LobbyTools Policy Briefing 8/12/2022
Here's your weekly wrap-up of legislative news in Florida. Brought to you by the policy professionals at LobbyTools

LobbyTools Policy Briefing 8/12/2022

Education

Back to School

Students in most Florida school districts returned to classes this past week, even as many school systems were still trying to work through teacher and staffing shortages. Some saw higher cafeteria food prices, and districts also are trying to work through new state rules related to teaching about gender and same-sex relationships. Also new this year are "panic button" systems for staff and teachers in case of a shooting, a requirement that resulted from the 2018 Parkland school murders, while some districts will have other new safety measures in place. Tampa Bay Times / Orlando Sentinel

Teacher: District Official Removed Black History Posters

An Escambia County special education teacher resigned a day before the new school year started after alleging that a district employee removed posters of historic Black American figures from his classroom bulletin board. Michael James, a teacher with 15 years of experience, said he put Black American heroes on the board because the population surrounding O.J. Semmes Elementary School is predominately Black and he wanted to motivate his students with inspirational leaders they could relate to. Some of the images removed included depictions of Martin Luther King Jr., Harriett Tubman, Colin Powell and George Washington Carver, James said. James, who leaves his job amidst a national teacher shortage, reported the incident by sending a letter to Gov. Ron DeSantis and Escambia County Superintendent Tim Smith. The district employee who allegedly removed the material claimed the images were "age inappropriate." Superintendent Smith said teachers are permitted to use educational materials, such as American heroes, to decorate their classrooms. He also said an investigation of the incident is underway. Pensacola News Journal

DeSantis Promotes Vet Teacher Program

Gov. Ron DeSantis this week promoted a new state law allowing certain veterans to receive a teaching certificate by counting military experience in lieu of some other requirements. The governor also announced a new website aimed at recruiting veterans to participate in the program. The new law, passed as SB 896 , provides a pathway for veterans who don't have a bachelor's degree to obtain a temporary teaching certificate that can last up to five years while they finish school. Qualifying veterans would work under the supervision of a licensed "teacher mentor" for at least two years. To be eligible, service members would have to have completed four years of active military duty and have 60 hours of college credit with a minimum grade point average of 2.5. They also would be required to pass a state subject area exam and clear a background check. The Department of Education is in the process of implementing rules for the program. DeSantis Press Release / Florida Politics

?UF Faculty Have Academic Freedom Concerns

University of Florida faculty members are concerned about their academic freedom and the ability of the school's leadership to pick a new president, according to a recent survey. Out of the 2,000 surveyed, 623 faculty members replied and 67% said they agreed that they couldn't "openly express a dissenting opinion about the administration's policies without fear of reprisal." Nearly 75% disagreed with the assertion that the UF Board of Trustees "ensures that the university is free from undue political influence." Roughly 70% expressed a lack of trust that the board will select a new president who "prioritizes academic, scholarly and faculty interests." And over 60% of respondents said they would consider leaving the university if a similar job was offered elsewhere. Meera Sitharam, vice president of the United Faculty of Florida union chapter at UF, has led the survey since 2013 and was surprised at the results – especially at the fact that over 70% of engineering faculty expressed concerns over excessive political influence. The survey results follow a year in which lawmakers and Gov. Ron DeSantis have extensively discussed what universities and other schools should be able to teach, and how. Tampa Bay Times / Gainesville Sun

Science Scores: Fewer than half of Florida fifth graders passed a statewide science exam this year. Florida Phoenix

Safer Schools: Broward voters will be asked to increase their property taxes for four years to pay for teacher raises, hiring more school security, and improving mental health programs in Broward public schools. The Broward school district is seeking to raise about $227 million a year over four years with the proposal. Miami Herald

Nurses Needed: The University of Florida is seeking 20 new faculty members to prepare for an influx of nursing students. The Bachelor of Science in Nursing program at UF Health Jacksonville is expected to increase by 50% next year and double in current enrollment by 2025. The Gainesville campus is also preparing for a 15% increase in student enrollment. The state budget included $100 million to create a grant program called "Prepping Institutions, Programs, Employers, and Learners through Incentives for Nursing Education," or PIPELINE. Florida Politics / UF Health Press Release

