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Lawmakers File Bill to Provide COVID Liability Protections

January 7th, 2021 by Jake Stofan

Florida businesses could be shielded from frivolous COVID lawsuits under legislation unveiled by both chambers of the legislature.

Florida Republicans say businesses in the state that have been operating through the pandemic deserve special protections, to prevent a second economic hit from lawsuits blaming businesses for COVID infections.

“If they’re following the guidelines they’re going to have a safe harbor from liability going forward,” said State Senator Jeff Brandes.

Senator Brandes is sponsoring the legislation.

Business would have to be shown with clear and convincing evidence they were the cause and acted with gross negligence.

“And that would extend to virtually any business in the state,” said Brandes.

Healthcare providers are excluded from the legislation, but Brandes said they’ll get their own bill protecting them other suits they may face.

“Elective surgeries being canceled at scale, that was clearly something. The inability to get in and see your doctor because the doctor’s office wasn’t open,” said Brandes.

Florida Democrats have questioned the need for liability protections, arguing businesses would rather lawmakers pass additional relief.

“To help them with commercial rent payments. To help them have the resources that they need to be able to hold on to their employees,” said State Representative Carlos Guillermo Smith.

But Brandes said there are a multitude of business and health care groups who have pleaded for the legislation.

“Point me to a business that’s saying, ‘please don’t provide us COVID protections. Please lower the standard and allow people to sue us easier’,” said Brandes.

The Florida Chamber, the Associated Industries of Florida and the National Federation of Independent Businesses have all thrown their support behind liability protections.

As have the Florida Health Care Association and the Florida Hospital Association.

Florida TaxWatch, the state’s top fiscal watch dog will announce the findings of two reports Monday, giving an overview of the potential economic impacts to Florida businesses if liability protections are not passed.

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Task Force Aims to Vaccinate Black Floridians

January 6th, 2021 by Jake Stofan

A newly formed task force aimed at vaccinating Florida’s black community convened for the first time Wednesday morning.

The group of health care workers, pastors, HBCU’s and black leaders is hoping the state will work with them in their pursuit.

Recent Census estimates put Florida’s black population around 3.4 million, or 16.9 percent.

But black Floridians account for 22 percent of COVID hospitalizations and 17 percent of total deaths.

“This is a sense of urgency,” said Reverend RB Holmes of the Bethel Missionary Baptist Church.

A newly formed task force has made vaccinating 60 to 70 percent of black Floridians its mission.

Currently, black Floridians make up less than six percent of vaccinations given so far.

“It is incumbent upon this task force to encourage family members and friends and members of our congregations and people that we associate with, colleagues, to follow us in rolling up our sleeves to take the vaccine,” said Bishop Adam Jefferson Richardson Jr. of the 11th Episcopal District.

The task force is faced with the difficult task of overcoming historical distrust of the medical system among the black community.

“We understand the medical community, how bad it has been back in the day. We get this. But in this day, too many people are dying across this country,” said Holmes.

Task force members applauded the Governor’s use of black churches as vaccine distribution centers.

They hope their efforts can be joined together.

“We’ve got to go from the spirit of criticism to the spirit of cooperation,” said Holmes.

The task force has reached out to the Governor and asked to collaborate with the state’s vaccination efforts.

We also reached out to the Governor’s Office and asked whether the Governor was considering the proposal, but have not yet received a response.

Before the real work can begin, the task force still needs to secure funding sources to pay for educational advertising campaigns it plans to run.

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Electric Vehicle Growth Rapid

January 6th, 2021 by Mike Vasilinda

A new report suggests the number of electric vehicles in Florida will grow exponentially in Florida over the next decade.

Named the EV Roadmap, the report suggests Florida is in good shape now, but must do more to provide charging stations in rural areas.

Denise Schmidt is one of 60,000 electric vehicle owners in Florida.

“This is one of the best charging stations,” said Schmidt.

We met Denise at a charging station near I-10.

She was on her way home in Watersound on the panhandle coast, and stopped to shop while her car charged.

“This is a supercharger, so in thirty minutes I can charge a 150 miles,” said Schmidt.

