes and a 20-bed crisis stabilization unit, among other programs. BayCare, a 15-hospital health care system, previously managed the center for seven years.