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COVID Protections for Health Care Advance

February 10th, 2021 by Mike Vasilinda

Testimony during a Senate committee Wednesday revealed there are at least 112 COVID-related lawsuits in the pipeline against nursing and assisted living facilities in Florida.

But Legislation approved by the committee gets health care providers one step closer to being protected from COVID suits, as long as they followed the rules.

Health care workers doing their best on the front line of the COVID fight could soon be immune from lawsuits.

“We’ve had 1.8 million Floridians affected,” said Senator Jeff Brandes.

Brandes is sponsoring the bill that would provide liability protections for health care workers.

He said suits could only go forward when providers were grossly negligent or committed intentional misconduct.

“And we are asking in this piece of legislation that we protect our health care industry that has gone over and above the call of duty,” said Brandes.

Democrats on the committee offered four amendments to weaken the legislation.

All four failed.

As written, the legislation would protect health care facilities and all of their workers all the way back to the beginning of the pandemic in March.
Consumers told the committee the protections were too one sided.

“The only people that this bill will protect are the owners, the corporate owners, of nursing homes,” said Barbara Devane with the Florida Alliance for Retired Americans.

Trial lawyers argued the protections are already in law.

“I think it effectively bars virtually every claim. Every claim related to COVID,” said Steven Cain with the Florida Justice Association.

But nursing homes testified they were powerless to stop infections.

“Nursing homes were powerless to stop COVID carriers at the front door because over 50 percent of COVID spreaders are asymptomatic. Test kits? We didn’t get those from the Federal Government until August. Too late and too little,” said Kristen Ulman with the Florida Health Care Association.

The legislation is on the fast track with the full support of legislative leadership, which likely means few changes in the last two committees.

The legislation was approved on a six to four party line vote with Democrats voting no.

If it becomes law, any lawsuit would have to be filed within one year.

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Lawmakers Looking into Pregnancy Mortality Disparities

February 10th, 2021 by Jake Stofan

A woman dies every nine days in Florida from a pregnancy related complication and Black Floridians are dying at higher rates than white or Hispanic women.

Florida House Speaker Chris Sprowls raised the issue in his speech during the organizational session in November.

“Recently I’ve been looking at the data of the disparities that black women face in maternal health care,” said Sprowls.

In response, a House committee heard from experts on the issue Wednesday.

Lawmakers were told on average, 40 Floridians die each year from pregnancy-related medical issues.

Almost 70 percent are considered preventable.

“Even more tragic is the number of children who are left behind,” said Deborah Burch with the Florida Department of Health.

The state has made some progress at closing racial disparities in death rates between black and white mothers.

Previously a black mother was three times as likely to die from pregnancy.

Over the past five years the disparity has been cut by a third, which is good news to Committee Chair William Robinson.

“I wanted at least, the members to understand the data to make sure moving forward we continue to see that decrease over time,” said Robinson.

But Representative Anna Eskamani believes the state can do better.

“The rates for women of color are disproportionately high compared to white women, and so, that is not something to celebrate,” said Eskamani.

Democrats on the committee said they want to see the state implement racial bias training in hospitals and expand Medicaid to improve maternal mortality rates.

“There’s been efforts to expand that access, to better understand the racial implicit bias within the medical field and none of those bills have ever gotten a hearing,” said Eskamani.

But Robinson was non-committal on legislative action.

“Will there be some policy initiatives based upon that data? We’ll have to wait and see,” said Robinson.

Overall, the state has seen about a 30 percent decrease in its pregnancy-related mortality rate since 2009.

Of the pregnancy related deaths hemorrhage was the leading cause.

Experts told lawmakers c-sections increase the risk of hemorrhaging.

Florida’s c-section rate is 30.4 percent, compared to the national target of 23.6 percent.

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Bill Requiring Union Membership Reauthorization Clears Second Committee

February 10th, 2021 by Mike Vasilinda

Union members will have to tell their employers they want to continue having union dues deducted from their paychecks every three years or every time a contract is renewed under legislation moving forward at the state Capitol.

