Legislative Update - August 11, 2023

Gov. Ron DeSantis issued an executive order Wednesday suspending Central Florida State Attorney Monique Worrell, accusing her of neglecting her duty to effectively prosecute crimes. 

The Governor named his chief of staff, James Uthmeier, as campaign manager for the governor's presidential campaign.  Alex Kelly will take over Uthmeier’s duties as COS.

The Florida Lottery announced the sole winning ticket for the $1.58 billion MEGA MILLIONS jackpot was sold at a Publix in Neptune Beach.

Candidates Teed Up for Special Elections - Nine candidates qualified before a Thursday deadline to run in special elections for two state House seats. Democrats Rishi Bagga, Marucci Guzman and Tom Keen and Republicans Erika Booth, Ken Davenport and Scotty Moore qualified to run in House District 35 in Orange and Osceola counties, according to the state Division of Elections website. The seat became open in June, when former Rep. Fred Hawkins, R-St. Cloud, was named president of South Florida State College. The District 35 primary election will be held Nov. 7, with a general election on Jan. 16. Meanwhile, Democrat Johnny Gonzalo Farias, Republican Mike Redondo and unaffiliated candidate Frank De La Paz qualified to run in Miami-Dade County’s House District 118, according to the Division of Elections website. The District 118 seat became open when former Rep. Juan Alfonso Fernandez-Barquin, a Republican, was appointed Miami-Dade County clerk of court and comptroller. The District 118 general election will be held Dec. 5. The qualifying period started Wednesday morning and ended at noon Thursday.

The 2023 Florida Python Challenge began last Friday and will run until Aug. 13. The annual ten-day challenge invites hunters to collect Burmese pythons in the Everglades and offers money for the longest snake captured and the most snakes collected, with a grand prize of $10,000.

Federal Judge Throws Out Lobbying Ban for Office Holders - A federal judge on Wednesday permanently struck down a restriction on Florida state and local officials lobbying other government bodies while still in office, agreeing with challengers who said the ban violated the First Amendment. "The In-Office Restrictions are content-based, overbroad restrictions on speech," U.S. District Judge Beth Bloom of the Southern District of Florida wrote in her ruling. The in-office lobbying ban was part of a constitutional amendment approved by nearly 80% of voters in 2018. The law implementing the restriction was passed in HB 7001 of 2022. Miami-Dade County Commissioner René Garcia and South Miami Mayor Javier Fernández, both former state legislators, had challenged the new law. Bloom had temporarily blocked the law from being enforced in February. Wednesday's ruling made the earlier injunction permanent. The case is Garcia v. Stillman. Miami Herald / USA Today Network / Florida Politics

Unseasonably calm hurricane season continues in Florida - Severe weather is slamming the east coast but for once it's not hitting Florida. August is traditionally the beginning of the most active season for hurricanes in the Atlantic. The National Hurricane Center still has an eye on four tropical waves that may bring some isolated showers and thunderstorms to NW Cuba and SW Florida, with a few showers possible between Andros Island and SE Florida, but no major tropical activity is expected over the next few days. More from the Florida Times-Union and the Daytona beach News Journal.

“How leprosy arrived in Florida and how it is spreading: New clues are emerging” via Cindy Krischer Goodman of the South Florida Sun-Sentinel — Health officials are seeing more cases of the rare disease of leprosy in Florida want to find out why. Are foreign travelers bringing the disease to Florida with them? Are people in the state getting it from armadillos, which are naturally infected with the bacteria that causes the disease? How is this rare disease spreading in the Sunshine State, and who is vulnerable to it? Leprosy, also known as Hansen’s disease, has been around for centuries, and now mostly is in countries like India, Brazil and Indonesia. Untreated people who have the infectious disease caused by the bacteria Mycobacterium leprae often have disfiguring skin sores or deformities like claw hands or hammer toes.

