Legislative Update - August 21, 2023

The National Hurricane Center is now monitoring four systems, with one having a 70% chance of becoming a tropical cyclone within a week. Another system also shows potential for development, according to Thursday's update.

House appropriations forms were released this week and are due on November 14.  State economists meet this week with budget staff from the governor's office and the Legislature to work out forecasts for incoming tax revenue to form the base point for the budget they'll craft in the upcoming legislative session that starts Jan. 9.

Florida is raking in more tax dollars than expected. State economists on Wednesday revised their financial outlook for the next fiscal year, increased their revenue forecast by $1 billion from a previous estimate. 

Governor …

“DeSantis may try to make it harder for immigrants to send money from Florida” via Jason Garcia of Seeking Rents — Florida lawmakers had barely begun this year’s Legislative Session and Sen. Ileana Garcia was already under pressure. Garcia had just voted in favor of legislation that was meant to make it much harder for undocumented immigrants to live and work in Florida. The bill (Senate Bill 1718) was a top priority of DeSantis. The legislation would impose new rules on people in Florida who want to send money to family members in other parts of the world — monetary transfers known as “remittances” that are frequently made by migrants and foreign immigrants through services like Western Union and PayPal. That’s not an idea that ever appeared in Senate Bill 1718. Nor did the idea appear in DeSantis’ original immigration proposal.

“Floridians stung by DeSantis veto that cost $346M in energy-saving programs” via Jeffrey Schweers of the Orlando Sentinel — The 22-year-old air conditioning and heat pump in Daniel Milligan’s Deltona home was on its last legs, and it would cost at least $10,000 to replace, a large sum for a man in his 60s who had been laid off and was getting by on temp work. With a stroke of the pen, DeSantis had wiped out the seed money needed for Florida to get what would have been $346 million from Washington for Milligan’s heat pump and other energy-saving programs. “He’s hurting millions of Floridians,” Milligan said, identifying himself as politically independent all his life. DeSantis offered no explanation for axing the energy programs in his veto message.

The state ran up a $9.4 million bill protecting and transporting DeSantis and his family and protecting the governor’s mansion last fiscal year, during part of which he was running for reelection, running for president and promoting his latest book, the Orlando Sentinel and the USA TODAY Network-Florida report. 

DeSantis' appointment of judge to Lakeland appellate court draws strong reactions” via Gary White of the Lakeland Ledger — DeSantis’ appointment of Roger Gannam as a judge on the 6th District Court of Appeal has provoked strong criticism from Democrats and liberal groups. DeSantis’ Office announced that he had selected Gannam, of Apopka, to fill a vacancy on the court, which is based in Lakeland. Gannam has served since 2016 as assistant vice president of Legal Affairs for Liberty Counsel, a nonprofit legal organization based in Maitland that advocates for evangelical Christian causes. He joined the organization in 2014. Gannam, who earned a law degree from the University of Florida, was a partner with Lindell & Farson, a Jacksonville law firm, before joining Liberty Counsel.

—“Who is Alex Kelly, DeSantis' new acting chief of staff?” via Tristan Wood of City & State Florida

Cabinet, Clemency Meetings that Coincide with Presidential Debate Canceled - Gov. Ron DeSantis canceled a Florida Cabinet meeting and a state clemency board meeting that were set to align with an upcoming Republican presidential debate in Milwaukee. The cancellation was confirmed through an email sent to the three Cabinet offices from the DeSantis administration, as reported by Politico. A reason for the sudden cancellation was not provided. The Cabinet affairs office's email also didn't offer any explanation, only indicating that the meetings would be rescheduled. The Cabinet meeting had been planned for Aug. 22, while the clemency board meeting was scheduled for Aug. 23. The debate featuring DeSantis and other GOP candidates is also slated for Aug. 23. Politico / News Service Florida

Some Florida Republican legislators who are backing Gov. Ron DeSantis for president are holding a telethon competition this week in Tampa to see who can raise the most money for the governor's White House campaign with the top two fundraisers winning a chance to attend the first presidential debate including DeSantis next week in Milwaukee. The Messenger

Business issues …

Florida drivers, get ready for sharp increases in auto insurance rates - As homeowner insurance premiums skyrocket, Florida drivers are getting an extra nasty surprise this year: Sharply increased auto insurance renewal rates. If it makes you feel any better, auto insurance charges are going up nationwide, experts say, to catch up with post-pandemic inflation in repair and parts costs, increases in crashes as we drive more carelessly, and higher vehicle prices. [Source: Tampa Bay Times]

Florida is raking in more tax dollars than expected. State economists on Wednesday revised their financial outlook for the next fiscal year, increased their revenue forecast by $1 billion from a previous estimate. A revenue estimating panel will meet again this week to review general revenue estimates once more, which lawmakers will use to begin crafting the state budget for the 2023-24 fiscal year. General Revenue Financial Outlook Statement / Florida Channel (Video)

TOURISM NUMBERS: The number of people traveling to Florida during the second quarter of 2023 decreased compared to a year earlier, according to estimates released Wednesday by the state’s tourism-marketing agency.