Unions argue it is an attempt to undermine membership, but sponsors push back, describing it as a way to protect public employees paychecks.

State Senator Tina Polsky called the idea a waste of time.

“You know, we’re here to fix problems that exist. We’re on a very limited time frame. Many bills are not being heard because of time constraints that would help people. This bill doesn’t help anyone. It will make it harder for public employers: School districts. Police Departments. Fire Departments. And those public employers have not asked for this,” said Polsky.

The legislation was approved on a 6-4 vote.

It has one more committee stop before a vote on the Senate floor.

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Democrats on Tap for 2022

February 9th, 2021 by Mike Vasilinda

The 2020 election has only been in the rear view mirror for three months, but the political focus is already turning to who’s running for Governor in 2022.

An inner party survey is already asking Democrats who they favor to take on the Governor.

The survey was sent to Florida Democrats via email last week.

It highlights ten potential challengers to Governor Ron DeSantis.

Most are fresh, little know faces.

Charlie Crist, who was a Republican Governor and then ran again as a Democrat in 2014 is also on the list.

“Well, I’ve been urged for running for Governor and I am considering it,” said Crist.

“Sure, Crist is well known, but things have changed,” said retired political scientist Susan MacManus.

MacManus says the party is different now.

“It’s much more dominated by women than ever, particularly women of color,” said MacManus.

Daniel Uhlfelder may have launched the first digital effort of the 2022 campaign.

Uhlfelder, aka the Grim Reaper, has been pushing back against the Governor’s covid policies since March.

The Governor starts from a strong position.

He’s got $9 million in his political action committee and more coming in every day.

GOP Executive Director Helen Ferre said the Governor is ready.

“Florida continues to lead the nation in COVID response policies,” said Ferre.

Despite Donald Trump winning handily with the Governor’s help, MacManus argues Florida is still a swing state.

“It’s just that Democrats did not run a very good campaign in the Presidential contest,” said MacManus.

So far, none of the ten democrats on the list or any other credible Democrat has filed paperwork to get into the race.

Money raising has to start soon for anyone who is serious.

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Bumpy Road Ahead for Transportation Projects

February 9th, 2021 by Jake Stofan

The Florida Department of Transportation is expecting major budget losses in the coming years as a result of the pandemic.

When asked what areas might be facing cuts to make up for pandemic revenue losses, Senate Budget Chair Kelli Stargel was blunt.

“The roads are not going to deteriorate overnight. We’re going to maintain some of this process, but I don’t know that we’re going to be able to fund it to the level we had in the past,” said Senator Stargel.

The Department of Transportation is expecting $2.9 billion less revenue over the next five years.

This year alone it deferred 23 projects and canceled 54 others.

“This was truly unprecedented,” said Stacy Miller with the Department during a presentation to state Senators Tuesday.

Lawmakers are already expecting to delay funding for the Sun Coast Parkway extension, a top priority for Legislative leadership just one year ago.

“Right now we can’t afford it, but I don’t want to kill the policy,” said Senator Ed Hooper.

Lawmakers are also looking ahead to future transportation woes.

The rise of electric vehicles will mean less revenue from taxes on gasoline, the primary source of revenue for the department.

“We have to come up with a fair, equitable way to maintain our infrastructure,” said Hooper.

Even though electric vehicles aren’t projected to significantly impact gas tax revenues until 2028, Hooper argues a plan to make up the losses needs to be in place now.

“2027-28 is just around the corner for even more diminishment of that revenue stream. And we can’t wait til that happens to start addressing the need,” said Hooper.

Lawmakers have until April 30th to craft a budget with $2.1 billion less than they thought they’d have last year.

Whether it’s transportation or another sector that’s on the chopping block, there are tough decisions ahead.

The Department said despite the loss of revenue, it will prioritize safety and preservation related projects.