Governor …

DeSantis Chief of Staff Uthmeier to Take Leave to Head Up Gov's White House Campaign - James Uthmeier, chief of staff to Gov. Ron DeSantis, will take over as campaign manager for the governor's presidential campaign. Uthmeier will reportedly take a leave of absence from the chief of staff job to replace Generra Peck heading up the campaign. Commerce Secretary Alex Kelly will become acting chief of staff, Politico reported. Peck will remain on the campaign staff as chief strategist. Uthmeier, a Destin native, was hired as deputy legal counsel in the governor's office in 2019, quickly became chief legal counsel and was named chief of staff in 2021, replacing Adrian Lukis, who left to take a job in lobbying. The Messenger / Miami Herald / Politico / USA Today / The Hill / News Service Florida

Gov. Ron DeSantis recently appointed Anastasios Kamoutsas and Cody Farrill to key roles in his administration. Kamoutsas, former chief of staff at the state Department of Education, was tapped to serve as deputy chief of staff in the governor's office. Former Cabinet Affairs Director Farrill was named to the same position. Other promotions include Jason Mahon to communications director and Peter Cuderman to legislative affairs director. Florida Politics

DeSantis Suspends Central Fla Prosecutors for Not Being Tougher on Criminals - Gov. Ron DeSantis issued an executive order Wednesday suspending Central Florida State Attorney Monique Worrell, accusing her of neglecting her duty to effectively prosecute crimes. DeSantis cited Article IV, Section 7 of the Florida Constitution as granting him the authority to suspend Worrell, effective immediately. Worrell, an elected Democrat who took office in 2021, is the prosecutor in the 9th Judicial Circuit Court, which includes Orange and Osceola counties. Worrell is the second state prosecutor to be suspended by the governor. Last August, DeSantis suspended Democratic Hillsborough County State Attorney Andrew Warren, citing pledges by Warren not to prosecute certain cases related to abortion and gender-related surgery. DeSantis, a 2024 Republican presidential hopeful, claims Worrell avoided seeking minimum mandatory sentences for gun crimes and drug trafficking offenses, limited charges for child pornography, withheld adjudication and allowed juvenile offenders to avoid serious charges and incarceration. He pointed to recent incidents, including a shooting in Orlando where two police officers were wounded, as evidence of Worrell's "dereliction" of duty. "Worrell's practices and policies have too often allowed violent criminals to escape the full consequences of their criminal conduct," said DeSantis. "It is my duty as Governor to ensure that the laws enacted by our duly elected Legislature are followed." Later Wednesday, Worrell said she would fight the decision in court – and continue her campaign for re-election. "I am your duly elected state attorney ... and nothing done by a weak dictator can change that," Worrell said at a news conference. "Under this tyranny, elected officials can be removed simply for political purposes and by the whim of the governor, and no matter how you feel about me, you should not be OK with that." The executive order also appointed former Orange County Judge Andrew Bain to serve for the duration of Worrell's suspension. Bain previously served as assistant state attorney in the 9th Circuit. Senate President Kathleen Passidomo on Wednesday sent a memo to senators noting that the state constitution requires that the body judge the merits of a suspension, but said if Worrell does challenge her suspension in the courts, the Senate would wait for that process to be finished before getting involved. Orlando Sentinel / Associated Press / Politico / The Capitolist / Florida Phoenix / Law360 / DeSantis Press Release

While other Florida governors from both parties have removed elected officials from office when they were charged with breaking the law, Gov. Ron DeSantis is drawing attention for using executive authority to remove elected officials for policy or political reasons. Sun-Sentinel

"How do Ron DeSantis’ suspensions of two top Florida prosecutors compare?” via Sue Carlton of the Miami Herald

DeSantis-appointed State Attorney cancels diversion programs, nixes policy following Worrell’s ouster” via Christopher Cann of the Orlando Sentinel

Gov. Ron DeSantis announced Thursday that a statewide interdiction law enforcement strike force created last year has brought a total of 10,569 felony charges, over 40 human smuggling charges, more than 150 drug-related charges and seized $2.7 million worth of illicit drugs between June 2022 and July 2023. The strike force, which comprises members from the Florida Highway Patrol, the Florida Department of Law Enforcement and local sheriff's offices, aims to help combat illegal drug smuggling, human trafficking and illegal firearm carrying in Florida. The effort was in response to what the governor calls the "Biden Border Crisis." DeSantis Press Release