Legislature …

The front doors of the Florida State Capitol will be reopened to the public this fall as an extensive renovation project to bring the building in compliance with the Americans with Disabilities Act nears completion, the Tallahassee Democrat reports.

Key Forecast to Start Work on Next Year's Budget - State economists meet today with budget staff from the governor's office and the Legislature to work out forecasts for incoming tax revenue to form the base point for the budget they'll craft in the upcoming legislative session that starts Jan. 9. Politico this morning takes a look at four things to watch for that could affect the budget as lawmakers gear up to begin writing the spending plan. Politico Playbook / LobbyTools Calendar

Critics Raise Concerns About New Housing Law Overriding Local Size Controls - While affordable housing advocates praised the Legislature's passage of legislation creating new low-interest loans and tax breaks to jumpstart the development of new affordable housing, the so-called "Live Local Act" is facing new backlash and criticism because of provisions that override local zoning controls on building height and density. The new law requires cities and counties to approve certain new housing projects without hearings and public input on proposals that may violate existing size restrictions. The measure (SB 102) essentially doubled what the state put into affordable housing last year, putting over $700 million into housing and using tax breaks to incentivize developers to make more affordable options available. Miami Herald

A federal judge refused to block a new Florida law that restricts people from China from owning property in the state, saying in part that plaintiffs are unlikely to be able to show the measure was motivated by discrimination, the News Service of Florida reports. 

“Florida school voucher awards jump 44% after state makes everyone eligible” via Leslie Postal of the Orlando Sentinel — The number of Florida students awarded school vouchers jumped by more than 117,500 this year, mostly due to a new state law that made all students eligible for scholarship programs once targeted to low-income children. By Aug. 11, more than 382,000 students had received vouchers for the 2023-24 school year, giving them access to money for private school tuition, home schooling services or therapies for children with disabilities, according to Step Up for Students, the private group that administers most of Florida’s scholarship programs. That represents a 44% increase from a year ago when about 264,400 scholarships were awarded by the same date.

Arguing that parts of the law violate the First Amendment, the Biden administration Monday urged the U.S. Supreme Court to take up a challenge to a 2021 Florida law that placed restrictions on major social-media companies, the News Service of Florida reports

Elections …

The Florida Democratic Party is continuing its monthlong voter registration effort, swinging through North Florida this week.

The “Take Back Florida” tour, announced in late July, aims to reverse the party’s low adoption rate among new voters. Florida Democrats had held a lead in registered voters for decades until 2021 when Republicans caught up.

The GOP’s lead has only grown over the past two years — in July, the Republican Party of Florida touted fresh numbers showing a greater than 500,000-voter lead over Democrats. While voters are registering as Democrats in fewer numbers, the swing is also attributable to voters being cut from the rolls and because a greater proportion of voters are registering as NPAs than in years past.

“Floridians have to sign up again if they want to vote by mail in next election” via Steven Lemongello of the Orlando Sentinel — Nearly 3 million Floridians voted by mail in 2022, but all their ballot requests were wiped out at the beginning of this year because of a new law signed by DeSantis. That has left county elections offices scrambling to tell residents they must request mail-in ballots again to cast their ballots in the same way for the next election. DeSantis’ and other Republicans’ heightened targeting of mail-in voting marks an almost total 180-degree turn by the Florida GOP, who once spearheaded the idea and had benefited from it for two decades. But now, opposition to voting by mail is rising on the right largely because of Trump’s false claims of voter fraud, with many national Republicans openly calling for its elimination. Democrats and elections experts worry even more restrictions are on the way in Florida.

“Field set for HD 35 Special Election” via Jacob Ogles of Florida Politics — Three Democrats and three Republicans will face off in November Primary contests before a January election determines who will replace former state Rep. Fred Hawkins in House District 35. On the Democratic side, Rishi Bagga, Marucci Guzmán and Tom Keen all qualified to run, with Keen and Guzman submitting petitions and Bagga paying the filing fee. Republican candidates Erika Booth, Ken Davenport and Scotty Moore all qualified as well, with Booth and Moore paying the fee and Davenport qualifying by petition. The Primary Election for both parties will be held on Nov. 7. Once party nominees are set, the two Primary victors face off in a Jan. 16 Special Election, with the winner taking office at midnight.