Health Care

DOH Limits Med Marijuana Treatment Websites

The Florida Department of Health issued an emergency rule on Thursday limiting medical marijuana treatment center websites to one agency-approved site. The new rule also requires the centers to obtain approval from the state before selling products online. Companies have 60 days to comply. The rule comes after the state lost a lawsuit seeking to ban licensed dispensaries from contracting with third-party websites that offer "website purchasing" services to the state's 740,213 qualified patients and their caregivers. The recent regulation also requires medical marijuana treatment center websites to verify that customers are at least 18 years old. Personal information collected from a customer can only be used for product purchases but businesses must maintain records and provide them to the state within 48 hours of being asked. Third-party companies such as Leafly.com and I Heart Jane have websites allowing customers to shop for medical marijuana and place online orders. But in February of 2021, the state threatened to fine businesses that use third-party vendors to sell products. Leafly Holdings challenged the policy in state administrative court and won. Florida Politics

Abortion in the States: Healthcare Dive has an ongoing tracker for abortion bans in the states. Healthcare Dive

COVID, Still: Although COVID-19 infections and hospitalizations have decreased nationwide, nearly 400 Americans continue to succumb to the virus each day. The country's coronavirus death rate has not significantly decreased since the spring. ABC News

Add Monkeypox: Monkeypox cases in Florida almost doubled in a week while the state struggles with only a limited supply of vaccines. The Florida Department of Health reported 985 infections as of Tuesday, up from 525 cases reported last week. The agency ordered the maximum number of monkeypox vaccines available through the federal government, expecting to receive 72,000 doses in installments through October. Politico / Palm Beach Post

FMA President: The Florida Medical Association inducted its 146th president over the weekend. Dr. Joshua Lenchus, a Fort Lauderdale osteopathic physician and Chief Medical Officer for Broward Health Medical Center, will be the medical advocacy organization's new leader. Florida Politics / FMA Press Release

Election Law

What's New in the Law for Voters?

With early voting underway in the Florida primary elections, voters this week saw some small changes in the law. Drop boxes, for example, now called "secure ballot intakes" are only available during daytime hours. One thing that didn't change, despite a heated debate about the possibility: Florida law still doesn't specifically prohibit providing water to people in line waiting to vote. Orlando Sentinel ?

Insurance

How Florida Came to Rely on One Ratings Agency

The most recent threat to the state's troubled property insurance market was what could have been a massive downgrading of the ratings of several companies that could have sent homeowners seeking new coverage. The episode exposed what some say is a flaw in the market: Florida's reliance on a single company to certify most of the state's insurers. Tampa Bay Times-Miami Herald

Medicaid Managed Care: Florida economists project Medicaid managed care plans will see a revenue loss beginning in October. According to Florida Medicaid Director Tom Wallace, Medicaid managed medical assistance plans are expected to see a 4.5% rate reduction and managed dental plans are likely to see an 8.7% reduction. Managed medical assistance, along with dental and children's medical services, are also slated to see a 3.1% decrease in the fall due to the COVID-19 pandemic and the influx of recipients. Managed long-term care plans are, however, projected to see an 8.4% jump in reimbursement rates due to the Legislature's new $15 per hour minimum wage increase for Medicaid provider staff. Florida Politics

State Health Plan: The state employee health insurance trust fund's deficit doubled, and then some, according to the State Employees' Health Insurance Estimating Conference. The group met Wednesday and said the fund has a projected deficit of $170.3 million, up from a December 2021 estimate of $61.8 million. As of June, the program lost 2,394 employees since November 2021, totaling 169,791 enrolled employees with 25,793 employees declining coverage.?Florida Politics

Business and The Economy

More Movies: Film Florida will push lawmakers next year to reinstate tax incentives to bring movie shoots to the state. Florida hasn't offered film industry tax incentives since 2016 and backers of the industry say Florida is losing out to other states on film location decisions. WINK

Cheaper Gas: The national average price of a gallon of gasoline dropped below $4 this past week, according to AAA. In Florida, the average price was lower this week than the $3.99 national average, at $3.70, down from $3.86 a week ago. Both the state and national averages are well below the price a month ago, when Florida gasoline averaged $4.41 a gallon and the national average was $4.68. AAA / Marketwatch / USA Today