Legislature …

Orlando Sentinel: Amesty Family's University, Restaurant Behind on Taxes; Claims Questioned - The Orlando Sentinel reported that a non-profit university run by the family of Central Florida first-term Republican state Rep. Carolina Amesty, failed to pay property taxes and that Amesty mischaracterized how successful her restaurant business is. Amesty's public claims include running a successful restaurant called Pollo Juan and a small school called Central Christian University, both of which are disputed by the Sentinel, citing Orange County records. She lived with her parents in a large home owned by the university, which hasn't paid property taxes, and failed to pay taxes on the closed restaurant until last month. That business still owes more than $5,700 in utility fees, according to the Orlando Utilities Commission. The newspaper's investigation raises questions about Amesty's business reputation, financial transparency and compliance with non-profit regulations. Amesty released a statement calling the article a "hit piece" and promising to rebut the allegations made by the paper. Amesty said the tax payment allegations were "demonstrably false," and said she would demand a retraction and, barring that, would pursue legal action against the Sentinel. Orlando Sentinel / Rep. Amesty Statement

Business issues …

Floridian sentiment drops, in contrast with national consumer outlook - Consumer sentiment among Floridians dropped 2.1 points in July to 66.8, down from a revised figure of 68.9 in June. The decline contrasts with national consumer sentiment, which surged over seven points. “Despite a resilient labor market in Florida with an unemployment rate holding steady at 2.6% since January and a labor force that surpassed 11 million workers for the first time in June, Floridians are more pessimistic in July,” said Hector H. Sandoval, director of the Economic Analysis Program at UF’s Bureau of Economic and Business Research. [Source: UF News]

Florida’s revenue collections exceed projections in June, bolstering surpluses in tax generation

https://thecapitolist.com/floridas-revenue-collections-exceed-projections-in-june-bolstering-surpluses-in-tax-generation/

Florida's minimum wage to rise to $12 per hour on Sept. 30 [Caloose Belle] - Florida's minimum wage will change from $11 per hour to $12 per hour on Sept. 30. On Nov. 3, 2020, Florida voters approved Amendment 2, which amended Florida’s constitution to gradually increase the state’s minimum wage to $15 an hour by the year 2026. On Sept. 30, 2021, the state's minimum wage rose from $8.65 per hour to $10 per hour. On Sept. 30, 2022, minimum wage rose to $11.

“Florida gas prices reach new 2023 peak” via Jesse Scheckner of Florida Politics — Gas prices in Florida surged 18 cents in the average cost per gallon last week, although they now appear to be on the decline. Motorists across the Sunshine State have paid more for gas for four consecutive weeks through Friday when the price hit $3.84 per gallon — 12 cents more than the previous yearly high in April. By Sunday, pump prices averaged $3.83 per gallon. Just over a month earlier, on Independence Day, gas here was 57 cents cheaper per gallon. Prices dropped another cent by Monday morning but still remained the highest since August 2022.

AAA: Fla Gas Prices Reach New 2023 High Amid Heat Wave - Gas prices in Florida spiked last week amid an extreme heat wave, according to AAA. The state's average reached a new 2023 high at $3.84 per gallon, surpassing the previous high of $3.72 set in April. But rates have begun to decrease slightly following the significant 18-cent increase and the fourth consecutive weekly jump at the pump. The current state average of $3.83 per gallon is 57 cents higher than it was as recently as July 4. Around half of the price of gas is influenced by oil prices, which have climbed due to the global oil market's tightness. Crude oil, which was trading below $70 per barrel last month, has now risen above $80 per barrel, with the most recent closing price at $82.81 per barrel, just 45 cents below the 2023 high. In addition to oil prices, extreme temperatures in the Southern United States have impacted fuel refineries' capacity. Operating when temperatures exceed 100 degrees Fahrenheit can lead to breakdowns, equipment failures and electrical outages, causing disruptions in refinery operations. The most expensive markets for gas include the West Palm-Boca Raton area, Naples, and Homosassa Springs, while the least expensive areas in the state are Pensacola, Panama City and the Crestview-Fort Walton Beach region in the Panhandle. AAA Press Release / Tallahassee Democrat / Tampa Bay Times / WFTV / WFLA / WTSP 

Florida law: What the legislature did this year - The insurance industry this year convinced lawmakers to pass the most significant changes in personal injury law in 20 years. Expect both plaintiffs lawyers and defense attorneys to fight over how the new law plays out. It can take many months for the extent of people’s damages and the responsible parties to become clear. Now, attorneys will need to sue faster and name more defendants to cover all bases before the two-year clock runs out. [Source: Florida Trend]

Steps are now being taken for five insurance companies to take over nearly 200,000 policies from Citizens Property Insurance, the state-backed insurer of last resort, in an effort to reduce its policy count, News4Jax reports. 

