LobbyTools Policy Briefing 8/5/2022

Law Enforcement

DeSantis Removes State Attorney for No Prosecution Pledge

Hillsborough County State Attorney Andrew Warren was removed from office Thursday by the governor after he signed a pledge not to prosecute people for getting or providing abortions. Gov. Ron DeSantis said Warren also had signed a pledge not to prosecute violations of state laws prohibiting the providing of "gender affirming care" for minors. The governor said Warren was putting himself above the law and showing wanton disregard for the duties of his office. Warren, a Democrat, has been a frequent outspoken critic of the governor's policies, including the 2021 "anti-riot" law that increased penalties for people engaged in violent protest. Technically, Warren was suspended by the governor. If he objects, the state Senate would hold a hearing on his removal. Tampa Bay Times / The Hill / Sarasota Herald-Tribune / Washington Post / Gov. Executive Order / DeSantis Press Release?

?The Reaction: The governor’s move to suspend Andrew Warren draws protests, and praise. Tampa Bay Times / Sun-Sentinel

The Prosecutor: Andrew Warren called his removal from office by the governor a "stunt" and "illegal overreach." Warren Statement / Florida Politics

The Replacement: Who is Susan Lopez, the woman appointed by Gov. Ron DeSantis to replace Hillsborough State Attorney Andrew Warren? Tampa Bay Times

Legal Policy and Courts

Renatha Francis Tapped by DeSantis to Serve on Florida Supreme Court, Again

Gov. Ron DeSantis appointed Judge Renatha Francis to the Florida Supreme Court on Friday. She will replace outgoing Justice Alan Lawson. Lawson plans to leave his post at the end of August after six years on the bench. Francis, a resident of West Palm Beach, is a Caribbean immigrant and former business owner. She was initially chosen by DeSantis to fill a vacancy on the state's high court back in 2020 but was declared ineligible because she missed the constitutional requirement of being a member of the Florida Bar for at least 10 years by just a few months. “Judge Renatha Francis has an incredible life story that epitomizes the American Dream and proves that those who come to our country have the opportunity to pursue their dreams and, through hard work and the application of their God-given talents, reach the highest heights of whatever field they choose,” said the governor. Francis will officially take her seat on the Supreme Court on Sept. 1. DeSantis Press Release / Florida Politics / Tampa Bay Times / Miami Herald / Sun Sentinel

Claim Bills for 2023 Filed

Over a dozen Senate claim bills were filed this week in preparation for the 2023 legislative session ahead of the Aug. 1 deadline to file relief measures. The bills request the Legislature to allocate state funds to help cover damages, injuries or losses after a party has already exhausted all other remedies. LobbyTools Claim Bills / LobbyTools Bill Search

Health Care

More Challenges to Early Abortion Ban

Five new lawsuits were filed in the 11th Judicial Circuit by seven faith-based leaders from diverse religious practices challenging Florida's new 15-week abortion ban. Members of the Jewish and Buddhist faiths and several sects of Christianity filed the suits, alleging the new restriction on the procedure violates the constitution by impeding the right to free practice of religion and the separation of church and state. The groups also allege the ban violates the Florida Religious Freedom Restoration Act of 1998, which protects against laws that "substantially burden a person's exercise of religion," among other things. The lawsuit requests an immediate stay to lift the ban and rule it unconstitutional. "Freedom of religion must protect the religious rights and beliefs of all citizens – not just those opposed to women's right to choose," said University of Pennsylvania political science professor Marci Hamilton who is working alongside counsel to represent the plaintiffs. The ban on abortions after 15 weeks of pregnancy was passed by lawmakers earlier this year as HB 5, and largely mirrors a Mississippi law that was upheld by the U.S. Supreme Court on U.S. constitutional grounds in June when the court struck down the 1973 landmark ruling of Roe v. Wade. Florida Politics / Politico / Reuters / Washington Post / Rabbis Pomerantz, Fisher and Rosenberg v. The State of Florida

?Florida's Medicaid Enrollment May Remain High, For Now

State economists are seeking to reevaluate projected Medicaid enrollment numbers following the extension of the federal COVID-19 public health emergency. The Office of Economic and Demographic Research's projections were based on the public health emergency's summer 2022 expiration date but earlier this month, the Biden administration extended the national public health emergency until Oct. 13. Florida's Medicaid enrollment climbed due to the COVID pandemic and economic shutdown and economists have projected that number to climb to more than 5 million by June 30, 2023. But with the assumption of the federal public health emergency coming to an end, economists forecasted enrollment numbers would drop over time. Officials are also unsure if the public health emergency will be extended again. The state's Medicaid program is already experiencing record-breaking numbers, but as long as the public health emergency is in effect, so are additional funds from the federal government. Those funds, however, come with strings attached, including rules prohibiting disenrolling anyone from the Medicaid program who was eligible for coverage due to the pandemic. The coverage mandate expires when the state stops accepting the additional 6.2% increase in federal funds. Florida Politics