A new report by the State Energy office which is overseen by Agriculture Commissioner Nikki Fried, predicted that by 2030, there will be a 120,000 new EV’s sold every year.

“And so when start putting these charging stations up across the entire state, that’s when we have to start focusing, making sure that we are putting them at apartment complexes in low income communities. Making sure that we putting them out in our rural communities,” said Fried.

Today, most charging stations are within a few miles of the coast, posing potential problems for EV owners during a hurricane evacuation.

“God forbid somebody has bought an electric vehicle to help our environment, and then get stuck during a hurricane,” said Fried.

By 2030, one in four vehicles sold in Florida will be an electric vehicle according to the report.

That means the state will have one fourth less gas tax revenue to build roads.

Legislation also passed last year requires the state to start planning for an electric vehicle future.

In December, FPL, the state’s largest utility, was given authority to charge 30 cents a kilowatt hour for EV Charging.

FPL has an ambitious plan to put charging stations at 50 mile intervals on major highways, but the state has yet to develop incentives for expanding the stations to rural areas.

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Trump Supporters Protest at State Capitol

January 6th, 2021 by Jake Stofan

As pro-Trump protests rage in the nation’s Capitol, About 50 protestors have also taken to the State Capitol grounds.

Members of the controversial group, ‘The Proud Boys’ were present.

Protesters held signs in support of President Trump and reading ‘Stop the Steel’.

In the nation’s capitol, lawmakers were evacuated after protestors breached the Capitol doors and even entered the Senate Chamber.

Lawmakers are not present in Tallahassee, but will return for their first round of committee meetings for the 2021 session next week.

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Biggest Challenges Facing Hospitals: Vaccine Supply, Staffing

January 5th, 2021 by Jake Stofan

The latest numbers published by the state show nearly 290,000 Floridians have received their first dose of the COVID-19 vaccine.

The vaccine rollout hasn’t been without its challenges and Florida hospitals are faced with a classic dilemma of supply and demand.

A vaccine distribution site in the state capital was running smoothly Tuesday.

Vaccinations had to be scheduled, resulting in short line and wait times.

But that’s not the case everywhere.

Distribution sites in multiple counties have seen long lines and a flood a of people trying to schedule appointments, causing website and phone line crashes.

“Well let’s start with the positive, that so many people want to get vaccinated,” said Florida Hospital Association President Mary Mayhew.

Mayhew said with less than a million doses, many of the issues come down to supply and demand.

“We have 4.5 million people 65 and older and you need two doses,” said Mayhew.

Hospitals are also faced with staffing challenges, as more than 7,500 patients are hospitalized with COVID.

“Our challenge today will be the availability of a workforce. Both a workforce that can be at the bedside… as well as those who can now help to vaccinate,” said Mayhew.

Hospitals are also faced with the uncertainty of when and how many doses of vaccine they may receive.

“[It’s] Very difficult to support the kind of logistics that you need to plan accordingly without that kind of longer term predictability of vaccine week over week,” said Mayhew.

To ramp up vaccination efforts the Governor called on vaccination sites to operate seven days a week, but meeting that goal is also contingent on having adequate staff and vaccine.

The Florida Hospital Association is applauding the Governor’s announcement Monday, that the state will hire 1,000 additional nurses to help alleviate some of the staffing issues posed by the vaccination effort.

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Big Stakes in Georgia Election

January 5th, 2021 by Mike Vasilinda

The eyes of the entire nation are on Georgia, where voters will decide which party controls the US Senate.

Voters across the state line are well aware of what’s at stake.

A dozen Florida lawyers, volunteering for the Republican Party of Florida, were in Georgia Tuesday, ready to challenge any election irregularities.

“Well certainly, we hope that everyone here is going to be following the law and insuring that every legal vote is counted, and really, what I am hoping for is uniformity across Georgia. That we don’t see different standards being applied in different counties,” said GOP volunteer attorney Ben Gibson.

Two US Senate races and a Public Service Commission race are on the ballot.

A polling place just ten miles across the state line in Thomasville Georgia started with a strong turnout and had a steady flow of voters throughout the day.