FloridaCommerce, formerly called the Department of Economic Opportunity, launched the Florida Aerospace and Defense Portal on Tuesday, connecting small and medium-sized businesses to resources and contracts supporting the state's military sector. The portal streamlines access to Defense Department spending, grants and contracts. It includes the Florida Defense Directory for business connections, allowing searches by NAICS code, keywords or company name. The portal also offers cybersecurity training, free consultations, disaster preparedness information and guidance on managing government contracts. FloridaCommerce Press Release 

Elections …

—"Poll: DeSantis drops to 3rd place in national survey of GOP primary” via A.G. Gancarski of Florida Politics

DeSantis released a digital ad highlighting his background as a Navy officer who earned a bronze star after serving in the Navy Judge Advocate General's Corps (JAG) in Iraq, Fox News reports.

Florida Democratic leaders are urging former Congresswoman Debbie Mucarsel-Powell to challenge Republican U.S. Sen. Rick Scott in the 2024 election. Florida Politics

Health Related Articles

“With pickleball injuries mounting, physical therapist Dr. Frank Allen focusing on player health” via Doug Fernandes of the Sarasota Herald-Tribune — He was perfectly content being Dr. Allen, a Sarasota physical therapist since 2020 and owner of Your Place Physical Therapy, catering to athletes of all persuasions. Discovering he could tap into a vein no other physical therapist had, Allen went about becoming the first. He started the branding process by originating the moniker the “Pickleball PT.” Allen’s two main areas of focus are injury treatment and injury prevention. For the latter, he said the best protection against injury is simply warming up before taking the court.

AdventHealth creates ER with groundbreaking patient experience, unique Disney touches - AdventHealth has opened the doors of a unique emergency room located near Walt Disney World Resort, bringing trusted emergency care and a first-of-its-kind patient experience for Central Florida visitors and community members, including Walt Disney World Resort guests and cast members. [Sponsored report]

The federal Food and Drug Administration recently approved Zurzuvae, the first drug intended to treat severe postpartum depression. Developed by Sage Therapeutics and Biogen, the pill is taken once daily for two weeks and mimics a hormone linked to pregnancy. Studies show it effectively reduces symptoms within days for many patients. Postpartum depression affects around 400,000 people annually, and current treatments like counseling or antidepressants don't always work. While praised for its effectiveness, concerns exist about the need for long-term data and pricing. Zurzuvae is part of a new class of medications targeting different brain pathways than traditional antidepressants. Associated Press

Tampa General Hospital is facing a proposed class-action lawsuit for negligence in relation to a cyber attack that exposed data of around 1.2 million patients in May. The lawsuit claims the breach could have been prevented, and the 1,000-bed hospital exacerbated the harm by delaying notification to affected victims. The law firm Morgan & Morgan is representing three anonymous plaintiffs, including a retired FBI agent, seeking damages and improved cybersecurity measures. The health care facility experienced an unauthorized third party hack on its computer network, accessing and stealing personal patient data between May 12 and 30, including Social Security numbers and medical details. The hospital is offering credit monitoring and identity theft protection to impacted patients, saying the FBI and affected patients were notified. The facility also said security measures are being strengthened to prevent future incidents. Health News Florida

Pharmacists at Tampa's James A. Haley Veterans' Hospital took a vote of no confidence in leadership due to poor working conditions and lack of support, as part of the American Federation of Government Employees union. Staff shortages have increased workload, but management hasn't filled positions, the union says. The VA Tampa Healthcare System, which serves more than 100,000 veterans living in Hillsborough, Pasco, Polk and Hernando counties, said it aims to address the concerns. WUSF

