Legislative Update - September 29, 2023

It is hard to believe that it’s been one year since Hurricane Ian hit Florida becoming the state’s deadliest storm in almost a century.  The storm hit the Southwest part of the state with 155-mile winds on Sept. 29 last year, leaving destruction across much of the state. Lee County, which includes Fort Myers, was worst hit, with about $35 billion worth of damage alone.

Tuesday was the DeSantis’ 14^th wedding anniversary!

Give us back open carry, the National Foundation for Gun Rights is telling Gov. Ron DeSantis, Attorney General Ashley Moody and state lawmakers. In a late Monday afternoon press release, the group – the legal branch of the National Association for Gun Rights – called on state officials “to address the state prohibition on open carry of firearms.”

“For years, the state of Florida has unconstitutionally banned the exercise of the open carry of firearms. Florida recently had the opportunity to correct this statutory error and bring Florida’s Code of Laws into alignment with the Second Amendment … by repealing the open carry prohibition along with the enactment of permitless concealed carry, but Florida’s lawmakers failed to do so,” association president Dudley Brown said in a letter. 

Vice President Kamala Harris will visit Florida International University as part of an upcoming month-long tour called "Fight for Our Freedoms." This visit marks her third trip to Florida in three months and is part of an effort to mobilize young voters. Harris will engage in a moderated discussion with students on various issues, including abortion rights, gun safety, climate change, LGBTQ equality, mental health and book bans. The tour aims to strengthen Democratic outreach in the state, especially in Miami-Dade County, where Republicans have made gains among Hispanic voters. Florida Politics 

Starting Sept. 30, 2023, Florida's minimum wage will rise to $12.00 per hour, with tipped employees earning a minimum of $8.98 per hour. Employers in the state are required to display the current minimum wage at their workplaces. The increase is in line with Amendment 2, passed by voters in 2020, which aims to gradually raise the state's minimum wage by $1 annually until it reaches $15 an hour by 2026. Further increases will be tied to inflation once the $15 per hour goal is reached in September 2026. Tampa Bay Times / FlaglerLive / WFLA / WTSP 

Governor …

Gov. Ron DeSantis has ordered the suspension of school choice scholarships at four schools suspected of having links to the Chinese Communist Party. The affected schools are Lower and Upper Sagemont Preparatory Schools in Weston, Parke House Academy in Winter Park and Park Maitland School in Winter Park. The decision follows an investigation by the Florida Department of Education, which concluded the schools' "connections constitute an imminent threat to the health, safety, and welfare of these school's students and the public." State education agency officials said the Sagemont schools are owned by Primavera Holdings, a Hong Kong-based investment firm owned by Chinese nationals. Due to the suspension, nonprofit scholarship-funding organizations are assisting affected students in enrolling in other eligible schools. A new state law, passed as SB 846 earlier this year, prohibits schools affiliated with foreign "countries of concern" from participating in Florida's school choice scholarship programs. "We will not put up with any attempt to influence students with a communist ideology or allow Floridians' tax dollars to go to schools that are connected to our foreign adversaries," said the governor. Park Maitland and Sagemont officials said they don't have ties to any government or political party and want more information about the allegations. DeSantis Press Release / The Hill / Orlando Sentinel / Sun Sentinel / Politico Playbook / National Review / WKMG / WPLG / WESH / WFTV

Legislature …

Senate President Kathleen Passidomo says state Sen. Tom Wright made some “very serious allegations” about the Volusia County domestic violence shelter that banned him, but also called reports about his behavior there “troubling,” the Daytona Beach News-Journal reports. 