All appeared to know the who nation was watching what they were doing.

“And for me it just falls to my ancestors. They fought for us to have the right to vote so, its only right for me, for my ancestors,” said Georgia voter Valensia Randall.

“I think we need some checks and balances in this country and if we have Democrats or any one particular party having both, then we kind of miss out on that,” said another voter, Dr. Adam Graham.

Elections officials have been counting mail in ballots for the last three weeks.

They are confident results will be known Tuesday night.

The Florida lawyers, who are in Atlanta are bracing for a long day.

“We’re really the people’s eyes and ears and the more transparency we can have for an election process, the better,” said Gibson.

More than three million votes were cast before election day.

The runoff election is being held because none of the candidates got 50 percent of the vote in November.

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Unemployment Taxes Going Up

January 4th, 2021 by Mike Vasilinda

The number of people who have filed for unemployment benefits crossed the five million mark over the holidays and Florida employers begin the new year with higher taxes to cover unemployment benefits.

Employers across the state are starting the new year with this notice from the State Department of Revenue.

It’s letting them know their cost of doing business is going up to help replenish the state’s reemployment trust fund.

Businesses with a good track record will see their rate go from one tenth of a percent to almost three tenths of a percent on the first $7,000 in wages.

“Any payroll based tax increase is not good for the small business climate,” said Bill Herrle with the National Federation of Small Business

Herrle said while no hike is ideal, the increase will keep Florida’s fund stable.

“Business owners are the sole payers into the unemployment system, so they have a strong stake hold in making sure we continue to pay benefits, and we don’t get into a very high debt that will cause rates to go up even higher,” said Herrle.

Unlike the 2008 recession, when Florida had to borrow $2.7 billion to pay unemployment claims, this year the fund is solvent and above water.

In a catch 22, many businesses are having trouble hiring.

Goodwill of the Big Bend, can’t fill vacancies.

“We have anywhere from forty to sixty jobs postings at all times, so we are constantly in the market looking for qualified employees,” said Goodwill Industries of the Big Bend CEO Fred Shelfer.

The new round of stimulus and unemployment payments will likely push more people out of the job market, putting pressure on companies to pay more to fill vacancies.

The maximum reemployment tax rate for employers with poor records remains at 5.4 percent of the first $7,000 in wages.

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State Encouraging In-Person Learning for Students Falling Behind

January 4th, 2021 by Jake Stofan

Tens of thousands of parents across the state are receiving letters informing them that their children are falling behind in school and should consider switching from online to in-person learning.

The letters are mandated by the latest emergency order put in place by the Department of Education, but ultimately the choice to stay online or return to the classroom is up to the parents.

In some counties like Escambia, more than 80 percent of virtual students are getting one.

“We want to make sure that the parents are aware of the challenges they might currently be facing,” said Andrea Messina, Executive Director of the Florida School Boards Association.

Messina said she’s not ready to say the high percentage of students receiving letters is evidence virtual learning hasn’t worked.

“The true actual data that’s reliable is not yet available,” said Messina.

The Florida Education Association said this school year has been difficult for students across the board.

“Even kids in school are struggling more than what we typically see. There’s a lot of stress on our students. There’s a lot of stress on the system as a whole,” said FEA President Andrew Spar.

We reached out to the Department of Education and asked how many students across the state will be receiving letters like this one, but were told those aren’t numbers the department is tracking.

And Messina said if you do receive a letter, it’s not required you send your child back to the classroom.

“But by getting the letter, our hope is that there’s an increased sort of awareness and diligence on the part of both the school and the home to make sure that the student has the most supportive learning environment,” said Messina.

The School Boards Association said each district spent the winter break fine tuning their plans for operating amid the pandemic.

The Association is hopeful those efforts will result in better outcomes for both virtual and brick and mortar students.

Under the new emergency order, schools will still receive full funding for virtual students, the same as in the fall.

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Greyhound Racing to End at Midnight

December 31st, 2020 by Jake Stofan

At midnight, the nearly century-old tradition of racing greyhounds in Florida will come to an end.

The battle over greyhound racing was hard fought on both sides for decades.

