No images? Click here The Florida Senate finished the second week of the session with great progress on essential legislative priorities to mitigate the impacts of COVID-19 on the state and our economy. Senate Bill 72, Liability Protections for COVID-19-Related Claims, by Senator Jeff Brandes (R-St. Petersburg), offers strong protections from civil liability related to the COVID-19 Pandemic for all persons, including businesses, charities, educational institutions, health care providers and others working to serve Floridians and businesses trying to safely reopen. The bill was heard and passed Thursday in the Senate Rules Committee, where I serve as chair. Specifically, the bill requires a court to dismiss without prejudice any lawsuit bringing a COVID-19-related claim if the complaint is not pled with particularity, or if the person filing the lawsuit failed to provide an affidavit of a physician attesting that the defendant caused the plaintiff’s injuries or damages. As it relates to health care providers, the new legislation incorporates Senate Bill 74 to expand COVID-19 liability protections to health care providers. The Florida Senate recognizes our frontline workers as the heroes that they are. We must work to ensure that health care providers who do the right thing are not threatened with frivolous lawsuits that hinder their ability to serve their patients. Our health care providers are working to serve Floridians, and our businesses are trying to safely reopen. The bill requires a plaintiff who files a COVID-19-related lawsuit to prove that the defendant's conduct constituted gross negligence or intentional misconduct. “The unprecedented nature of the COVID-19 pandemic has created an uncertain legal climate for Florida businesses, which could result in serious and ongoing economic challenges for our entire state. Likewise, our health care providers struggled to meet evolving standards and often found themselves desperate for resources, required to make judgment calls with often times limited or conflicting guidance,” said Senator Brandes. “This bill makes it clear that Florida supports businesses who are trying to do the right thing. Florida supports our health care workers – the heroes of this pandemic. Most importantly, Floridians understand that every situation cannot be anticipated, and we support professionals applying their best judgement for how to handle an unfathomably difficult situation.” Having passed three committees of reference, the bill is now available for consideration on the Senate floor. Florida COVID-19 Vaccine Update As of Friday, March 12, 6,182,940 vaccine doses have been administered in Florida. There are now 4,031,776 individuals who have been vaccinated for COVID-19 in Florida. Executive Order 21-47 prioritizes the following populations to receive COVID-19 vaccines:
Starting Monday, March 15, all persons aged 60 years and older will be eligible to receive the vaccine. As more vaccines become available, eligibility continues to expand. Check the Florida Department of Health COVID-19 website for the latest information. ICYMI: Pre-Register for the COVID-19 Vaccine & Find a Vaccination Location Near You The Florida Department of Health (DOH) launched a statewide vaccine locator site and preregistration system to schedule COVID-19 vaccine appointments. Both websites help eligible Floridians preregister for the vaccine and locate nearby vaccination sites. COVID-19 Update: Florida Case Data As of March 12, there have been 1,967,865 positive cases of coronavirus (COVID-19) in Florida, including 31,126 in Collier County, 4,359 in Hendry County and 59,518 in Lee County. As of March 12, the state's positivity rate for new cases is 4.88%. To find the most up-to-date information and guidance, you can visit the Florida Department of Health (DOH) COVID-19 webpage. For information and advisories from the Centers for Disease Control and Prevention (CDC), please visit the CDC COVID-19 website. If you are experiencing symptoms, please contact your local County Health Department. Senate & House Announce Plan to Prevent Tax Hikes on Florida Businesses & Replenish Unemployment Compensation Trust Fund On Wednesday, Senate President Wilton Simpson and House Speaker Chris Sprowls announced a proposal to require out-of-state online retailers to collect sales taxes in Florida. The funds collected would be used to replenish Florida's Unemployment Compensation Trust Fund. The plan will help relieve an unforeseen tax burden for businesses with a physical presence in the state. Currently, retailers that have a physical presence in Florida must collect and remit sales taxes for items sold in the state. Florida tax law requires the collection of online sales tax but does not enforce the measure for those out-of-state. As a result, approximately $1 billion of uncollected sales tax is lost due to out-of-state and foreign retailers taking advantage of the loophole. A recent Revenue Estimating Conference determined the bills could result in the collection of an additional $973.6 million in 2021-2022 and by $1.08 billion each year thereafter. Senate Bill 59 by Senator Joe Gruters, works to level the playing field by requiring online businesses and marketplaces to collect and remit Florida sales tax. SB 50 was temporarily postponed on Thursday and should be heard next week. The House companion, HB 15 by Representative Chuck Clemons, passed its first committee on Thursday. Replenishing the trust fund will prevent an automatic increase in unemployment taxes facing businesses while ensuring that the fund remains solvent for employees when they need to claim their benefits. Governor Ron DeSantis Issues Executive Order to Drop COVID-19 Related Fines Governor Ron DeSantis issued Executive Order 21-65 on Wednesday, remitting any fines that were imposed on individuals and businesses due to local COVID-19 government restrictions. The new order does not apply to any previous COVID-19 related orders or enforcement by the state. It also does not remit fines imposed on assisted living facilities, hospitals or any health care provider. Legislation to Ensure College Tuition Exemptions for Students in DCF Care Advances Young Floridians who enter the child welfare system deserve all the support that we can give. The Senate Committee on Appropriations, chaired by Senator Kelli Stargel, advanced Senate Bill 52: Postsecondary Education, by Senator Ray Rodrigues. The bill clarifies state law to ensure students who are in the custody of the Department of Children and Families or a specified guardian, or who were at the time they turned 18, are exempt from tuition and fees at