DeSantis Expands Addiction Care Network, Appoints Opioid Chief

A new public-private opioid recovery program will expand to 12 more counties across Florida, Gov. Ron DeSantis said Wednesday. The new addiction care network, known as Coordinated Opioid Recovery, or CORE, is administered by the Department of Health, the Department of Children and Families, and the Agency for Health Care Administration. There have already been nearly 2,000 fatal overdoses in the state this year. "Substance abuse can affect any family at any time, so from education to law enforcement to treatment we are going to make sure that Floridians can take advantage of this new addiction recovery model," said the governor. DeSantis appointed Dr. Courtney Phillips to be the first Statewide Director of Opioid Recovery where she will provide support for the behavioral health system. DeSantis Press Release / CORE Infographic / Spectrum News / WUSF

Protests on Gender-Affirming Care

The Florida Board of Medicine expected protests at its Friday meeting to review a petition filed by the Florida Department of Health that would ban transition-related care for minors in the state. LGBTQ+ advocacy groups plan to attend the hearing to protest the request. The SAVE Action PAC, Equality Florida, PRISM and others said they want to "push back against Gov. DeSantis' assault on transgender Floridians," according to a press release. The state's petition, which goes against the recommendations of the American Academy of Pediatrics and the American Medical Association, argues it is unsafe for people under the age of 18 to be prescribed puberty-blocking medications, undergo hormone therapy or receive gender reassignment surgery. The petition also asks the board to change the standard of care rules to require older patients to sign a consent form and to wait 24 hours before starting such treatments. The agency argues there is no evidence proving that gender-affirming health care is safe for children, emphasizing that the department should initiate the rulemaking process to reflect those policies. Florida Politics

Housing

Remote Workers Pushed Up Home Prices – But Also Homebuyer Income

While soaring real estate prices and rent have garnered extensive attention, the median incomes of homebuyers in some of the Florida cities with the biggest pandemic home price increases have also jumped. Cape Coral and North Port, near Sarasota, both have seen home prices increase by about 50%. But homebuyers' incomes there are up nearly 20%. West Palm Beach has seen home prices go up by about a third, while homebuyers' incomes there were 17% higher in 2021 than in 2019 before the pandemic. Axios

Rent Control:?Protesters in St. Petersburg are calling for a local ballot initiative to allow rent control.?Tampa Bay Times

Insurance

Demotech Lowers Three Insurers

Insurance rating firm Demotech downgraded one company and withdrew its rating for two others this past week. Last month, Demotech, the leading insurance ratings agency in the state, notified 17 property insurers that their ratings would drop from "A" to the lower grades of either "S" or "M." Florida Office of Insurance Regulation Commissioner David Altmaier contacted the company two weeks ago asking officials to reconsider the ratings and conduct a more comprehensive review. Earlier this week, Demotech changed the rating for United Property & Casualty Insurance Co. from "A", meaning "exceptional," to "M," meaning "moderate." The rating agency also withdrew its "A" grades for Weston Property & Casualty Insurance Co. and FedNat Insurance Co. and didn't replace them with a new rating. Rating withdrawals by the agency have historically caused some insurers to go insolvent. The news is the latest blow to the state's under-pressure homeowners market. Before the three ratings went public, state insurance regulators implemented a plan to prevent the prominent rating agency from disrupting Florida's already tumultuous property insurance industry. State-backed Citizens Property Insurance Corporation will provide temporary reinsurance coverage and pay the outstanding claims of companies that are facing downgrades from Demotech. The move aims to prevent homeowners from being forced to seek a new insurer during the peak of Florida's hurricane season. Insurance Journal / Florida Politics

Public Safety

Stoneman Douglas Commission Backs Aaron Feis Program Expansion?