The first greyhound track was built in Florida in 1922, but dog racing wasn’t officially made legal until 1931.

“It was approved by the Legislature during the Great Depression as a fundraising tool for the state,” said Jack Cory, a lobbyist representing the Florida Greyhound Association.

Florida remained the hub for greyhound racing for nearly a century, but animal rights groups spent decades pushing lawmakers to end the practice.

“We strove to educate them about it. We wanted them to know that a dog died every three days in Florida. We wanted to let them know that dogs were drugged,” said Christine Dorchak, President of Grey2K USA Worldwide, which was one of the main groups that lobbied to end greyhound racing in Florida.

Anti-racing advocates didn’t find success until the Constitution Revision Commission met in 2018 and put the question before voters.

The Protect Dogs: Yes on 13 Campaign ensued.

And to the dismay of the racing industry, 69 percent of voters approved the amendment.

“It’s a sad commentary when the constitution is used by out of state radical groups to hurt the economy of the State of Florida,” said Cory.

Anti-racing advocates now have their sights set on West Virginia.

“The trend is definitely with the greyhounds. We’re very hopeful that the cruelty of dog racing is going to end, not just in this country, but across the globe,” said Dorchak.

As for the dogs, greyhound industry advocates estimate two thirds will be adopted out, while the rest will likely go on to continue racing in the four states where tracks still to operate.

The final greyhound race will be run at Derby Lane, the oldest existing track in Florida founded in 1925.

It’s scheduled for 11:59 PM, just one minute before the ban takes effect.

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New Legislation Seeks to Legalize Sports Betting

December 30th, 2020 by Jake Stofan

As many Americans prepare to finish out their fantasy football seasons this week, a State Senator is hoping next year you may be able to legally play for money.

A bill to legalize sports betting has been filed for the 2021 legislative session.

According to LegalSportsReport.com, legal sports wagering in 19 states and the District of Columbia has generated $340 million in tax revenue over the past two and a half years.

“This activity is occurring in Florida today,” said State Senator Jeff Brandes.

Brandes wants Florida to get in on the action.

His proposal would put the Department of the Lottery in charge of regulating sports betting.

“This would allow a much more legitimate way to play,” said Brandes.

The bill would permit betting on both collegiate and professional sports.

Winnings would be taxed at 15 percent.

Athletes, coaches, referees and management would be banned from betting.

And as with the lottery, revenues generated would go towards education.

“To expand the great school offerings we have in the state,” said Brandes.

FSU sport management professor Dr. Jason Pappas said it could also help boost revenues for college teams, which have been hit hard by the pandemic.

“This would be another huge revenue stream that would offset some of those costs and I truly believe over the long term would actually increase probably bigger than any other revenue source that’s out there when it comes to sport,” said Dr. Pappas.

The odds are generally against any gambling legislation passing in Florida.

Next year things will be further complicated as lawmakers attempt to negotiate a new gaming compact with the Seminole Tribe.

Brandes hopes his bill can stand on its own.

“Doing it through the lottery, we’re not giving anybody anymore leverage against us in terms of withholding funds if somebody technically breaks the compact,” said Brandes.

This is the second year in a row the bill has been filed.

Last year it wasn’t heard by any committees, but there is new leadership this year deciding which bills are taken up.

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Vaccine Distribution to Ramp Up After the Holidays

December 29th, 2020 by Jake Stofan

The state’s latest vaccine report shows more than 122,000 Floridians have received their first shot of the COVID-19 vaccine.

Florida Director of Emergency Management Jared Moskowitz told us the actual number is likely around 150,000.

“It’s taking providers up to 72 hours to enter the information,” said Moskowitz.

Moskowitz said vaccinations have slowed down in recent days due to the holiday season, but he anticipates distribution of the 900,000 doses the state has received so far to ramp up in the coming days.

“We’ve impressed upon the hospitals and our county health departments and all of our partners out there that we need to pick up the pace, but that’s why I said I think when we get on the other side of this holiday season you’re going to see that happen,” said Moskowitz.