It also plans to continue funding projects that are already active.

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Democrats File Medicaid Expansion Legislation

February 9th, 2021 by Jake Stofan

Florida Senate Democrats have filed legislation to expand Medicaid to Florida’s working poor.

The idea has been around since 2012, but GOP lawmakers refuse to consider the expansion because it requires the state to put up a ten percent match.

This year, that would be about $80 million.

Senator Perry Thurston said that leaves Florida in the minority of states.

“Fourteen states that have failed to accept the benefits of the Federal government that’s been handed to them, handed to them on a platter. You know, here, go ahead and take care of the neediest people in your community. That’s why we’re here today. We’re here today because nine hundred thousand Floridians are being denied affordable health care,” said Thurston.

The legislation is unlikely to be considered as Florida already faces cuts to core programs to continue education and environmental funding proposed by the Governor.

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Democrats Unveil Police Reform Package

February 9th, 2021 by Jake Stofan

The Florida Legislative Black Caucus is putting forth a package of 16 bills aimed at reforming policing in the state.

Some of the proposals include limiting the use of no-knock warrants, mandating body and dash cameras, setting higher minimum agency standards, chipping away at qualified immunity and creating a registry for use of force incidents and complainants against officers.

Representative Evan Jenne said the efforts are not aimed at defunding the police.

“If you really look at these policies they’re not antagonistic towards law enforcement officers. They’re not antagonistic towards anyone. They’re going to protect people. They’re going to protect people in communities of color and one thing that I don’t think folks are understanding is they’re also going to protect our law enforcement officers. It’s going to give them more skills, more ability to engage with the community on a human level,” said Jenne.

While Democrats said they’re hopeful some of their legislative efforts will succeed, Republican legislative leaders and the Governor have thrown their weight behind legislation that aims to increase penalties on rioters.

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Parkland Anniversary Sparks Renewed Calls For Assault Weapon Ban

February 8th, 2021 by Jake Stofan

Sunday will mark the three year anniversary of the Parkland High School mass shooting that left 17 dead.

Survivors and family members of those killed joined with lawmakers to highlight their efforts to push tighter gun control in the 2021 legislative session Monday morning, but early indications suggest the Legislature is more inclined to do just the opposite.

Manuel Oliver’s son Joaquin was one of the 17 killed in the Valentines Day mass shooting at Marjory Stoneman Douglas High School.

“I lost my son and best friend,” said Oliver.

Three years later, Oliver is still waiting for action.

“We didn’t do it after Orlando. We didn’t do it after Vegas. We didn’t do it after Parkland,” said Oliver.

Rep. Carlos Guillermo Smith began his legislative push to ban assault-style weapons five years ago, when 49 were murdered in the mass shooting at Pulse Night Club.

“To make sure that military-grade weapons don’t fall into the hands of civilians,” said Smith.

In the five years it’s been filed, the bill has never gotten a single hearing.

It’s unlikely this year will be any different.

Instead, legislators appear more inclined to loosen some gun laws.

State Senator Dennis Baxley is cosponsoring a bill that would allow for Floridians to carry concealed firearms in places of worship.

It’s already cleared one committee.

“It’s foundational that you could protect yourself and your family and others from harm,” said Baxley.

But Smith isn’t giving up hope.

“We shouldn’t wait for another act of violence for there to be action taken,” said Smith.

A citizen initiative that would have put the question of banning assault weapons before voters was struck down by the State Supreme Court last year because the court called it misleading.

Organizers have yet to file a more clear alternative amendment.

In the wake of the Parkland shooting the Florida Legislature did increase the age to purchase firearms from 18 to 21.

That same legislation also allowed for trained school staff to posses a firearm on school grounds.

The following year classroom teachers were added to the list of those who could be armed.

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Florida Abortions Under Fire

February 8th, 2021 by Mike Vasilinda

Doctors who abort a fetus after more than 20 weeks of gestation could be charged with a felony under legislation filed in the State Capitol.

