Legislative Update - August 4, 2023

First, the bad news … Florida is seeing a COVID uptick.  There has been an increase in number of cases began immediately after the Fourth of July and has risen each week since.  And Florida has seen a leprosy case increase as well with about 20% of cases in the nation are found in Central Florida.

Now for some good news … Florida general revenue collections for June were $432.4 million, or 10.2%, higher than an earlier estimate!

Here are some articles about issues facing Florida this week …

COVID-19 cases are back on the rise in Florida, with a 51% increase in new cases totaling 9,942 infections during the week of July 14-20, according to the state Department of Health. Duval County alone saw a 32% surge in new cases over the past month, but hospitalizations have not spiked, meaning the infections are less severe. There is also a similar national trend of increasing cases after steady declines for months. Health experts hope the impact will be minimal due to built-up immunities in the population. Although the effectiveness of current vaccines may be waning, a new vaccine is expected to be approved in the fall. WJCT / WTSP

Leprosy cases have been increasing in Florida, according to a new analysis published in the Centers for Disease Control and Prevention's Emerging Infectious Diseases journal, though cases are still extremely rare. About 20% of the cases reported in the nation are being seen in Central Florida. ABC News / Fox News / Orlando Sentinel

“Floridians are seeing more of Lt. Gov. Jeanette Nuñez while DeSantis is on the presidential campaign trail” via Victoria De Cardenas of WEAR News — Since DeSantis announced his presidential run, many have asked what happens to Florida. The Governor has promised Florida would be taken care of while he campaigns across the country and one political expert says Floridians should keep an eye on Nuñez. “It’s a beautiful day to talk about the wonderful work that the Governor and I have been doing,” Nuñez said. Critics of the Governor have said he’s abandoning his home state, but political expert Craig Agranoff says having Nuñez in front of cameras bodes well for her political future.

Business issues …

State Revenues Continue to Exceed Expectations Despite Inflation - Florida general revenue collections for June were $432.4 million, or 10.2%, higher than an earlier estimate, according to state economists at the Office of Economic and Demographic Research. The monthly revenue report showed an increase in sales tax, with Florida garnering $293.4 million, or 11.1%, over the sales tax revenue estimate for the month. June collections reflect activity that largely occurred in May. The report notes that the consumer price index increased 3% over the year, and while it is still elevated, it is the smallest 12-month increase since the period ending March 2021. Economists believe the increased sales tax collections are partly a result of higher-priced items due to ongoing inflation. Although state revenues are currently up, economists predict collections will decline if inflation persists due to residents cutting back on purchasing and focusing on essential needs. "In this regard, the index for shelter was the largest monthly contributor to the increase, accounting for more than two thirds of the total increase in all items less food and energy, with prices for food at home increasing by 5.7 percent over the past 12 months," the report states. While ten of 17 revenue sources were positive to their latest projections, five came in negative for the month, including insurance taxes, corporate filing fees and beverage taxes. Additionally, recovery and rebuilding efforts associated with Hurricane Ian added $16.4 million to final liability for the month. EDR Monthly Revenue Report / EDR Detailed Revenue Report

Florida gas prices jump 20 cents in a week - It's not your imagination: Gas prices are going up. Fast. The national average for a gallon of gas jumped 13 cents since last week to $3.714, according to the American Automobile Association. While below the national average, gas prices in Florida have hit $3.659 for a gallon of regular as of July 27. [Source: Daytona Beach News Journal]

Miami, Florida Keys getting additional area code of ‘645′ - Miami-Dade County and the Florida Keys are getting a new area code, “645,” starting today.  Area customers who request new phone numbers will be assigned the “645” area code. The new area code will supplement the existing codes of “305” and “786" which already are used for the Miami area and the Florida Keys.