New Criminal Penalties Among New Laws In Effect Oct. 1 - A new law allowing the death penalty for people convicted of child rape, passed as HB 1297, is one of more than two dozen measures that take effect this Sunday, Oct. 1. Under the bill, if at least eight jurors determine the defendant should be sentenced to death, the jury would have to recommend a death penalty, although judges can decide to impose a life sentence instead. The measure challenges a prior Florida Supreme Court ruling on when the death penalty is appropriate, but Gov. Ron DeSantis said when signing the measure that he thought the current court might overturn that ruling. Among other legislation going into effect this weekend is a bill (HB 67) that adds court justices, judicial assistants, clerks of court, clerk personnel, and family members of those court officials to a list of people protected by a law that makes it a crime to harass law enforcement officials. Another measure going into effect on Sunday (HB 319) puts new criminal penalties in place for interfering with sports events or concerts, while another measure (HB 825) increases criminal penalties starting Sunday for people who assault emergency medical or hospital personnel. Other measures taking effect on Sunday include a bill (HB 1047) that makes it a felony to violently resist police animals, such as horses or dogs, in addition to human police officers. In addition to full bills that go into effect on Sunday, a few bills passed this year had Oct. 1 effective dates or deadline requirements for certain parts of the bill. Among those is legislation (HB 1645) that shifted to the governor's office control of Gainesville's utility services. Terms start Oct. 1 for new members of the board overseeing the utility, who are now appointed by Gov. Ron DeSantis, who appointed three new members to the board earlier this week.  Oct. 1 is also the deadline for law enforcement agencies in Florida to have reported to the Florida Department of Law Enforcement that they have adopted a written plan for active shooter, or "active assailant," situations under a provision in a broader measure (HB 543) that allows people to carry concealed weapons without a permit. Most of the measure went into effect in July.  List of Oct. 1 New Laws / LobbyTools New Laws Page

Business …

Despite minimum wage increase and growing Florida economy, many workers are struggling - While Florida is posting near-historic low unemployment rates and strong job growth, experts say that's not the full picture. Wages for common Florida industries, including leisure and hospitality, are lagging, said Julia Goldman, who studies cost-of-living trends in the greater Tampa Bay region. “Unemployment is low right now, and there are lots of jobs, that's great,” she said. “But if the basic costs are increasing faster than wages – which they are – that's a huge problem.” [Source: WUSF]

Business owners say minimum wage hike will strengthen the economy - Florida’s minimum wage will increase from $11 to $12 an hour on Sept. 30 and business leaders across Florida are welcoming the raise, saying it will boost consumer spending, bolster local businesses and strengthen the economy. Florida’s minimum wage will continue to increase by $1 per year until it reaches $15 in 2026, followed by cost of living increases in subsequent years. [Source: South Central Florida Life]

“Dropping demand fuels 8-cent dip in state average gas price per gallon” via Anne Geggis of Florida Politics — Florida gas prices dropped 8 cents from a week ago, hitting $3.61 per gallon Monday, a 14-cent drop from a month ago, and 24 cents lower than 2023’s high of $3.85 per gallon on Aug. 17. Waning demand is driving the trend, AAA officials say. Production cuts by OPEC and other countries, particularly Saudi Arabia and Russia, had crude oil prices strengthening earlier. But a dive in demand appears to have neutralized the supply side effects. Last week opened with the U.S. price of crude oil setting a new 2023 high of $91.48 per barrel. But by Friday, the closing, per-barrel price at $90.03 showed a 74-cent drop from the closing price the week before.

Florida overtakes New York as second most-valuable housing market in U.S. - The total value of U.S. housing rose more than $2.6 trillion in the past year. The gains haven’t been evenly spread across the country. In California, which contains about one-fifth of the U.S. housing market, prices have declined since June 2022. But in Florida, the value of residential property has risen $160 billion in that period — pushing the Sunshine State ahead of New York in the national rankings. [Source: Financial Post]

 Avoid being house poor in South Florida? You’ll need to earn this much money[South Florida Sun-Sentinel]
The typical South Florida household — which could constitute a single renter, a young couple or a budding family buying their first home — must rake in $111,914 a year, otherwise their incomes are almost completely swallowed by housing expenses, or they are paying more than the widely recommended 30% of their income in rent. “That means on average, you’ll have more difficulty paying for things like homeowners insurance, renter’s insurance, automobile and health care insurance,” said Ken H. Johnson, a real estate economist at FAU’s College of Business.

Miami-Dade’s worker heat protection bill was a milestone. Lobbyists are watering it down - When it was introduced in July, a landmark Miami-Dade County bill proposed heat safety regulations that would have protected outdoor workers for nearly half the year. After negotiations with lobbyists in the construction and agriculture industries, the latest version of the bill — scheduled for a final vote before the County Commission next month — would take effect for less than five days a year, on average. More from the Miami Herald.