How quickly the state gets to Phase II of its vaccine distribution plan depends on two factors: How many vaccines the state gets, and how many people over the age of 65 opt to get vaccinated.

“If 60 or 70 percent of 65 and older people want the vaccine, then it will take a little longer to get to the next group,” said Moskowitz.

So far one out of five Floridians who have received the vaccine are 65 or older, but Moskowitz expects that share will grow as Phase I ramps up after the new year.

And while the state decided to prioritize vaccinating the elderly over essential workers, Moskowitz said there will be concentrated efforts to ensure access to the vaccine among rural and minority communities.

“That’s why we’re trying houses of worship this weekend. If that turns out to be a good mode of getting the vaccine out in the African American community, we’ll expand that,” said Moskowitz.

And the Director said negative reactions to the vaccine have been rare.

As a precaution, kits to treat anaphylactic shock are on hand where the vaccine is being given.

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New Laws Take Effect New Year’s Day

December 28th, 2020 by Jake Stofan

At the start of 2021 Florida’s minimum wage will rise nine cents, but the pay raise isn’t the only change the state will see.

The new year will also bring new laws and the end to a century-old Florida industry.

Employers will have to begin checking the immigration status of their new hires through the federal e-verify system or by collecting I-9 forms starting January 1st.

The Governor earlier this year suggested it will ensure legal citizens are first in line to be hired.

“That could actually be something that’s even more important now given that people are going to be needing jobs,” said governor Ron DeSantis in March.

But others like the ACLU worry it will make the hiring process more difficult.

“Businesses don’t need more obstacles right now for hiring new workers and that’s exactly what E-Verify does. Businesses need flexibility and E-Verify ties their hands,” said Kara Gross with the ACLU of Florida.

New Year’s Day will also see penalties doubled for illegally passing a school bus.

Fines will be set at $200 or $400 depending on which side of the bus a driver passes.

“We’re sending a message that we’re taking this seriously. Pay attention to the roads, especially when there’s young children that are going on and off of the school bus,” said House sponsor State Representative Emily Slosberg.

The start of 2021 will also mark the end of greyhound racing in the state, which is required by a 2018 constitutional amendment that won 69 percent of the vote.

“These dogs will not have to race for their lives any longer and will be able to be regular dogs,” said Kate MacFall with Protect Dogs: Yes on 13.

There are 3,000 Florida jobs associated with greyhound racing, but those in the industry have had time to prepare.

“So they have been processing the animals to adoption homes,” said Jack Cory, a lobbyist representing the Florida Greyhound Association.

The last greyhound racing event will take place on December 31st at the Palm Beach Kennel Club.

The final race is scheduled for 11:59 PM, just a minute before the ban goes into effect.

The majority of Florida’s racing greyhounds are being adopted out.

Advocates we spoke with recommended going to petfinder.com if you’re looking to adopt.

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Lawmakers Attempt to Balance Open Government and COVID Safety

December 24th, 2020 by Jake Stofan

When lawmakers return to the Capitol after the new year, COVID will impact how lawmakers meet.

Both the House and Senate have adopted separate policies for keeping the Capitol safe while still attempting to keep committee proceedings open to the public.

Lawmakers have had to strike a balance between open government and public health as they prepare for January committee meetings.

“It’s just really hard to keep government open to the public when coronavirus is still so rampant out there,” said Pamela March with the First Amendment Foundation.

All members of the House and Senate will be required to receive a negative COVID test before entering the Capitol at the start of each week.

The House is limiting the number of people who can attend and requiring them to register in advance.

“So you’re going to have lobbyists, you’re going to have media and you’re going to have advocates and you’re going to have people that just want to observe vying for those few places online and somebody is bound to get left out,” said Marsh.

The Senate is allowing reporters in committee rooms, but limiting in-person testimony to invite only.

“They both have their ups and downs and I don’t think there’s any ill intent,” said Marsh. “I think no matter what happens we’re going to have less diversity of opinion.”

All others who want to testify in the Senate will be able to do so virtually at a nearby civic center.

State Rep Carlos Guillermo Smith sees it as a missed opportunity because people will still have to travel to the Capitol.