Child Welfare

Florida Child Well-Being Ranking Remains Same

A report from the Annie E. Casey Foundation ranked Florida 35th in the nation for children's overall well-being for the third year running. The report, called the Kids Count Data Book , evaluates factors such as economic status, education advancement and access to health care and family and community support. States are ranked in comparison to the rest of the country from 2016 to 2020. Although Florida has made improvements from years past, one in five children are still living below the federal poverty level. In the newly added mental health sector, the report showed that anxiety and depression increased by over 20% among Florida youth. That data didn't directly affect the state's ranking but professionals emphasized that all of the silos are interconnected. "You have to look at kids holistically, and all of these indicators are interrelated," said senior policy analyst and Kids Count director for the Florida Policy Institute Norín Dollard. "So for example kids who experience housing instability, they and their parents have greater mental health issues." The organization recommends expanding access to health care, housing and financial assistance for families in need. It also urges states to increase mental health services, especially for minority populations and LGBTQ+ children. WUSF

Housing

St. Pete Rent: The St. Petersburg City Council rejected a proposal to bring rent control to the city, in one of the areas hardest hit by rising housing prices. Tampa Bay Times

Orange County Rent:?Orange County residents will be able to vote on a ballot measure in November that could lead to rent regulations. Orange County commissioners voted this week to approve the referendum asking voters to approve a one-year rent cap for certain properties starting Nov. 21.?Orlando Sentinel / Florida Politics / WESH

Keys Rent: The Islamorada city council approved an ordinance that will require landlords seeking to raise the rent by more than 5% to give tenants 60 days written notice. Keys Weekly

Homeowner Help: The Department of Economic Opportunity said over 9,900 Florida homeowners have received more than $277 million in relief from the Homeowner Assistance Fund. More than $31 million alone was awarded the first week of August. The program helps vulnerable homeowners financially affected by the COVID-19 pandemic avoid foreclosure and other losses. DEO Press Release

Law Enforcement

DOC Touting Better Pay, Benefits in Trying to Hire Guards

The Department of Corrections is trying to boost staffing at some prisons, and is able to tout higher wages and bonuses for would-be officers. Pay for corrections officers has increased from $33,500 a year to $41,600 and the agency is now offering $3,000 signing bonuses in some cases, and other bonuses to work in certain difficult to fill jobs and for former officers who want to come back to the agency. Ocala Star-Banner

More Officer Pay: Officers working for state police agencies such as FDLE will get an average pay raise of 15%, but the Legislature didn't go along with Gov. Ron DeSantis' effort to provide state officers with an extra $1,000 bonus. Orlando Sentinel

Boating Law: The Florida Fish and Wildlife Conservation Commission tapped Lt. Seth Wagner as the new state Boating Law Administrator. Wagner succeeds Capt. Gary Klein who is retiring.?FWC Press Release

Mar-a-Lago Raid: Gov. Ron DeSantis criticized the "weaponization of federal agencies," in condemning the raid this week on former President Donald Trump's Palm Beach County resort. Politico

Hillsborough Prosecutor: New Hillsborough State Attorney Susan Lopez said she will reverse some policies enacted by her predecessor, Andrew Warren, who was removed from office last week by Gov. Ron DeSantis. Tampa Bay Times

Cannabis

Trulieve Starts Process for Another Cannabis Legalization Ballot Initiative

Backers of legalizing non-medical, or recreational, marijuana use in Florida began the process Monday of trying to get the question on the 2024 ballot. The initiative is being pushed by the state's largest medical marijuana company, Trulieve, along with the country band The Bellamy Brothers. The proposal would ask voters to allow existing medical cannabis companies like Trulieve to begin selling marijuana to adults over 21. If backers can get enough signatures to get the measure on the ballot and gain Supreme Court approval of the ballot language, the measure would need at least 60 percent of Florida voters to approve it for it to take effect. Marijuana Moment / Politico / 'Smart and Safe Florida' Twitter Announcement

