Staff Reports
Sixty Days — A prime-time look at the 2022 Legislative Session:
The Last 24
Republicans have been blaming the surge in inflation on President Joe Biden. That’s especially true in Florida, where House Republicans have included a new $2 billion trust fund to account for higher costs in their new budget proposal. The name: Budgeting for Inflation that Drives Elevated Needs, or the BIDEN Fund. The narrative has led to a dip in Biden’s and Democrats’ approval ratings, but state Democrats plan to push back. Rep. Fentrice Driskell, a Tampa Democrat, has filed an amendment to the BIDEN Fund bill (HB 5011) that she said would “inject some truth serum” into the inflation debate. The amendment notes the increased federal spending that contributed to the spike in inflation started under President Donald Trump in 2020 and was initially passed with Republican support to address the economic downturn caused by the COVID-19 pandemic. Here’s your nightly rundown.
Major differences. Both chambers agreed to eliminate additional “critical care” hospital funding, but the House went a step further, shifting $100 million currently used to reimburse hospitals toward nurse training programs.
Ounce of prevention. The House Health Care Appropriations Subcommittee advanced a bill (HB 1315) to establish a pilot program to address veteran suicide.
Direct care. The House Health Care Appropriations Subcommittee advanced a bill (HB 1239) that would allow staff without nursing degrees to fulfill a portion of nursing home direct care hour requirements.
A few tweaks. The House Health Care Appropriations Subcommittee OK’d a bill (HB 1277) to tweak the state’s Baker Act and Marksman Act laws.
‘Education recovery.’ A $4 million proposal (HB 1117) to create scholarships for K-12 students to mitigate learning loss cleared its first of four House panels.
Emancipation Day. Countering anti-critical race theory rhetoric, Democratic Sen. Randolph Bracy touted his Emancipation Day bill (SB 1500) as the kind of Black history legislation Florida needs.
Blurred lines. Rep. Joe Harding has moved to Ocala to run in the new House District 24, avoiding a Primary with Rep. Chuck Clemons.
House call. Democratic Reps. Anna Eskamani and Dianne Hart joined doctors and health care advocates in urging the Senate to oppose the appointment of Dr. Joseph Ladapo as the state’s Surgeon General.
Standing their ground. On the fourth anniversary of the Parkland shooting, Florida Democrats said gun control reforms (HB 199) are still needed, but Republicans are standing in the way.
‘Mandate mafia.’ Chief Financial Officer Jimmy Patronis issued a proclamation supporting Canadian truckers — or the “freedom convoy” — opposing the nation’s vaccine mandate.
Quote of the Day
“There are standards that are tested, tried and true in medicine — just like in any field of science — and if you’re gonna have a candidate that denies that, then give them a podcast, but don’t give them the position of Surgeon General.”
— Democratic Rep. Anna Eskamani, opposing Dr. Joseph Ladapo‘s appointment as Surgeon General.
Bill Day’s Latest
3 Questions
HB 1239, a bill changing nursing home regulations to require fewer nursing hours for long-term care residents, passed its second committee today.
The bill requires nursing homes to provide each resident 2 hours of certified nursing assistant (CNA) care a day, down from the current 2.5 hours mandated in law. The Senate version, SB 804, also loosens the moratorium on new nursing home admissions on facilities with CNA shortages.
AARP Florida has vocally opposed the bill at the committee level. Zayne Smith, AARP Florida’s associate director for advocacy, spoke with Florida Politics about the legislation.
Q: How would this bill reduce the time CNA’s spend with residents? How would it be harmful?
Smith: The bill reduces the required minimum number of hours that CNAs must be with residents from 2.5 to 2.0. So that’s black and white, in the text. It’s been acknowledged by the sponsors as well that they are, in fact, reducing the CNA care that a resident receives on a daily basis. Now, to answer how that’s harmful: CNAs provide very specific nursing care that is associated with “activities of daily living.” So toileting, personal hygiene, bathing, getting in and out of bed, other activities. Nurses are trained to provide these services. At the same time, they’re also trained to be able to identify, while providing the services, other issues that may be occurring with the resident. So when you reduce that daily time these CNAs spend with a resident, that’s reducing the quality of care. So this legislation is asking CNAs to do the same job with less time. Florida’s actually in the top five in terms of States for quality of minimum nursing staffing standards. Why in the world would we want to leave the top five by reducing them, but that’s what this legislation will do. We’ll ensure that we’re no longer in the top-ranked states in America when it comes to caring for our most vulnerable residents in nursing homes.
Q: How does the Senate bill weaken the moratorium on nursing home admissions?
Smith: The current version would actually make the moratorium optional, as opposed to mandatory. It will also remove the $1,000 fine that is levied against a nursing home that continues to operate on a daily basis that has fallen below the daily minimum. The moratorium is in place to basically hold nursing homes that fall below the minimum staffing standards accountable. It is meant to stop any new residents from coming in if the facility does not have the staff to treat those residents. That’s why the moratorium is so critically important. We already know that the nursing homes are admitting that they don’t even have enough staff now. So if you remove the requirement that a moratorium be put in place, you’re going to add more residents to facilities that are already understaffed. So, therefore, the quality of care will go down for the current residents and the residents that will be placed in this facility.
Q: If this bill doesn’t do it, how should nursing home staffing issues be addressed?