The legislation is based on studies that show the fetus can experience pain at 20 weeks, but opponents call it one more veiled attempt at making all abortions illegal.

The legislation would end almost all abortions at 20 weeks.

Senate Sponsor Dennis Baxley said that’s when a fetus feels pain.

“That’s what the evidence has shown in the pain sensitiveness of unborn children. And it’s perfectly clear that they’re under attack and resisting the attack of the abortionist,” said Baxley.

Under the legislation, doctors who violate the law could face a felony and five years in prison.

The mother could not be charged under the bill.

The only exception to the 20 week ban is the physical health of the mother.

That doesn’t include her mental health, or fears of suicide.

”Politicians are not medical experts,” said Dian Alarcon with the Latina Institute.

In a Planned Parenthood video conference, mothers who have had abortions called the legislation wrong.

“I had an abortion. This is what it looked like for me. It’s not always right or wrong, black or white,” said Dana Pierce.

Activist Charo Valero said mothers already face big problems getting abortions.

“Including not knowing about it. Not having access to services, not being able to travel,” said Valero.

The mothers said after a year of COVID, lawmakers should have better things to do.

Baxley disagrees.

“I think its always time to go back and look at your core values, and do you believe you vale children? Do you value life?” said Baxley.

Of the 72,000 abortions reported by the state last year, only about 6,500 were in the second trimester.

Opponents believe the legislation violates the second trimester, or 24 weeks, allowed under Roe v. Wade.

Supporters hope to test the law before the US Supreme Court.

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Mandatory Moment of Silence and Civic Education on Fast Track at State Capitol

February 5th, 2021 by Jake Stofan

Two bills aiming to change the school year in Florida are back after stumbling at the legislative finish line last year.

The Florida Legislative Session hasn’t officially begun, but both are already moving forward in committees.

“This is a thing that could change the tone,” said Senator Dennis Baxley.

Baxley wants to mandate a moment of silence at the start of each school day.

“Who knows what a moment of silence can do for each of us,” said Baxley.

But some like Devon Graham with American Atheists worry the mandatory reflection period could alienate non-religious students and religious minorities.

“Requiring a moment of silence sets up other people who do not want to take part in this for bullying,” said Graham.

Senator Jeff Brandes is pushing legislation that would direct the Department of Education to develop a civic literacy curriculum.

“It’s a non-partisan practical exercise,” said Brandes.

Textbooks wouldn’t be at the center of the program, instead it would teach students by actually getting them involved in the political process.

“I really think of it as like the Eagle Scout projects of government,” said Brandes.

Students would have to identify a problem in their community and develop a plan to solve it.

“Through that exercise they’re going to learn about how the city works or the state government works,” said Brandes.

Notably, they would have to research both sides and engage in civil discourse with those who hold an opposing view.

“These types of projects will thicken peoples’ skins. It will also teach them how to engage on social media and be able to kind of take some of the slings and arrows that come at you when you propose an idea,” said Brandes.

The civic literacy program would not be mandatory for schools, but those that successfully integrate it into their curriculum would earn the designation of a ‘Freedom School’.

Both bills died died on the final day of Session last year after time ran out for a final vote.

With both coming up so early in the legislative process this year, their passage appears more likely.

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Florida Retirement Changes Coming

February 4th, 2021 by Mike Vasilinda

Florida’s pension plan would be no more under legislation that cleared a Senate Committee at the State Capitol Thursday morning.

Some call the plan underfunded, but there are fears that ending the defined benefit plan could make it harder to hire critical workers.

The state pension plan isn’t just for state workers.

Most teachers, sheriffs deputies, and many city and county employees are all members of the Florida retirement system.

“The balance stands at $184 billion,” said Ash Williams with the State Board of Administration.

Since last June, the plan is up $23 billion after paying out $600 million a month.

“Investments have been prudently executed with good results,” said Williams.