POWER PLAY: The Florida Supreme Court said state regulators did not adequately justify approval of a settlement that increased base electric rates for Florida Power & Light and ordered a new explanation.

COVID …

A Kaiser Family Foundation poll finds that 23% of adults in the U.S. will "definitely" get the new COVID vaccine, while another 23% say they will "probably" get the shot. There is a political divide evident in the data: 69% of Democrats, in contrast to just 25% of Republicans, say they'll get the updated vaccine. A separate Gallup survey also surfaces partisan differences in attitudes toward the trajectory of COVID cases. The Hill / ABC

Campaigns & Elections …

Florida Democrats’ voter registration efforts continue to struggle to gain traction as the state’s Republican Party keeps growing its own registration lead, the Palm Beach Post reports. 

Congressional Redistricting Case Before Federal Court Panel Today - A three-judge panel of a federal court today will begin a hearing on the constitutionality of Florida's redrawn 5th Congressional district. The former north Florida district was created to be likely to elect a Black member of Congress but was carved up to erase that likelihood in a new map drawn by the DeSantis Administration. The judicial panel is being asked to decide whether elimination of the historically Black-performing district violates the 14th and 15th Amendments' prohibition on intentional racial discrimination and the outcome could be a major factor in determining control of the U.S. House after the 2024 election. Civil and voting rights groups sued in federal court to block the new map, which dismantled the district that had been held by a Black Democrat, former U.S. Rep. Al Lawson. The hearing is expected to continue for several days. Politico Playbook / Democracy Docket

DEBATE NIGHT: Here are five points to ponder about the second Republican presidential debate. One is: Will DeSantis be more aggressive this time?

"Ron DeSantis clears a debate hurdle. Will it be enough to build on?” via Nicholas Nehamas of The New York Times

"DeSantis gets praise, but Donald Trump’s lead looms at Iowa debate watch party” via Sabrina Rodriguez of The Washington Post

Reports that the third Republican presidential debate will be held in Trump's South Florida backyard raises the question of whether the former president would attend the gathering, or perhaps hold his own split-screen event at Mar-a-Lago, the Palm Beach Post reports

The Republican Party of Florida confirmed both Gov. Ron DeSantis and former President Donald Trump will attend a November event.

The rivals for the Republican nomination for President both confirmed their attendance at the Florida Freedom Summit on Nov. 4. The event takes place at the Gaylord Palms Resort and Convention Center in Kissimmee.

Healthcare Related Articles

The Biden administration has proposed federal rules to prevent unpaid medical bills from harming credit scores. The Consumer Financial Protection Bureau plans to develop the rules next year. While the move faces industry opposition and legal challenges, it has received strong support from patient and consumer groups. Some states, like Colorado, have already taken steps to protect consumers from medical debt's credit consequences. Kaiser Health News

“Biden administration announces $600 million to produce COVID-19 tests and will reopen website to order them” via Will Weissert of The Associated Press — The Biden administration announced Wednesday that it is providing $600 million in funding to produce new at-home COVID-19 tests and is restarting a website allowing Americans to again order up to four free tests per household, aiming to prevent possible shortages during a rise in coronavirus cases that has typically come during colder months. The Department of Health and Human Services says orders can be placed at COVIDTests.gov starting Sept. 25, and that no-cost tests will be delivered for free by the United States Postal Service. Twelve manufacturers that employ hundreds of people in seven states have been awarded funding and will produce 200 million over-the-counter tests to replenish federal stockpiles for government use.