3 candidates qualify for HD 118 Special Election” via Jesse Scheckner of Florida Politics — Three candidates, each of a different political persuasion, have qualified for a Special Election to fill a vacant Florida House seat representing part of southwestern Miami-Dade. They include no-party candidate Francisco “Frank” De la Paz, a construction executive who previously mounted an unsuccessful bid for a Miami-Dade Community Council position in 2016; Johnny Farias, a Democratic electrician and former Community Council member who ran for HD 118 last year as well; and Mike Redondo, a Republican lawyer who enjoys financial backing from his party’s state leadership. Two other Republican candidates — Miami Beach firefighter Christian Chavez and Ernie Thomas, a former appointed member of the Citizens’ Independent Transportation Trust and Miami-Dade Planning Advisory Board — also filed for the race. Neither qualified.

Chris Christie passes struggling Ron DeSantis in New Hampshire poll as Donald Trump keeps dominant lead” via Dave Goldiner of the New York Daily News — Christie, who is struggling in national polls, scored 9% support in the Emerson College poll of the Granite State, edging ahead of the fast-fading DeSantis at 8%. Trump remains far and away the front-runner with the backing of 49% of voters in the poll in the first-in-the-nation GOP Primary state. But Christie is running as a much more strident critic of Trump and could now be poised to use his second-place spot to expand his attacks on the former President. “DeSantis has been the alternative to Trump. This is the first time we have seen DeSantis drop out of second place in our polling and fall back into the pack of candidates,” said Emerson College Polling executive director Spencer Kimball.

“Brian Hughes to lead the Donald Trump campaign in Florida” via Jacob Lupfer of Florida Politics — Multiple Republican sources confirmed Hughes as the Trump campaign’s choice to lead its Florida operation. Hughes has also now confirmed to Florida Politics he is joining the Trump campaign. The news comes amid a rash of DeSantis campaign layoffs and personnel shake-ups, including this week’s sidelining of Campaign Manager Generra Peck. Despite DeSantis calling Peck’s effort “the best-run campaign in the history of Florida politics” in his 2022 re-election victory speech, she was demoted to a strategist role and replaced by the Governor’s Chief of Staff, James Uthmeier, who has never worked on a presidential campaign. But Hughes’ hiring may suggest Trump is looking to drive DeSantis from the race long before votes are cast in Florida.

Floridians Protecting Freedom, the committee advocating for a proposed constitutional amendment guaranteeing abortion rights on the state's 2024 ballot, said it amassed over 600,000 petitions within the three months since its launch – marking the halfway point of their petition goal, with 117,502 petitions gathered by volunteers or mailed directly to the campaign by Florida voters. The campaign has also garnered strong fundraising support, collecting over $6.75 million from over 1,750 donors, according to the committee. If the proposal qualifies for the ballot, it would need support from 60% of Florida voters to succeed.Floridians Protecting Freedom Press Release

State and local officials should be boosting funding to help pay for the upcoming 2024 presidential election, voting experts told lawmakers and legislative staffers this week at the National Conference of State Legislatures summit in Indianapolis. Presidential elections cost from $2 billion to $5 billion to administer nationally, but most of the nation's 10,000 local jurisdictions are underfunded, Charles Stewart III, director of the MIT Election Data and Science Lab, told conference attendees. Axios

The Republican Party of Florida released the names of the speakers at their annual Statesman’s Dinner, now including a prominent anti-trans activist in addition to a popular conservative commentator. The dinner is taking place on Sept. 14 at the Rosen Centre Hotel in Orlando.

Ben Shapiro and former University of Kentucky swimmer Riley Gaines will be headlining the $200-a-plate fundraiser. Both Shapiro and Gaines, by the way, have endorsed Gov. Ron DeSantis in his 2024 presidential bid.

“City of Miami wins 'gerrymandering' map battle in U.S. Supreme Court” via Joshua Ceballos of WLRN — The U.S. Supreme Court has ruled: Miami will use a contentious map drawn up by City Commissioners in this November's election. In a Thursday evening ruling, the full court denied a request from community activist groups led by the ACLU of Florida who have been battling with the city since last December. The groups wanted Miami to use a map of their creation for the election because they consider the city's map unconstitutional. The court gave a flat denial of the group's request, with no written opinion.