The problem is that benefits are outpacing contributions.

Starting next year, State Senator Ray Rodrigues wants to force all new employees into a 401(k)-type investment plan.

“We’ve got to make sure that those we’ve made promises to are promises the state can keep,” said Rodrigues.

Retirees were out in force at the bill’s first committee hearing to say no.

“Pensions allow people like me to live financially independent,” said retired 4th grade teacher Linda Edson.

They worry that blocking new members will hurt those who stay in the plan.

“To shift and close the plan to new members will be a huge financial burden to the state, employers, and employees, and ultimately puts the long term health of the system at risk,” said Yale Olenick with the Florida Education Association.

Lawmakers don’t have good data yet, but they’ve paid $119,000 for a study due in March.

Rodrigues said he is flexible if the study suggests other action.

“Everything will be dictated by what the actuarial studies reveal. We’re going to follow the data,” said Rodrigues.

The legislation cleared the committee on a four to two vote, but one GOP member made it clear he would vote no if the bill didn’t change significantly before a final vote.

Whether the plan is changed or not, taxpayers are going to be on the hook for more money.

If no changes are made, the state will continue putting $373 million a year into the plan.

If the plan is closed to new hires, estimates show costs will rise by a $150 million a year, compounding for at least eight years totaling $5.4 billion.

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Lawmakers Told to Act Now on Climate Change

February 4th, 2021 by Jake Stofan

The Governor is asking lawmakers to spend $1 billion on coastal resiliency over the next four years to combat climate change and a House subcommittee got an earful on the dire situation facing the state from experts Thursday morning.

16 million Floridians live near Florida’s 1,300 miles of shoreline, but the areas are at risk.

“The beaches are the largest single driver of our economy,” said Pepper Uchino, President of the Florida Shore & Beach Preservation Association.

Uchino told lawmakers the state can expect roughly a meter of sea level rise by 2100.

His message: Act now.

“If we build better now, even though it’s more expensive, it may cost a lot less in the long run,” said Uchino.

And the state’s lack of action so far is already playing out in the economy, with an expected $10 to $30 billion loss in property value by 2030.

“Since 2005 Florida homes have lost $5.42 billion due to flooding. This is revenue to our local governments,” said Alec Bogdanoff, Ph.D. with the American Flood Coalition.

The experts who testified called the Governor’s billion dollar plan a good starting point.

“The one billion dollars is a wonderful first step. I hope it’s continued into the future and increased in the future,” said Uchino.

And the Flood Coalition has estimated the investment could create as many as 45,000 new jobs.

“Construction industry, engineering, water resources, it’s going to create a lot of jobs in industries that are right now looking for more people,” said Bogdanoff.

While the situation may appear dire, there is cause for optimism.

“Florida’s not behind. It might be walking a little slower than some other folks, but we have an opportunity to run right now,” said Bogdanoff.

The state has spent about $6.5 million on resiliency projects to date.

Only about $1.4 million has actually gone towards implementing projects, the rest has gone towards planning.

Experts who testified before lawmakers also highlighted the need for the state to seek federal funding to help with resiliency, saying the state is leveling money on the table.

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Nursing Homes Facing Financial Crisis

February 4th, 2021 by Jake Stofan

The Senate Pandemic Committee was updated by the Agency for Health Care Administration and the Florida Health Care Association on the situation at long term care facilities Thursday.

Lawmakers were told 97 percent of nursing home residents and 98 percent of staff are currently COVID-free and that nearly all facilities have either received or are scheduled to receive their first dose of vaccine.

Between 70 and 80 percent of residents are taking the vaccine, while just 40 percent of staff have been willing to accept it.

Emmett Reed, Executive Director of the Florida Health Care Association said a critical issue facing facilities are increased costs from the pandemic compounded with a 15 percent decline in residents.