State Department of Education officials and members of a state safety commission agreed this week that a major priority should be expanding the Coach Aaron Feis Guardian Program, which trains teachers and other school employees to use guns during a school shooting. The program is named after a staff member killed in the 2018 Parkland school shooting. The Marjory Stoneman Douglas High School Safety Commission, named for the school where that shooting happened, was formed in 2018 in the wake of the mass murder. Sun-Sentinel

Education

DeSantis Defends Easier Teaching Path for Veterans

Gov. Ron DeSantis defended a new law that allows veterans to move more quickly toward becoming qualified teachers by suggesting that military vets might be better suited to teach than an education major. The bill (SB 896), approved by lawmakers and signed into law by DeSantis earlier this year, allows certain veterans to receive a teaching certificate from the state by counting military experience in lieu of some other requirements. To be eligible for the temporary certification, service members would have completed four years of active military duty and have 60 hours of college credits with a minimum grade point average of 2.5. Although the teaching certification is temporary and only lasts five years, the law provides a pathway for a veteran to receive a professional certificate. "You give me somebody who has four years of experience as a Devil Dog over somebody who has four years of experience at Shoehorn U and I will take the Marine every day of the week and twice on Sunday," said the governor. The new law took effect July 1, but the measure has been criticized by some education professionals. Florida Politics

Higher Pay: Several states have put COVID-19 relief money towards building their early childhood education workforce with higher pay, mental health support and professional development programs, according to an analysis of spending from the National Association of State Boards of Education. K-12 Dive

Environment

Most of Algae Task Force Suggestions Unaddressed

Most of the recommendations of the Blue-Green Algae Task Force remain unaddressed, according to a progress report published by environmental advocacy groups. The report compared the state's actions to the suggestions from the task force's 2019 consensus document. "Among the 32 metrics we tracked, only four have been implemented by the state of Florida in the three years you've been doing your work, so there's a lot of progress yet to be made," said Executive Director of Friends of the Everglades Eve Samples. Task force members agreed that in order to implement water quality projects, they need to get lawmakers on board to help update the laws and secure funding. Florida Politics / Treasure Coast Newspapers / Fox 4 News / Save the Manatee Press Release

Research Ties Red Tide to Human Pollution

Florida's worsening red tide outbreaks might be more strongly influenced by human pollution than originally hypothesized, according to a new study conducted by researchers at the University of Florida. Scientists have previously found correlations between extreme bouts of red tide and pollution but since red tide occurs naturally, pollution was never previously deemed a major or sole contributor. New research that focuses on the Caloosahatchee River in Southwest Florida, which carries water and pollutants from Lake Okeechobee as it flows west to the Gulf of Mexico, shows that humans have directly been influencing the intensity of the toxic blooms. In the past, researchers looked at the short-term cause-and-effect relationship between nitrogen and red tide and only found correlations. But in the new study, scientists analyzed biweekly nitrogen data over nine years and found clear patterns of red tide that showed a direct link between an increase in the amounts of nitrogen coming out of the Caloosahatchee and the intensity of red tide on the coast of the Gulf. WUSF

Annual Python Hunting Challenge Begins Friday

First Lady Casey DeSantis kicked off the 2022 Florida Python Challenge on Friday. The annual ten-day event is scheduled to run from Aug. 5 through Aug. 14. Over 800 participants from 32 states and Canada have signed up to collect Burmese pythons in the Everglades. Hunters can win up to $2,500 for the longest snake captured and the most snakes collected. All participants were required to register and take an online safety course provided by the Florida Fish and Wildlife Conservation Commission. Burmese pythons can grow up to 20 feet long and reach 200 pounds, and females can lay up to 100 eggs at a time. The invasive species disrupts Florida’s ecosystem by interfering with the natural food chain. “This is significant because every python removed is one less invasive species preying on our native birds, mammals and reptiles,” said the first lady. More than 17,000 Burmese pythons have been removed from Florida since 2000. DeSantis Press Release / USA Today / CBS Miami

Gaming

Gaming Commission Rejects Jai Alai Dates?

The new Florida Gaming Control Commission met Thursday to consider several administrative actions, including denying a request to add 40 jai alai performances. Orlando Jai Alai submitted a proposal asking commissioners to amend its license and add jai alai matches but the commission voted down the request unanimously saying state law does not give the panel the authority to alter an already approved annual schedule of games. Orlando Jai Alai's annual license renewal application was approved in the winter and outlined no jai alai performances. The commission, however, did approve other items, such as an additional card table for The Casino at Dania Beach and Magic City Casino's annual slot machine license renewal, among other things. Florida Politics

Campaigns and Elections

Consultant Pleads Guilty in Ghost Candidate Case

A campaign consultant accused of getting a "ghost candidate" on the ballot to siphon votes from a central Florida Democratic state Senate candidate pleaded guilty to election finance charges Tuesday. James "Eric" Foglesong entered the plea in Seminole County. Fogelsong was charged along with two others in the case. Associated Press

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