Disney Governing District Ends Diversity Hiring Initiatives - The new governing district that oversees the area around Walt Disney World on Tuesday abolished diversity, equity and inclusion programs. The Central Florida Tourism Oversight District said in a statement that it would eliminate the hiring and contracting programs created by the previous board because they "discriminated against Americans based on gender and race, costing taxpayers millions of dollars." Gov. Ron DeSantis has targeted Disney since its previous CEO publicly disagreed with a measure pushed by the governor that limited teaching about gender identity and sexual orientation in lower school grades. Among the moves made by the governor and allies in the Legislature was to abolish the previous special district and replace it with the new board, with members appointed by the governor.  "The district's DEI committee will be dissolved and any DEI job duties will be eliminated," the board said in its statement. It also said its workers will also no longer be allowed to use any staff time to pursue DEI initiatives. Associated Press / Orlando Sentinel / Deadline / Law360 / Central Florida Tourism Oversight District Statement

Free Enterprise Group Warns Law Preventing Chinese from Buying Fla Land Could Hurt Economy - Associated Industries of Florida, an economic development advocacy group, told the state Department of Business and Professional Regulation that a new law restricting people from China and some other countries from purchasing property in Florida could hurt the state's economy and future growth. Lawsuits are already challenging the law, arguing violations of constitutional rights and the Fair Housing Act, with the federal Department of Justice coming out in support of the plaintiffs challenging the new statute. AIF is cautioning state regulators against broad interpretations of the law, which could limit investments in Florida, including those from U.S. real estate funds with passive Chinese Limited Partners. In a letter to DBPR, the organization emphasized the law could have "unintended consequences." The group raised concerns over the law potentially preventing publicly traded companies with limited financial support from the People's Republic of China from making investments in the state, and warned that U.S. real estate funds could also face exclusion from investing in the state's primary asset, square footage under air conditioning, if they have two passive Chinese Limited Partners contributing at least 5% of the fund's commitments. The law, passed this year as SB 264, has broad limits on purchases of farmland or land near military bases for people from several "countries of concern," including China. But one provision of the measure prevents any person who lives in China who isn't a citizen or lawful permanent resident of the United States from holding any interest in real property in Florida beyond one residential property of two acres or less that's not within five miles of a military facility. Proponents, including Gov. Ron DeSantis, say the new state provisions address national security concerns relating to the Chinese Communist Party. Florida Politics

Florida Property Insurers Are Making Money Again - With a big boost from higher investment earnings and lower underwriting losses, Florida residential property insurers posted a profit in the first quarter of this year, according to an analysis by S&P Global Market Intelligence. Property insurers in the state, excluding state-backed Citizens Property Insurance Corp., reported $38.6 million in profit in the first three months of 2023, compared to a loss of almost $120 million a year earlier. The number of carriers is different – some of those with the biggest losses dropped out of the picture having gone insolvent. And operating income remained in the negative for the 16th straight quarter with underwriting losses reported at $28.2 million. Still, that was far less than the underwriting losses of $148.7 million in the first quarter of 2022. Most of the profit was attributable to a big jump in investment earnings, S&P reported. Insurance Journal 

Elections …

RACES TO WATCH: While Democrats are mired in the minority, some close state legislative seats that went Republican in 2022 could be up for grabs in 2024. Here are six races to watch.

“Florida Dems step up year-round presence, prep for HD 35 Special Election ” via Jacob Ogles of Florida Politics — FDP Chair Nikki Fried believes national Democrats will invest in Florida in 2024. That goes for the Presidential Election, but also smaller races like an upcoming Special Election in House District 35. Fried said she’s already talking with officials around Biden’s re-election campaign, some of whom she met with this week when Vice President Kamala Harris visited Orlando. “I have faith that it’s going to happen,” Fried told reporters in Orlando. “I had an opportunity to talk to the Vice President yesterday, as well as the Biden Victory campaign, as well as the (Democratic National Committee), as well as all our national partners, as well as our national donors.”

Florida Democrats hope that two ballot initiatives to enshrine rights to abortion and adult-use marijuana in the state constitution will boost election turnout in 2024 and move the state from GOP red back to purple swing state, Politico Florida reports.

“Poll: Only 15% of Florida voters believe DeSantis will be GOP presidential nominee” via A.G. Gancarski of Florida Politics — A new poll from Newsweek suggests that Sunshine State residents don’t think their Governor has a path to the GOP nomination against Trump. In fact, most Floridians think Trump has it locked already. The poll of 840 eligible voters, conducted on July 25 and July 26 by Redfield & Wilton Strategies, shows 51% of Floridians saying Trump is “most likely to be the Republican nominee for the 2024 Presidential Election.” Meanwhile, just 15% think DeSantis will ultimately be the GOP standard-bearer. That’s less than the 21% who say they don’t know who will win, but it’s more than all other candidates, described by Newsweek as at “2% or less.”

