Legislative Update - September 1, 2023

This week’s news is all about Hurricane Idalia.  It grew into a dangerous Category 4 storm as it surged toward landfall near Florida’s Big Bend area on Wednesday morning.  Majority of people heeded evacuation orders and so far, no fatalities have been reported.  Governor Ron DeSantis and President Joe Biden seemed to have put their campaign differences to the side as they worked together this week on hurricane relief.  President Biden told Governor DeSantis that Florida will get “all available federal resources.”  President Biden will be in Florida on Saturday.

The “Tool Time” Sales Tax Holiday that will allow shoppers to avoid paying sales taxes on a variety of items such as hand tools, ladders, shovels, tool belts and work boots begins today and runs until September 8.

Hurricane …

Hurricane Idalia Pushes Through Florida, Misses Major Population Centers - Hurricane Idalia pushed across Florida on Wednesday after making landfall as a Category 3 storm in the lightly populated area known as the Big Bend, between the Tallahassee area and the Nature Coast north of Tampa Bay. The hurricane came ashore with 125 mph winds and pushed storm surge into coastal areas, causing extensive flooding and left as many as a half-million customers without power, but was far less destructive than feared. Two deaths were reported in separate car accidents due to storm-related conditions. Idalia weakened to a tropical storm Wednesday evening, but officials said it would take time for flood waters to recede in some areas. Florida Division of Emergency Management officials said the town of Perry, in Taylor County, suffered extensive damage in the storm. Some buildings there caught on fire and had collapsed roofs. Other small towns in the hardest-hit part of the Big Bend region included Horseshoe Beach, Steinhatchee and Keaton Beach, and the island community of Cedar Key, which was covered by a record 7 feet of storm surge. Electric companies were making quick progress restoring power after the storm moved through. About 180,000 customers in North Florida remained without electricity late Wednesday evening. The counties hit hardest by power losses were Madison, Jefferson, Suwannee, Taylor, Hamilton, Dixie, Lafayette, Columbia, Gilchrist, Levy and Wakulla. Tampa Bay Times / Orlando Sentinel / Sun-Sentinel / Tallahassee Democrat / Florida Politics / Associated Press / Reuters / USA Today / CNN

President Biden will visit the Big Bend coast on Saturday. The president announced the trip while visiting FEMA headquarters to thank emergency personnel for their work in responding to recent disasters, including Hurricane Idalia which hit the Florida region this week. Miami Herald / Orlando Sentinel / Politico / CBS News / CNN / Reuters

Fears of Change After Storm Demolishes Properties - Hurricane Idalia badly damaged a number of "old Florida" homes owned by working people in Florida's Nature Coast and Big Bend areas along the Gulf Coast between Tallahassee and the Tampa Bay area, giving rise to fears about how redevelopment may change the character of the area, or even force some people to leave rather than rebuild. Rustic, waterfront houses more likely to be owned by local working people than used as vacation rental properties may not be able to be rebuilt in the same ways because of Florida construction laws, and a rush to redevelop could price some locals out anyway. It's happened before in the wake of big storms along the Panhandle and in Southwest Florida. One fear is the enforcement of more stringent construction requirements that owners of older homes hadn't been required to follow. "We're scared FEMA is going to come here and do code enforcement," said fishing guide Hope Reinke of Horseshoe Beach. "We just don't want change in our little Horseshoe." Advocates for building more resilient communities as the climate changes say stronger codes are exactly what's needed to protect residents from losing their property, though. "The fact that any of those homes are still standing is the result of codes," said former Florida emergency director and former FEMA Chief Craig Fugate. "Every one of them elevated houses, that ain't old Florida." To be eligible for federal flood insurance, local communities have to agree to certain structural standards, including requiring substantially damaged homes to be built to more updated codes, often including elevating the structures. But after other recent hurricanes in Florida, local residents have balked at expensive updates and local governments have pushed back at that requirement in some places. Another issue is developers buying up damaged properties at low prices and then rebuilding and selling higher, pricing out some locals. "It's what's happened in Mexico Beach. It's what’s happening in Sanibel. To a certain degree, that will happen there too," Fugate said. Miami Herald

AFTER IDALIA: Recovery efforts, including restoring power and searching damaged properties, have begun after the category 3 storm made landfall in a sparsely populated area of the Gulf Coast before crossing parts of North Florida into Georgia.