North Florida Minority Congressional District May Be Restored - The former 5th Congressional district that ran from the Tallahassee area to downtown Jacksonville and provided a likely "Black seat" because of the racial makeup of the voters could be restored if a judge finds it aligns with the Equal Protection clause of the United States Constitution, following a key agreement between challengers of the district and lawyers for the state and Legislature. The plaintiffs challenging the new district created by lawmakers at the behest of Gov. Ron DeSantis and lawyers for the state last week reached a joint stipulation agreeing that there has been diminishment of Black voting power since the new district was created replacing the former boundaries for the seat, which had been represented since 2017 by a Black Democrat, U.S. Rep. Al Lawson.  A hearing is set for Aug. 24 on the challenge to the abolition of the old district. Civil rights group Black Voters Matter Capacity Building Institute filed a lawsuit against Secretary of State Cord Byrd after the governor vetoed a map agreed to by lawmakers and pushed the Legislature to pass a redistricting plan that made it less likely voters would elect a Black congressman. The group alleges the new districts reduce opportunities to elect minorities to Congress and don't satisfy requirements of the Fair Districts Amendment in the state constitution. “This is a promising step forward for Black voters,” said the director of litigation and policy for the National Redistricting Foundation. Lawson said he would consider running for his old seat if the district was reconfigured similar to how it was before the last midterm election. Florida Politics / Politico

Healthcare Related Articles

“Florida hospitals rebound from severe nursing shortage during pandemic” via Christopher O’Donnell of the Tampa Bay Times — After being stretched to the breaking point during the pandemic, the nursing shortage crisis may be over for now in Florida. Across the state, the vacancy rate for registered nurses has fallen in the past year from 22% to 13%, according to a survey of more than 200 hospitals conducted by the Florida Hospital Association. The turnover rate for nurses has also plummeted from 32% in 2022 to 20%, and hospitals are reporting many nurses have returned to their old jobs. The numbers are a relief for hospital executives after the COVID-19 public health emergency severely exacerbated the pre-pandemic nursing shortage.

U.S. Appeals Court Rules on Mifepristone: Abortion Pill Battle Heads to Supreme Court - In an ongoing battle concerning the abortion pill mifepristone, the 5th Circuit Court of Appeals in New Orleans overturned a lower court's complete withdrawal of the pill's approval by the federal Food and Drug Administration. But the three-judge panel upheld part of the decision that restricts the drug's availability by mail and limits its use to seven weeks of pregnancy, rather than ten. The court also ruled that a physician must prescribe mifepristone after an in-person visit, reversing the FDA's 2016 move to increase accessibility. The case will likely head to the U.S. Supreme Court, with the Biden administration aiming to safeguard mifepristone access and FDA authority. Despite the ruling, the new restrictions are not expected to take effect immediately, as the existing FDA approval remains in place until a final ruling is issued after the appeals process. The case arose after a Texas judge imposed a nationwide ban on mifepristone. 5th U.S. Circuit Court of Appeals Ruling / USA Today Network / New York Times / Washington Post / Fox News / NPR / CNN / CNBC

The federal government sent a letter to the Florida Agency for Health Care Administration warning that the state may not be in compliance with federal guidelines requiring prompt assistance to those renewing or applying for Medicaid. The state has reported long phone help line wait times and that state officials failed to process about 90% of new Medicaid applications within a federally-required 45-day time frame. Tampa Bay Times

Simpson, Tampa Hospital Push Protecting Kids from Hemp Products - Agriculture Commissioner Wilton Simpson held a workshop on Florida's efforts to protect children from high potency hemp products at Tampa General Hospital on Wednesday. While THC-containing cannabis products are restricted for medical use, products like high-potency hemp have become more widely available. Last year, more than 900 kids were exposed to high potency hemp products, with some children having to be hospitalized, according to the Florida Poison Information Center. Earlier this summer, the Department of Agriculture and Consumer Services launched a week-long, statewide inspection called "Operation Kandy Krush" in which investigators found over 83,000 high-potency hemp extract products after visiting more than 475 businesses across 37 counties. The effort was in response to a new law prohibiting the sale of edible hemp products to anyone under 21. The law, passed during the 2023 legislative session as SB 1676, bans hemp products from being sold in containers that are attractive to kids, such as packaging that includes animal or cartoon shapes, or marketing that resembles existing candy products and brands. Simpson Press Release / Florida Politics