“Isn’t it just as easy to allow others to testify virtually in other remote places across the state?” said Smith.

But State Senator Danny Burgess feels a proper balance has been struck.

“The bottom line is nobody is going to operate in the dark. We’re going to make sure that Florida operates the way it’s supposed to regardless of how we have to move forward,” said Burgess.

The rules apply only to the first round of committee meetings.

Lawmakers hope if the virus begins to recede, more accessibility to the Capitol will be permitted when the 2021 session officially begins on March 2nd.

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Plan to Prioritize Elderly for Vaccine Taken Favorably

December 23rd, 2020 by Jake Stofan

Florida won’t be following CDC recommendations for Phase II of the COVID vaccine rollout.

The Governor announced Wednesday he will be signing an executive order, making clear the state’s priority for vaccinating Floridians aged 65 and older.

The decision is being applauded by some healthcare groups.

The COVID vaccine is rolling out and first on the list, per CDC guidance, are healthcare workers and long term care residents and staff.

“Employees get tears in their eyes, the residents are emotional because finally we’re seeing some light at the end of the tunnel,” said Emmett Reed, Executive Director of the Florida Health Care Association.

Emmett Reed, Executive Director of the Florida Health Care Association says he believes Phase I could be completed very soon.

“The way that I’m seeing it, it’s a matter of weeks,” said Reed.

But for Phase II, Florida will go its own way.

CDC recommendations say essential workers and people 75 years and older should be next on the list.

Instead, Governor Ron DeSantis will prioritize Floridians aged 65 and up.

“We are not going to put young healthy workers ahead of our elderly vulnerable population,” said DeSantis in a press conference Tuesday.

The move is being applauded by the Florida Hospital Association.

“They are at greatest risk of COVID-19. They are certainly those that are most at risk of becoming hospitalized,” said Mary Mathew, FHA President.

According to AARP more than 70 percent of COVID fatalities nationwide have been people over the age of 65.

With hospitalizations more than doubling since September, Mayhew hopes targeting the elderly will ensure open beds for COVID and non-COVID patients alike.

“We know cancer, heart attacks, that hasn’t gone away and we need to make sure that there’s capacity in the system to support those needs as well,” said Mayhew.

At 4.4 million, Florida has more people aged 65 and up than any other state.

Under the Governor’s plan, one out of five Floridians will qualify for the vaccine in Phase II.

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Lawmakers Prepare to Address Pandemic Legislation

December 22nd, 2020 by Jake Stofan

Individuals and businesses can expect to see COVID relief coming from Washington after lawmakers agreed on a nearly $900 billion stimulus package, and more help could be coming through the state next year when the Florida Legislature starts its 2021 session.

Lawmakers on pandemic committees in both the House and Senate are already floating ideas for what they hope to accomplish.

After finishing up the 2020 session in March, the Florida Legislature has had essentially no role in responding to the pandemic.

“There’s no question that we have a lot of work to do,” said State Representative Carlos Guillermo Smith.

Smith will serve on the House’s Pandemics and Public Emergencies Committee.

He said he hopes to see the Legislature provide financial relief to small businesses and help Floridians who have fallen behind on rent and utilities.

“States like Virginia for example passed $100 million in utility relief,” said Smith.

State Senator Danny Burgess is chairing the Senate’s pandemic committee.

He’s advocating for liability protections for businesses, to prevent frivolous pandemic related lawsuits.

“We just need to make sure that we’re doing what we can to allow others to feel comfortable opening their doors and to continue to build on our economy,” said Burgess.

Along with relief, the committees will also be looking at the state’s response to the pandemic to better prepare for a similar threat in the future.

“We also need to think long term. And long term, not if this happens again, but when this happens again. Because viruses were here before us and viruses are going to be here after us,” said Burgess.

And part of that will include looking at the use of emergency powers by local governments and the Governor.

“There needs to be more stakeholders at the table. More people providing oversight and input,” said Smith.

So far none of these proposals have actually been filed as legislation, but the lawmakers we spoke with told us there are already drafts in the works.

Both pandemic response committees will meet for the first time on January 14th.

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