LONG WAY BACK: A long recovery starts for Taylor County, a rural area hit by Idalia. “There’s going to be a lot … (needed) to get everything back up and running again,” Gov. DeSantis said.

President Biden called Gov. Ron DeSantis on Thursday about the major disaster declaration he signed for the state in response to Hurricane Idalia, saying the state will get “all available federal resources,” The Hill reports. 

Hurricane Idalia, Cat 4 Storm, Hits Big Bend Coast - Hurricane Idalia strengthened into a powerful Category 4 storm with sustained winds of 130 mph early Wednesday before making landfall on Florida's Big Bend Gulf coast in Taylor County. The National Hurricane Center said the storm would bring "catastrophic storm surge and destructive winds," as it pushed ashore in the area along the Gulf near Keaton Beach in Taylor County about 20 miles south of Perry. Storm surge as high as 12-16 feet was expected in some areas along that part of the Gulf coast. Gov. Ron DeSantis on Tuesday expanded the Hurricane Idalia emergency declaration to include three additional counties: Brevard, Orange and Osceola. Florida's state of emergency now covers 49 out of 67 counties. The executive order frees up state funding sources and makes other resources and support available for the regions in the storm's path. Associated Press / Reuters / The Weather Channel / CNN / Orlando Sentinel / Tampa Bay Times / Tallahassee Democrat / New York Times / CNBC

Gov. Ron DeSantis and First Lady Casey DeSantis initiated the use of the Florida Disaster Fund to aid areas affected by Hurricane Idalia. Administered by the non-profit Volunteer Florida Foundation, the state-run Florida Disaster Fund is supported by donations. DeSantis Press Release

As the state prepares for a potential storm this week, Lt. Gov. Jeanette Nuñez highlighted Florida's currently ongoing disaster preparedness sales tax holiday. Standard disaster supply kit materials such as flashlights, batteries, tarps and generators will be tax free through Sept. 8. The tax holiday also includes household items like laundry detergent and paper towels. Additionally, certain pet supplies will also be tax free, including food, cat litter, kennels and collapsable bowls. State officials suggest residents have enough supplies to last one week without power. For a complete list of eligible items, visit the Florida Department of Revenue's website. WTSP / WINK / WPLG / WFLA

Attorney General Ashley Moody reinstated the state's price gouging hotline ahead of a potential storm, allowing consumers to report excessive price increases. Florida law prohibits unjustified price hikes for essential items like equipment, food, gasoline, hotels, ice, lumber and water in the event of tropical storms and hurricanes. AG Press Release / Florida Politics 

President Joe Biden approved a request for a declaration of a state of emergency in Florida because of the approaching storm. The approval authorizes the U.S. Department of Homeland Security's Federal Emergency Management Agency, or FEMA, to coordinate all available disaster relief efforts and resources, including 75% federal funding coverage under the public assistance program. The White House / Reuters / Axios / The Hill / WFLA  

Gov. Ron DeSantis on Monday ordered the suspension of tolls on Florida's west coast to help residents evacuate due to Hurricane Idalia. Toll suspension will begin on Aug. 29 and last for a week, with normal toll operations resuming on Sept. 5. The suspension applies to various facilities, including highways and expressways in Hillsborough, Citrus, Hernando, Pasco, Lake, Sumter, Orange and Pinellas Counties. DeSantis Press Release

Chief Financial Officer and Fire Marshal Jimmy Patronis cautioned electric vehicle owners to park cars away from storm surge areas as the state prepares for Idalia. He highlighted the risk of saltwater compromising EV batteries and causing fires. Patronis noted the instances of EV fires after Hurricane Ian and the difficulty in extinguishing them due to saltwater exposure. He previously called for assessments of EV risks during disasters and steps to protect first responders from EV fires.Patronis Press Release / Florida Politics

The Public Service Commission rescheduled a hearing to consider Peoples Gas System, Inc.'s petition for a rate increase due to the expected effects of what is expected to be Hurricane Idalia. Originally scheduled to begin Tuesday, the hearing will now begin Sept. 12. PSC