“If we don’t start to see occupancy increase over the next six or seven months, maybe even less, you’re going to start seeing nursing homes in a very dire situation financially. It’s just, the margins are razor thin,” said Reed.

Reed also praised the decisions made by the Governor early on in the pandemic like locking down long term care facilities and requiring a negative test for residents to be returned to nursing homes, saying the actions saved thousands of lives.

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New School Choice Package Raising Alarm Among Democrats

February 3rd, 2021 by Jake Stofan

Lawmakers are looking to consolidate and streamline its five private school voucher programs into two, hoping to make it easier for parents to opt in.

The 158-page bill also makes changes to how the scholarships are funded, which has Democrats concerned.

It’s become an annual affair at the State Capitol.

Lawmakers heard from students and parents who have benefited from the state’s private school scholarship programs Wednesday, as they considered this year’s school choice bill.

“At West Park Prep, I don’t have to fight anymore,” said Hallandale Beach student Marquavious Wilson.

They also heard testimony from those who oppose the vouchers.

“Vouchers operate in the dark without public accountability,” said Reverend Dr. Russell Meyer with the Florida Council of Churches.

This year’s legislation aims to streamline the state’s five voucher programs into two.

“The real story behind this bill is the consolidation, the streamlining, and to make it easier for the parents to access the program,” said Senate sponsor Manny Diaz.

What gives Democrats pause, is that both private school scholarships would now be funded through the main pot of money for public schools.

Senator Diaz said the various corporate and opt-in tax revenue sources for the scholarships will continue to cover cost.

“The most important thing is we’re funding students and we’re funding them where they’re being served. We’re funding students, not schools,” said Diaz.

But Senator Perry Thurston is worried if those revenues fail to keep up with the growing pool of scholarship recipients, the new funding structure would make it easier to divert dollars meant for public schools to private schools.

“Do you really think that this Legislature, who’ve increased vouchers every opportunity they have, is not gonna fund those vouchers? They’re going to fund it. That’s when you see the decline in public education,” said Thurston.

Between the five existing scholarships, nearly 185,000 students received school choice vouchers last year, costing taxpayers well over a billion dollars.

The bill also raises the amount of money students receiving scholarships would receive, from 95 to 97.5 percent of what the state spends on the average public school student.

Until the Legislature sets per-student funding for this upcoming year, it’s not clear how much overall spending on private school vouchers will rise.

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Pastors Seek More African American Vaccinations

February 3rd, 2021 by Mike Vasilinda

A statewide organization of Black pastors has identified dozens of Black churches to become what they are calling “trusted venues” for African Americans reluctant to get vaccinated.

The pastors hope to boost the number of people of color getting the vaccine.

As of Tuesday, more than 1.3 million Floridians had received their first dose of a vaccine.

The report also shows that only 66,000, or just under five percent are Black.

“Those numbers are dismal, disturbing, and depressing,” said Reverend Dr. RB Holmes.

A task force of Black pastors has identified 86 sites, mostly Black churches, spread over six regions in the state that they say would be trusted venues with trusted pastors.

“To say it’s alright. Matter of fact, its alright to take the vaccine. You ought to take them. We believe in science, we believe our doctors,” said Holmes.

The data shows that about a quarter million Floridians, 18 percent of all those that have gotten a shot, did not disclose their ethnic information.

Florida’s point-man on vaccines said hesitancy is a problem for African Americans.

“Just because I put a site in an African American community, it doesn’t guarantee access. The only way to guarantee access is to make sure that I am closing that pod,” said Director of the Division of Emergency Management Jared Moskowitz.

State Senator Audrey Gibson isn’t so sure.

“It’s not hard to look up data on demographics and target certain communities. We do that in political races all the time. So, there’s no reason for that not to have happened the way it should have,” said Gibson.

The pastors also argue that Publix stores one of the main distribution points, are out of reach for many poor Floridians.

Floridians will soon start seeing a public service campaign, funded with $1.6 million in federal money, to encourage people to be vaccinated.

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