Florida’s postsecondary institutions. Senate Bill 52 also increases access to dual enrollment for students in public, private or home education settings by creating the Dual Enrollment Scholarship Program, bolstering state funding of dual enrollment tuition and instructional material costs. Additionally, the legislation enhances opportunities for students to earn an associate degree while in high school and authorizes universities to create a bonus program for their best employees. Pro-Consumer Legislation Heads to Senate Floor Senate Bill 56: Community Association Assessment Notices by Senator Ana Maria Rodriguez unanimously passed the Senate Committee on Rules, its final committee stop before heading to the Senate Floor. Senate Bill 56 provides additional notice requirements for condominium, cooperative and homeowners’ associations when collecting assessments by these community associations. This legislation ensures condominium owners are informed of assessment changes enacted by their associations and will help to reduce late-fees caused by the inconsistent delivery of assessments. These changes will keep unit owners, especially seniors, properly informed if the delivery method of a statement of account transitions to e-mail delivery. The bill also increases the payment deadline for a condominium or cooperative unit owner from 30 days to 45 days after receiving an association’s Notice of Intent to Record a Claim of Lien in order to avoid the filing of a claim of lien. Legislation Honors Pinellas County Deputy Michael J. Magli A hero remembered is never forgotten. Senate Bill 1716, by Senator Ed Hooper, honors the legacy of Deputy Michael J. Magli who was killed in the line of duty on February 17, 2021. The legislation renames a portion of County Road 611, East Lake Road, in Pinellas County as “Deputy Michael J. Magli Memorial Road.” The Senate Committee on Transportation, chaired by Senator Gayle Harrell, unanimously approved Senate Bill 1716. Deputy Magli served the Pinellas County Sheriff’s Office for eight years. “I am proud to sponsor this legislation to honor the legacy of Pinellas County Deputy Michael Magli who made the ultimate sacrifice in the service of others,” said Senator Hooper. “I continue to hold Deputy Magli’s family in my thoughts and prayers, may God bless them.” Measure to Improve Child Welfare System Passes Final Committee Ensuring the safety and stability of children in Florida’s foster care system is imperative. Senate Bill 80: Child Welfare, by Senator Jason Brodeur, also passed the Committee on Rules this week. This legislation increases protections and consistency for children in out-of-home care by expanding existing laws related to sibling and transition placements. The bill works to recognize and balance relationships young children develop with out-of-home caregivers and siblings with those of the child’s biological family members, in order to reduce trauma-related to abrupt or frequent placement changes that remove children from safe, successful placements. Senate Bill 80 also requires that a quick reference “FACE sheet” be created to summarize the status of each child’s case and goals moving forward. “We understand that government can never create a perfect system to address myriad challenges that occur when a child is abused or neglected by parents who are supposed to love, nurture, and care for that child. What we can do, and what we have a responsibility to do, is everything in our power to make certain vulnerable young children who have been neglected or abused are not re-victimized in out-of-home care, or constantly tossed around from one placement to another,” said Senator Brodeur, who is himself adopted. Senate Seeks to Provide Tax Relief to Florida Families The Florida Senate is working to deliver tax relief to Florida’s hardworking families by advancing legislation to create two sales tax holidays. Senate Bill 734, by Senator Joe Gruters, establishes the 17-day Disaster Preparedness Supplies Sales Tax Holiday beginning May 28, 2021, enabling Florida families to purchase critical disaster preparedness supplies tax-free. Some examples of tax-free items include:
Senate Bill 598, by Senator Keith Perry, creates the 10-day Back-to-School Sales Tax Holiday to help ensure students have the tools and supplies necessary to be successful in the classroom. During the designated holiday, which begins July 30, 2021, the bill would eliminate taxes on items including:
Senate Bill 598 and Senate Bill 734 were unanimously approved by the Senate Committee on Finance and Tax, chaired by Senator Ana Maria Rodriguez. Legislation Providing Active Military and Veterans with Free State Park Admission Passes Our active-duty military and veterans deserve any benefit that we can give them, including opportunities to enjoy the very land they have fought to protect and defend. The Senate Committee on Military and Veterans Affairs, Space, and Domestic Security, chaired by Senator Tom Wright, unanimously voted to approve Senate Bill 1262: State Park Fee Discounts, by Senator Gayle Harrell. This legislation provides active servicemembers and veterans with lifetime family entrance passes to Florida’s beautiful state parks, free of charge. Senate Bill 1262 is one more way the Florida Senate is ensuring Florida remains the best state in the nation for our active military, veterans and their families to call home. In Case You Missed It: I Discuss the Senate's Priorities for 2021 Session Recently, I was able to sit down with Allison Walker during her In Focus segment on Spectrum News 13 for a preview of the Florida Senate's priorities for the 2021 legislative session. I discussed how we plan to build a sound and balanced budget in response to the COVID-19 pandemic. You may watch the segment here. Welcome to the Florida Senate The Florida Senate is currently closed to the public in accordance with our COVID-19 health measures. However, we received a wonderful surprise from the LEGOLAND Florida Resort earlier this month. One of LEGOLAND's Master Model Builders spent over 240 hours to construct the Florida State Historic Capitol. Over 372,435 LEGO bricks were used to recreate this historic building! I ask that you continue to follow Florida's guidance to ensure the health of you and your family as vaccine administration access expands across the state. As always, please do not hesitate to contact my office any time that I can be of assistance. Sincerely, Kathleen C. Passidomo Senate Rules Chair Naples Office: 3299 East Tamiami Trail LaBelle Office: 25 East Hickpochee Avenue Tallahassee Office: 330 Senate Office Building Not paid for at taxpayer expense. |