State Urges Judge to Allow New Teacher Union Dues Deduction Ban - Lawyers for the state are urging a federal judge to deny a teacher union's request to block part of a new law that makes it more difficult for the union to collect dues. The measure (SB 256), approved by Gov. Ron DeSantis in May, prohibits public unions from automatically collecting union dues via payroll deduction. The new law doesn't apply to unions representing law enforcement, corrections and firefighters, but it does affect teachers' unions. Supporters say the proposal promotes transparency, while critics argue it weakens unions for political purposes. Unions representing school employees and university faculty members, including the Florida Education Association, filed a lawsuit claiming the new law is unconstitutional. They seek a preliminary injunction against the dues deduction ban, arguing that the provision violates existing contracts requiring dues deductions. But the state filed a motion last week contending that collective-bargaining agreements can be influenced by changes in state laws and that unions have alternative ways to collect dues. Chief U.S. District Judge Mark Walker ruled in June that the unions hadn't demonstrated a strong legal standing and denied their plea to block the new law from taking effect. Despite his previous denial of an injunction, the unions have revised their lawsuit and injunction request. News Service Florida / Tampa Free Press

State Regulators Received Suggestions for Enforcing 'Prescription Drug Reform Act’ - The state Office of Insurance Regulation recently held a meeting regarding proposed rules for implementing a new governor-backed law to lower prescription drug costs by regulating pharmacy benefit managers, or PBMs, and promoting accountability and transparency in the pharmaceutical industry. The new law, passed as SB 1550 and called the "Prescription Drug Reform Act," requires drug makers to notify the state of increases in drug prices, including when the cost of a $100 drug increases by 15% or more in a year or by 30% or more over three years. It also includes registration requirements for pharmacy benefit managers to become fully regulated as insurance administrators, with a fine of $10,000 per day for non-compliance starting on Jan. 1. Lobbyists and lawyers representing insurance companies and pharmacists attended the public meeting. Concerns were raised about the $5 fee for third-party association, or TPA, registration, claiming the amount is insufficient to cover regulatory costs. A small pharmacy owner also suggested that applicants seeking TPA registration should be obligated to inform the state about administrative, civil or criminal complaints, settlements, or discipline in the 36 months before applying in order to identify patterns of behavior. Another suggestion made at the meeting would require existing PBMs to notify the state about their intentions to comply with the law's provisions on cost reimbursement appeal and denial. Additionally, other issues discussed focused on reporting for non-compliance. State insurance regulators plan to present the new rules to the Financial Services Commission on Aug. 22. Florida Politics

Florida Surgeon General Joseph Ladapo recently suggested on social media that two college basketball players who had cardiac arrests – one of whom is the son of NBA star Lebron James – might have been coerced into getting the COVID-19 vaccine. He cited a Swiss study and state data to support his claim. But some health experts emphasized the importance of evidence before drawing conclusions about vaccine links to severe illness. WUSF

AdventHealth has observed a rise in children and teenagers seeking help for anxiety, depression and self-harm before the school year starts. Dr. Tina Gurnani, a pediatric psychiatrist, suggests parents engage in brief daily mental health check-ins with their kids. WMFE

COVID takes a back seat: Here are the 2023 health threats getting all the buzz in Florida - Florida has seen multiple scares surrounding diseases since the beginning of the year which may grab the attention of people concerned with their health and potential risks. Leprosy, the rare disease which mostly affects the skin and peripheral nerves, may possibly even become endemic in the southeastern U.S. according to the Centers for Disease Control and Prevention (CDC). [Source: Pensacola News Journal]

Pasco college promises to add 200 nurses in region

https://www.businessobserverfl.com/news/2023/aug/10/pasco-college-add-nurses/?utm_source=Daily+Brief&utm_campaign=e9cdf0e478-Daily+Brief+08.11.23&utm_medium=email&utm_term=0_-e9cdf0e478-%5BLIST_EMAIL_ID%5D

Heat is Spiking Medical Care Visits - AdventHealth Central Florida says it has seen a surge in patients seeking care for heat-related illnesses, with visits to ERs for heat-related reasons up 20% and visits to urgent care locations in the company's network more than doubling. WMFE

Florida hospital leaders are publicly downplaying the effect of a new law requiring Medicaid-accepting hospitals to report the immigration status of patients, but some doctors and other health care officials say the law will deter some immigrants from seeking care. Florida is the only state mandating that hospitals question patients about citizenship. KFF Health News