—”While DeSantis struggles with his run for President, who’s next for Florida Governor? ” via John Kennedy of USA Today Network

Healthcare Related Articles

“Psychological evaluations are no longer required for adult transgender patients” via Christine Jordan Sexton of Florida Politics — The state’s medical boards agreed to strip a month-old requirement from consent forms that transgender adults undergo a “thorough psychological and social evaluation” before initially receiving hormone replacement therapy and every two years thereafter. The emergency rules were enacted in response to a new law (SB 254) that limits access to gender-affirming care and requires patients to sign informed consent forms. The law had directed the Board of Medicine and Board of Osteopathic Medicine to create the informed consent forms, which were recommended for adoption by the Joint Rules/Legislative Committee and went into effect July 7.

The Pensacola Medical District has the most opioid-related deaths in the state. Pensacola News Journal

— Over the last decade, the number of reported leprosy cases has more than doubled in the southeastern states. According to the National Hansen’s Disease Program, 159 new cases were reported in the United States in 2020; Florida was among the top reporting states. Specifically, Central Florida accounted for 81% of cases reported in Florida and almost one-fifth of nationally reported cases. Read an interview with an Orlando physician who reported the cases here.

Testing the waters: The state wants to test whether a Medicaid managed care model would better serve people with intellectual and developmental disabilities. Officials want to try out the idea in some of the most heavily populated regions of the state: Hillsborough and Miami-Dade counties. Unlike other Medicaid managed care programs where enrollees have at least two managed care plans to choose from, AHCA is only required to contract with one plan, meaning no choice of providers. The pilot program is accepting up to 600 volunteer individuals with intellectual and developmental disabilities. It’s being launched in Medicaid Regions D and I. Region D consists of Hardee, Hillsborough, Highlands, Manatee and Polk counties. Region I is made up of Miami-Dade and Monroe counties.

State to Initiate Pilot Program for People with Developmental and Intellectual Disabilities - Florida plans to implement a new Comprehensive Intellectual and Developmental Disabilities Managed Care pilot program in Hillsborough and Miami-Dade counties, with the Agency for Health Care Administration set to submit a three-year waiver request to the Centers for Medicare and Medicaid Services to approve the initiative. The pilot program is intended to assess whether a Medicaid managed care model can better serve people with intellectual and developmental disabilities. Up to 600 volunteers from Medicaid Regions D and I will be selected by the state Agency for Persons with Disabilities from the current Medicaid iBudget Waiver program's waitlist. Region D comprises Hardee, Hillsborough, Highlands, Manatee and Polk counties. Region I is made up of Miami-Dade and Monroe counties. The iBudget Waiver enables individuals with intellectual or developmental disabilities to access home- and community-based services that support independent living outside of institutional settings. These services, such as assistance with dating and grooming, are not typically covered by Medicaid, necessitating a waiver to offer the care. While concerns have been raised by some advocates about the new services, participation in the program is voluntary, and federal law requires public comment to be considered before implementation. The pilot program is funded through the state budget (SB 2500) and is expected to launch on Jan. 31, 2024. Florida Politics

The streak continues: Tampa General Hospital (TGH) remains a beacon in health care excellence as the 2023-2024 U.S. News & World Report results show once again that the academic health center is one of the best hospitals in the nation. It marks the seventh year TGH has earned the top spot in Tampa Bay. Statewide, TGH is the #4 highest-ranked hospital in Florida and placed in the top 20 nationally in three specialties — obstetrics and gynecology, gastroenterology and GI surgery, and diabetes and endocrinology. “Tampa General’s recognition as a national leader in health care year after year is a direct result of the unwavering commitment by our entire team to deliver world-class care at every level and across all specialties to our patients and our community every single day,” said Tampa General President and CEO John Couris.

UnitedHealthcare and Orlando Health had not reached an extension agreement as their contract's expiration approached Monday, potentially leading to thousands of UnitedHealthcare members in Central Florida losing access to in-network care at Orlando Health. The contract was set to expire July 31. Negotiations have been ongoing for months, with the main issue revolving around reimbursement rates. Both sides have accused each other of making unreasonable proposals. Patients, especially those with chronic or complex medical needs, are anxious about potential disruptions to their care. Orlando Sentinel