Black Farmer Participation in Cannabis Program Still Unrealized

Florida has yet to issue a medical marijuana license to a Black farmer as required by legislators almost six years ago. The state's medical marijuana law specified that one license would go to a Black farmer who participated in a successful discrimination lawsuit against the USDA, Pigford v. Glickman . The state law was passed in 2017 but no Black farmers have been given any of the 22 medical marijuana licenses issued thus far. "The license should have been released going on five, now six years ago, where a lot of the white farmers are now $150 million to $175 million ahead of the game versus the Black farmers that have to start over at zero and are behind the ball again and the medical marijuana industry," said co-founder and president of Zion Infinite Farms Raymond Warthen, who has applied for a license. The Florida Supreme Court validated the state law in May of last year. The Department of Health is sitting on 19 more licenses the law requires it to issue. Associated Press ?

Guns and Cannabis: The Department of Justice is asking a federal court to dismiss a lawsuit by Florida Agriculture Commissioner Nikki Fried that challenges restrictions on gun rights for medical cannabis users. Marijuana Moment / Florida Politics

Utilities

Dems Seek Probe of FPL Political Influence Efforts

Florida Power and Light, the state's biggest utility, is being criticized by some House Democrats over recent reports on the company's alleged efforts to sway political races, including allegations of attempted bribery. Reps. Anna Eskamani , Joy Goff-Marcil , Yvonne Hinson and Carlos Smith ?sent a letter to Attorney General Ashley Moody asking her to investigate the utility. In 2020, FPL was accused of assisting spoiler candidates in a state Senate race. But most recently, the company has been accused of attempting to bribe a Jacksonville City Council member, facilitating campaign contributions from questionable nonprofit organizations, buying positive coverage from a conservative news group and owning an exclusive venue for lawmakers and lobbyists – which some believe might be violating Florida's gift ban and open meeting laws. "FPL ratepayers deserve to know whether the money they are forced to send the utility every month to pay their bills was used to influence elections and undermine our democracy through fake candidates and other schemes – and whether FPL broke any laws in its quest for total political control of our state," said the four Legislators. Florida Politics

Culture

DeSantis Support of Don't Tread on Me Boosts Plate, Draws Criticism

Gov. Ron DeSantis' backing of a "Don't Tread on Me" license plate, and his assertion that it "sends a message" to out-of-staters about Florida, is drawing criticism from those who see the symbol as having become linked to right wing extremism. NPR

The Legislature

Sprowls' Podcast Returns for Second Season

"Read, White, & Blue," hosted by House Speaker Chris Sprowls , has returned for a second season. The first episode of the podcast's new season, which premiered Tuesday, features "WOKE, INC.: Inside Corporate America's Social Justice Scam" author Vivek Ramaswamy. The two discuss environmental, social and governance criteria, known as ESG, and the impact of "woke capitalism" on democracy. Late last month, Gov. Ron DeSantis denounced using ESG in the state pension fund and said he will push for legislation prohibiting financial services companies from blocking users based on political or religious ideology. The podcast's second season features other guests including James Patterson, Kellyanne Conway and Orlando Magic forward Jonathan Isaac. New episodes will be released every Tuesday and will be available on common streaming platforms. Florida Politics / Sprowls Press Release

Campaigns and Elections

New Congressional Map Will Push Delegation to Right

A group of conservative congressional candidates are set to win election and head to Washington, boosted by the state's new congressional district map pushed through the Legislature and courts by Gov. Ron DeSantis. Politico

Candidates Accuse Brevard Sheriff of Trying to Get Them Out of Race

A third candidate has accused Brevard County Sheriff Wayne Ivey of trying to get her to drop out of a race for local office. Kimberly Musselman, an assistant prosecutor in Brevard County for nearly 20 years, said she was pressured by Ivey to drop out of the race for a county court judgeship and that Ivey said he could help her become the head prosecutor if she did leave the judge's race. Ivey earlier was accused by a Republican school board candidate and a Republican county commission candidate of trying to get them to also drop bids for office. Both said Ivey offered to get them jobs if they dropped their candidacies and instead backed candidates Ivey supported. Ivey so far has declined to comment on the allegations. Florida Today / Associated Press


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