State Economists Predict Medicaid Budget Shortfall - Florida's Medicaid program might face a budget deficit this fiscal year, according to state economists and officials at the Agency for Health Care Administration, which oversees the safety net program. The state now projects a potential Medicaid budget shortfall of almost $600 million by June 2024, with the state responsible for $227 million of that. Economists predict the state will require around $934 million for the 2024-25 fiscal year to keep the program operating at current levels. Lawmakers will craft the next fiscal year's budget during the 2024 regular session. For the past few years, the state has seen a surplus in Medicaid funding due to the federal government providing additional matching funds as long as states agreed to not disenroll beneficiaries. Florida Medicaid officials began eligibility redeterminations in April after Congress passed a spending plan late last year ending the requirement that states keep residents enrolled in Medicaid for the duration of the federal COVID-19 public health emergency, which ended earlier this year. Florida is one of only ten states that has declined to accept federal money to expand Medicaid under the Affordable Care Act. State health regulators initially estimated around 900,000 people would be removed from the program by June, but only ended up with about 500,000 fewer enrollees. Last month, the Social Services Estimating Conference agreed that the Medicaid program would see approximately 302,000 more participants in the ongoing fiscal year compared to what was originally allocated in the 2023-24 state budget and the group also decided to raise their earlier estimate for Medicaid enrollment for the next fiscal year by 132,000 individuals. Florida Politics

The state expanded its lawsuit against the federal Food and Drug Administration, alleging the agency didn't respond adequately to public information requests about the Canadian Prescription Drug Importation Program. The state claims the FDA's lack of timely response violates the Freedom of Information Act and now demands records and disclosures, and requests attorneys' fees. "The FDA has acknowledged receiving the May 2023 FOIA Request but has not responded within FOIA's statutory deadline," states the revised complaint. Gov. Ron DeSantis initiated the lawsuit due to FDA delays in approving Florida's importation program, an attempt to lower prescription drug prices in the state. Other states have joined Florida in seeking permission for drug importation. The FDA has denied the claims and the legal challenge is ongoing. The Capitolist / News Service Florida 

The Florida Professional Firefighters union joined the Florida Police Benevolent Association in a case challenging state implementation of new restrictions on public employee unions. The law (SB 256) bans payroll deductions for union dues, but exempts law enforcement and firefighter unions. Those unions are challenging state agency rules issued by the Florida Public Employees Relations Commission that do not include dispatchers, 911 operators and EMTs in the exemption. Administrative Law Judge Robert Cohen has scheduled an Aug. 29 hearing in the case. Teachers' unions and other public-employee unions have also filed legal challenges in federal and state court, arguing parts of the new law are unconstitutional. New Service Florida 

During the 2020-21 school year Florida hit a more than 10-year low for kindergarten and seventh-grade students completing all doses of required immunizations, according to a Florida Department of Health report.Orlando Sentinel

According to new data released by the Centers for Disease Control and Prevention, U.S. suicides hit a record high of around 49,500 last year. Factors like increased depression rates, limited mental health services and easy access to firearms likely contributed to the rise, researchers said. Although suicide rates decreased slightly in recent years, they jumped by 3% in 2022. Older adults, ages 45-64 and 65 and older, saw the most significant rise in deaths. Suicide became the second leading cause of death for ages 25-44. Positive steps include the federal 988 Suicide and Crisis Lifeline, which was launched last year. Associated Press

Health departments, pediatricians and mobile clinics are slammed with children who still need the required vaccines to start school for the first time, or to enter the seventh grade, the South Florida Sun Sentinel reports.

Health Providers Reluctant to Criticize New Immigration Reporting Requirement - Some doctors and nurses have expressed concerns about a new Florida law requiring hospitals to ask patients about immigration status, but hospital leaders have been reluctant to question or criticize the new requirement for fear of losing their job. The new immigration law, passed earlier this year as SB 1718, among other provisions, requires hospitals to ask patients about their immigration status at admission and in emergency rooms, and report the information, along with the cost of care for undocumented or unauthorized residents, to the state. KFF Health News-Tampa Bay Times

COVID-19 hospitalization rates rose 39% between June and July in Florida. Officials say that there's no sign numbers of cases will reach anything like the biggest waves of the worst part of the pandemic – Florida's hospitalization rate of 5.7 per 100,000 residents in July is down 76% from its peak of 23.8 per 100,000 last year. Axios

Florida has a new law intended to make Brazilian butt lift procedures safer, but South Florida has been the area where the most deaths from the procedure have occurred. The Sun-Sentinel reports that the popularity of the procedure is on the rise again in South Florida, which the paper calls the "capital of high-volume, low-cost, strip-mall clinics that do BBLs."Sun-Sentinel / Axios

Increased international travel is believed to be behind a rise in cases of mosquito-borne illnesses in Florida. Sun-Sentinel

Three medical associations are warning that emergency rooms cannot handle the surge in kids seeking emergency psychiatric care without more local resources for youth mental health. Axios 

Florida's new law that allows health providers and insurers to refuse any health service that violates ethical beliefs is one of two such medical conscience bills enacted this year, along with another in Montana. Some critics say a growing number of such efforts could undermine patient care. KFF-Stateline