Industry Officials Say Insurers Prepared to Cover Idalia - Insurers are closely watching Hurricane Idalia and whether its path will take it into heavily populated areas along Florida's Gulf coast, but industry officials say companies will be able to handle claims that result from the storm. "Florida's property insurance market remains very volatile, but the insurance industry is well-capitalized to pay Idalia claims," said Mark Friedlander, a spokesperson for the Insurance Information Institute. "One of the biggest reasons is insurers have been able to obtain adequate reinsurance policies this year."  CNN / WPTV

Governor …

Gov. Ron DeSantis put campaign events on hold as a potential hurricane threatened the state. Politico / Associated Press

“DeSantis issues state of emergency for 33 counties, including Big Bend area, ahead of storm” via Jennifer Sangalang of the Tallahassee Democrat — DeSantis issued a state of emergency Saturday for 33 counties ahead of a potential hurricane headed for Florida. A weather advisory from the National Hurricane Center in Miami had said there was a risk of dangerous storm surge, heavy rainfall, flash flooding, strong winds, hazardous seas, and the potential for isolated tornadic activity for the Florida Big Bend and portions of Florida's Gulf Coast. The order from DeSantis mentions 33 counties — Florida has 67 counties.

Business …

‘TOOL TIME’ TAX HOLIDAY STARTS - The state will start what it calls the “tool time” tax holiday that will allow shoppers to avoid paying sales taxes on a variety of items such as hand tools, ladders, shovels, tool belts and work boots. The tax holiday will end Sept. 8.  For a full list of items, go to www.floridarevenue.com/tooltime

NCCI Recommends 15% Reduction in Workers' Compensation Rates for Fla Businesses - Florida businesses are set to benefit from a 15% reduction in workers' compensation rates proposed by the National Council on Compensation Insurance, or NCCI, starting Jan. 1. The recommended decrease is based on favorable loss experience data from Policy Years 2020 and 2021. The move has been applauded by business associations. The NCCI's recommendation is subject to review and approval by the Florida Office of Insurance Regulation. The proposed rate factors in changes in the medical fee schedule and accounts for a lower profit and contingency factor. Florida's workers' compensation system, a no-fault arrangement, provides benefits for workplace injuries and prevents workers from suing their employers. Florida Politics / News Service Florida

Gas Prices Down, But Could Rebound Gasoline prices went down in Florida last week. But that could change amid increased demand as the Gulf Coast braces for a powerful hurricane and as the state addresses a fuel-contamination problem in some areas. With what is expected to become Hurricane Idalia headed toward the Gulf Coast, the Florida Department of Agriculture and Consumer Services released a list late Sunday of 29 stations — mostly in the Tampa region and Southwest Florida — that likely received contaminated gas supplied by Citgo. The contamination was caused by “human error” at the Port of Tampa, according to the department. The average price of a gallon of regular unleaded Monday in Florida was $3.70, down 11 cents from a week earlier. The national average price Monday was $3.82, down a nickel from a week earlier. “Although the national average did a U-turn this week, the road ahead could lead to higher prices,” AAA spokesman Andrew Gross said in a prepared statement. “Ongoing concerns regarding potential storm activity could hinder falling pump prices this fall.” Data from the Energy Information Administration showed demand for gas jumped 0.7 percent last week, which was offset by a slight increase in the overall domestic gasoline stock. Meanwhile, trading in oil continues to hover around $80 a barrel, a price that could go lower as concerns about an economic slowdown in China, the world’s largest importer of crude oil, could push global demand down. Florida’s average price Monday was 2 cents higher than a month ago and 9 cents higher than a year ago.

‘Florida fatigue’ slows South Florida tourism this year, after pandemic breakout - After three strong pandemic years when business flourished for South Florida’s critical tourism industry because this area was one of few destinations in the world that essentially kept beaches and other visitor attractions open, travelers have many other places to go in the United States, Europe, Asia and the Caribbean for vacations this year. [Source: Miami Herald]

Legislature …

Federal prosecutors are asking a judge to sentence former state Rep. Joseph Harding to prison time after he pleaded guilty to fraudulently collecting about $150,000 in COVID-19 relief funds intended to help small businesses, Click Orlando reports.

Courts …

COURTS SHRINKAGE: Judges, prosecutors and public defenders from the Florida Keys to the Panhandle are vehemently opposing an effort to shrink the number of state judicial circuits, arguing that such a move would further erode public trust in the court system.