A Kaiser Family Foundation poll finds that 23% of adults in the U.S. will "definitely" get the new COVID vaccine, while another 23% say they will "probably" get the shot. There is a political divide evident in the data: 69% of Democrats, in contrast to just 25% of Republicans, say they'll get the updated vaccine. A separate Gallup survey also surfaces partisan differences in attitudes toward the trajectory of COVID cases. The Hill / ABC

Reported COVID-19 cases in Florida have decreased in the past two weeks after a summer spike. Recently-released data shows 19,019 cases for the week starting Sept. 1 and 15,690 cases for the week starting Sept. 8, down from the summer's peak of 23,978 cases in the week starting Aug. 25. Florida has now seen nearly 91,000 COVID-19 deaths, with the majority involving those aged 65 or older. While the virus has entered an endemic stage, risks remain for the unvaccinated and those with underlying health conditions. New vaccines are available, and health officials are monitoring variants like EG.5 and BA.2.86. Data is released every two weeks by the Florida Department of Health. News Service Florida 

The Centers for Disease Control and Prevention recommend a new vaccine, Abryvso, developed by Pfizer, to protect infants from respiratory syncytial virus, or RSV, by vaccinating expectant mothers during the third trimester. RSV is a leading cause of infant hospitalization in the U.S., resulting in numerous yearly medical visits, hospitalizations and deaths in children under five. The federal Food and Drug Administration approved the vaccine for pregnant women in the 32 to 36 weeks of gestation range. CDC Press Release / NPR / Washington Post / NBC

Health insurers would be required to provide annual skin cancer screenings at no extra cost to policyholders under a measure (SB 56) refiled this week by Stuart Republican Sen. Gayle Harrell.

Citrus County has opened its first licensed methadone clinic to address opioid addiction. Methadone is prescribed by doctors to reduce opioid cravings and withdrawal symptoms. Operation PAR, a nonprofit, operates the clinic, its tenth treatment center in Florida. In 2021, Citrus County reported 56 drug-related deaths per 100,000 residents, higher than the statewide rate of 38.5 fatalities per 100,000.WUSF

Consulting firm McKinsey agreed to pay $230 million to resolve lawsuits by hundreds of U.S. local governments and school districts that alleged the firm helped fuel an epidemic of opioid addiction through its work for bankrupt OxyContin maker Purdue Pharma and other drug companies. The settlements were disclosed in papers filed on Tuesday in federal court in San Francisco. The proposed settlement still needs a judge's approval and would be on top of $641.5 million McKinsey already paid to resolve claims by state attorneys-general. Reuters

The state Department of Health announced Wednesday that the new Florida Cancer Connect Innovation Fund will begin accepting applications for grants of up to $2 million each for projects aiming to improve cancer research and treatment beginning Oct. 4. The state budget included $20 million in general revenue to create and fund the new state program. DOH Press Release

Rules Approved for Implementing 'Prescription Drug Reform Act' - Gov. Ron DeSantis and the Florida Cabinet, acting as the Financial Services Commission, gave the green light to the Department of Financial Services to publish rules implementing a new governor-backed law to lower prescription drug costs by regulating pharmacy benefit managers, or PBMs. The proposal also is intended to promote more transparency in the pharmaceutical industry. The new law, passed earlier this year 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. The new rules include registration requirements for pharmacy benefit managers, mandating they become fully regulated as insurance administrators, with a fine of $10,000 per violation per day for non-compliance starting on Jan. 1. "For too long, PBMs and Big Pharma have made extraordinary windfalls by operating behind closed doors – deciding which prescriptions are covered, where they can be purchased, and how much they cost," said DeSantis. "These rules will continue our efforts to lower prescription costs and make corporations responsible to the patients they serve." Some, however, fear legal challenges may arise in an attempt to block the recent changes following a decision made by a federal appellate court that rules some provisions in an Oklahoma PBM law violate federal regulations. The American Medical Association also recently released data showing a decline in competition in PBM markets. DeSantis Press Release / Florida Politics

Over 80% of nursing homes currently fall short of proposed CMS staffing thresholds

https://www.healthcaredive.com/news/over-80-of-nursing-homes-currently-fall-short-of-proposed-cms-staffing-thr/694080/

Judge won’t block Florida ban on deducting union dues from paychecks - Dealing a blow to teachers unions, a federal judge has refused to block part of a new Florida law that prevents union dues from being deducted from workers’ paychecks. Chief U.S. District Judge Mark Walker on Friday issued denied a preliminary injunction sought by the Florida Education Association, the United Faculty of Florida and unions representing employees of the Alachua County, Hernando County and Pinellas County school districts and the University of Florida. [Source: Orlando Sentinel]