Smith: I don’t think there’s a silver bullet to address it. I think there’s a multitude of suggestions that are both short-term and long-term that have been offered to the sponsors, and multiple committee members. And we’re not seeing any of those in either version of the bill that is currently moving through the session. To give a few quick examples, short-term solutions. Florida is the retirement haven of America. We have people coming to Florida every day that have retired. I can’t even begin to imagine how many nurses, medical staff, medical trained individuals who retired in good standing from their state before they came to Florida who wouldn’t want to come back into the workforce, even if on a temporary basis, to help alleviate the need for staffing. The best part about this is that these would be trained individuals who already know how to do the job. The legislature could act on this, look at the licensing and lift some of the mechanisms that prevent someone from getting re-licensed quickly. Another short-term solution would be offering continuing education credits to current licensed medical professionals in Florida that choose to volunteer in these facilities. So you might have doctors or other medical folks who don’t usually often work in a nursing home facility. But if they’re given education credits for volunteering, that’s another great way to incentivize current licensed medical professionals to come in and assist.
I think you, in the long term, can look at a few different solutions, such as shifting the paradigm that is established by the federal government that says when somebody needs placement, we must first look at nursing homes. And then, if a nursing home is not available, what type of home and community-based services may exist. The state of Florida can file a waiver to change that paradigm that makes home and community-based services on the same level as nursing homes when it comes to placement. I think you also need to look at how we incentivize actual staff, not those provided by staffing agencies. I think the answer is to pay them more, give them benefits and offer retirement security that will keep them employed. When you don’t offer any of those types of benefits, your workforce is going to continuously turn over because other opportunities will arise that will offer those types of benefits.
Lobby Up
A new survey touted by the Florida Retail Federation predicts Americans will spend nearly $24 billion celebrating the holiday — the second-highest total since the National Retail Federation began tracking Valentine’s spending.
The shopping spree will cut across several categories, including candy, flowers, cards, jewelry and more. Making sure shelves have plenty of Valentine’s Day necessities is a team effort, and many of the companies that supply them have a footprint in the Sunshine State.
Those grabbing something sweet, whether candy hearts or a box of fine chocolates, will likely be doing Florida’s agriculture industry a favor. Sugar, after all, is one of Florida’s most prized exports. The largest sugar operation in the state is U.S. Sugar, which has a fleet of lobbyists in the Capitol.
Firms in their stable include Ballard Partners, Floridian Partners, GrayRobinson, Heffley & Associates, The Mayernick Group, The Southern Group, Tripp Scott and Waypoint Strategies.
Need to snag a bouquet? Publix usually has plenty near the front entrance — emphasis on usually. In addition to in-house lobbyist Thomas Culligan, the grocery giant is represented by Matt Bryan, Teye Carmichael, and Jeff Hartley of Smith Bryan & Myers.
For cards and other last-minute gifts, Target may be the best bet. Many are open until 11 p.m., but if you need an extra hour after Publix closes, you’re doing it wrong. When it comes to lobbying, the national chain has GrayRobinson’s John Harris Joseph Salzverg, Robert Stuart and Jason Unger backing up in-house lobbyist Molly Cagle.
In addition to shopping for candy, cards and gifts, retailers predict 31% of lovebirds will spend the evening out. For many, that means a fancy dinner. Whether the establishment is a chain or a local hotspot, the Florida Restaurant & Lodging Association is crisscrossing the Capitol Complex on their behalf. Their lobbying team includes in-houser Samantha Padgett as well as Warren Husband, James Daughton, Douglas Bell, Leslie Dughi, Allison Liby-Schoonover, Aimee Diaz Lyon, Andy Palmer and Karl Rasmussen of Metz Husband & Daughton.
Of course, not all Valentine’s Day purchases fit in a shopping cart. Though the holiday falls on a Monday this year, many couples chose to celebrate a couple of days early with a weekend away.
Expedia is one of the best ways to book a swanky hotel room and the car or flight it takes to get there. They’ve booked Jennifer Green and Timothy Parson of Liberty Partners of Tallahassee to handle their lobbying affairs.
Breakthrough Insights
The Next 24
— The House Criminal Justice & Public Safety Subcommittee will consider a bill (HB 121) that would change the state’s animal cruelty laws when it meets at 8 a.m. in Room 404 of the House Office Building.
— The House State Administration & Technology Appropriations Subcommittee will take up a bill (HB 619) that would require all public projects to use iron and steel produced in the United States when it meets at 8 a.m. in Room 212 of the Knott Building.
— A bill (HB 737) that would require the Florida Public Service Commission to adopt electric vehicle charging station plan rules will go before the House Tourism, Infrastructure & Energy Subcommittee when it meets at 8 a.m. in Reed Hall.
— The Florida Defense Alliance will meet at 9 a.m.
— The Senate Rules Committee will take up a bill (SB 224) that would open the door for local governments to ban or restrict smoking on the beach when it meets at 10 a.m. in Room 412 of the Knott Building.
— The House Justice Appropriations Subcommittee will consider a bill (HB 379) that would create the crime of indecent battery when it meets at 10:30 a.m. in Morris Hall.
— The Space Florida Board of Directors will meet at 11:30 a.m.
— The House will hold a floor session at 2:30 p.m. The agenda includes a bill (HB 5) to establish a 15-week abortion ban. The chamber’s proposed budget (HB 5001) will also be considered.
Also, the following committees will meet.
— The Senate Special Order Calendar Group meets in Room 401 of the Senate Office Building. The meeting begins 15 minutes after the Senate Rules Committee adjourns.
Full committee agendas, including bills to be considered, are available on the House and Senate websites.