The U.S. Supreme Court is scheduled Sept. 26 to discuss whether it will hear a First Amendment challenge to a 2021 Florida law that placed restrictions on major social-media companies, the News Service of Florida reports

COVID …

COVID LOOKOUT: Using wastewater monitoring data, an algorithm detects spikes in COVID-19 before outbreaks happen, giving public health officials a jumpstart in keeping the coronavirus under control.

Campaigns and Elections …

Florida's Law Making Felons Seek Restoration of Rights to Vote Could Affect Trump - If former President Donald Trump were convicted on any of the 91 felony criminal charges he is facing, he would be ineligible to vote in Florida, where he is registered. He also would lose his right to hold public office, though it's not clear whether that would include federal offices such as president, or just state and local office. CNN

“Trump's campaign says he has raised more than $7 million since Georgia arrest” via Marina Pitofsky of USA Today — Trump’s campaign said it has raised $7.1 million since Thursday when he was arrested in Georgia on charges he tried to steal the 2020 Presidential Election. Trump representative Steven Cheung said the campaign raised $4.18 million on Friday alone, marking its highest-grossing day so far. Trump has long fundraised off his legal challenges. After his Thursday arrest, Trump posted a photo of his Fulton County booking photo alongside a link to a fundraising page. Trump's joint fundraising committee brought in a staggering $53.8 million from the start of the year to the end of June.

“DeSantis reports raising more than $1 million as Republicans hope for post-debate boosts” via Meg Kinnard of The Associated Press — In a statement, Campaign Manager James Uthmeier said that DeSantis “showed Wednesday night that he is a proven leader who will deliver results as President, and we are thrilled with the flood of support we have received since his debate victory.” After being briefed in Milwaukee by top DeSantis campaign staffers, several donors told AP they were pleased with the Governor’s performance, as further evidenced by the fundraising. “It’s showing with the contributions that are coming in,” Pete Snyder, an investor and DeSantis donor, said Thursday. “We had a huge day.”

Polling released after the first GOP presidential candidate debate shows DeSantis is struggling to court younger GOP voters, netting just 5% support with Republicans under the age of 54, Florida Politics reports. 

Another poll has DeSantis’ improving since the first Republican primary debate, this time increasing by two points, Florida Politics reports. 

Miami Mayor Francis Suarez announced on X that he will be suspending his bid for the 2024 Republican presidential nomination after he failed to qualify for the first GOP debate in late August, National Review reports.

Healthcare Related Articles

First Bill of 2024 Filed, Would Make Doctor Non-Competes Invalid - A House Republican on Monday filed a proposal that would eliminate certain agreements that restrict where physicians can practice. Florida is one of several states around the country that have a statute allowing physician non-compete covenants with some restrictions, according to the American College of Cardiology. In 2019, lawmakers passed HB 843, making some restrictive covenants related to specialty physicians void and unenforceable for a specified period in certain cases, citing concerns about patient access and rising health care costs. The newly filed measure, HB 11, aims to expand on the earlier restriction and eliminate such restrictive covenants for all physicians in the state. The bill, filed by Navarre Republican Rep. Joel Rudman, who is a physician, is the first to be introduced ahead of the 2024 regular legislative session, which is scheduled to start on Jan. 9. News Service Florida 

Several states around the country are considering legislation aimed at restricting the titles health care practitioners can use. Such legislation could return in Florida in 2024, after a measure (SB 230) preventing non-physicians from using certain titles was vetoed earlier this year. Becker's Hospital Review

Floridians Losing Medicaid Benefits Primarily Due to Procedural Reasons - As the state continues Medicaid redeterminations following the end of the COVID-19 federal emergency, recent data reveals that over half of those removed from the safety net program were due to procedural reasons, including issues like unresponsive mail, outdated contacts or technical glitches. Some Floridians have also reported difficulty contacting the state Department of Children and Families, citing call abandonment and long wait times, according to the Florida Policy Institute. Around 400,000 were removed from Medicaid, primarily due to procedural reasons versus eligibility requirements, according to the Kaiser Family Foundation. Children comprise a large portion of those affected, with around 120,000 losing coverage. Most kids still qualify for other subsidized health programs, but the transition has been slow. The federal government said it is investigating issues with the renewal process in several states, though Florida's status remains uncertain. WMFE 

Medicaid: As of late August, Florida had disenrolled more than 400,000 people from the Medicaid rolls as the states restore pre-pandemic eligibility requirements. That's the second most in the country after Texas. Nationwide, about 5.4 million people have been disenrolled in 45 states and the District of Columbia. Kaiser Family Foundation

Florida is approaching 90,000 reported fatalities linked to the COVID-19 pandemic which began in 2020. Data from the state Department of Health shows 89,905 deaths as of Thursday, up from 89,565 in early August. The timing of these additional deaths remains uncertain due to reporting delays. Among the deaths, 77.6% involved people aged 65 or older, and 85.2% were aged 60 or older. There has been a recent rise in reported COVID cases, with the highest numbers in a 10-week period. Officials reported 18,518 new cases in the week starting Aug. 11 and 18,556 new cases in the week starting Aug. 4. News Service Florida

Toxic PFAS chemicals, known as "forever chemicals," have affected the drinking water of approximately 26 million people in multiple U.S. communities. PFAS are widely used in everyday products but pose some health risks without a safe exposure level. The federal Environmental Protection Agency is testing water for PFAS and has found elevated levels in 431 out of around 2,000 tested water systems. Florida's water systems, including Orangewood and Pembroke Pines, show PFAS levels surpassing proposed EPA limits. WUSF

Doctors Hopeful New Golf Cart Regulations Will Limit Injuries Among Youth - Health care providers hope a new law requiring Floridians to have a valid driver's license or learner's permit to drive golf carts on certain streets will prevent injuries among children and teenagers and improve golf cart safety in the state. Johns Hopkins All Children's Hospital in St. Petersburg treated 16 cases of serious golf cart injuries this year alone, with head injuries, including brain bleeds and fractures being the most common. The new law, passed unanimously by lawmakers during the 2023 legislative session as HB 949, bans children under 14 from driving golf carts on most public roads. It also provides more uniform state rules instead of multiple local regulations, or lack thereof, requiring those under 18 to have driver's licenses and learner's permits free of suspensions and revocations. Additionally, drivers must always carry identification when operating a golf cart on public roads. The law treats violations as "noncriminal traffic infractions," using warnings and tickets to deter offenders. It takes effect on Oct. 1. WUSF

Florida Atlantic University's College of Nursing, in partnership with the University of Miami, will study the effects and risks of sugar cane burning on brain inflammation, Alzheimer's and other dementias. Researchers were awarded a $4 million grant from the National Institutes of Health to conduct the study. Particles released from sugar cane burning, which is primarily done for easier and cheaper crop harvesting, have been found to cross the blood-brain barrier. The study will span five years. Health News Florida

Senate President Kathleen Passidomo, R-Naples, appointed Tarpon Springs Republican Rep. Adam Anderson to the state's Rare Disease Advisory Council on Friday. In 2021, lawmakers agreed to create the council (SB 272) within the Department of Health to provide recommendations on improving health outcomes for Floridians with rare diseases. Passidomo Press Release

Abortion laws were among several health issues discussed by Republican candidates, including Gov. Ron DeSantis, in the first 2024 presidential primary debate in Milwaukee last week. The debate addressed issues including COVID-19, gun violence and mental health. Kaiser Family Foundation

The Florida health system competing with tourism — and still winning workers - During the pandemic, many health systems cut their employee offerings as a method of cost containment. The battle to build a workforce extends beyond the healthcare industry. That's especially true in hospitality-saturated Florida, where hotels, restaurants, theme parks and retail chains are all tapping from a similar pool of nonclinical workers. [Source: Becker's Hospital Review]

$29M Medicare overbilling settlement largest ever for health fraud in the region - A Florida-based company has agreed to pay $29 million to resolve a whistleblower complaint pursued by federal authorities in overbilling Medicare for oxygen equipment provided to patients with respiratory ailments. The agreement with Lincare Holdings Inc. was announced Monday in Spokane by U.S. Attorney Vanessa Waldref, who said it was the largest-ever health care fraud settlement in eastern Washington. Lincare does business at its satellite offices in East Wenatchee and Omak. [Source: The Center Square]

The rate of kindergartners in Florida who have been granted exemptions to allow them to go without being vaccinated has more than doubled since 2012, Axios reported. Across the state, just under 4% of kindergartners got such an extension in 2022, compared to 1.5% in 2012. Axios Miami

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