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Florida at the helm

Amid controversy about the arrest and capture of Venezuelan President Nicolás Maduro, it fell to Floridians to defend the U.S. on the domestic and international stage.

That unfolded at the United Nations, where Michael Waltz gave an emphatic defense of the action during an emergency hearing.

“If the U.N. … confers legitimacy on an illegitimate narco-terrorist and the same treatment in this charter of a democratically elected President or head of state, what kind of organization is this?” Waltz said.

Michael Waltz addresses the United Nations as Nicolás Maduro’s arrest sparks Florida-led defense of U.S. action.

That followed a weekend of consternation from U.N. Secretary-General António Guterres about the ongoing developments in Caracas.

“I am deeply concerned about the possible intensification of instability in the country, the potential impact on the region, and the precedent it may set for how relations between and among states are conducted,” Guterres said in a statement reported by Reuters.

Meanwhile, Secretary of State Marco Rubio, who played a critical role in the decision to apprehend Maduro, argued to U.S. national media that the mission was both warranted and legal. He noted that the U.S. years ago issued indictments on drug trafficking charges against Maduro and several others within the congressional delegation.

“We can pick and choose which ones we go after, and we have court orders for each one,” Rubio told CBS’s “Face the Nation.” “That will continue to be in place until the people who have the control over the levers of power in that country make changes that are not just in the interests of Venezuela, but in the interests of the United States and the things that we care about.”

Meanwhile, President Donald Trump asserted shortly after Maduro’s arrest that Rubio and a few others in the administration were “going to run” Venezuela in the near term. Rubio, for his part, later clarified that he will work with Delcy Rodriguez, Maduro’s Vice President, who on Monday was sworn in as interim President of Venezuela.

Both Rubio and Waltz, for years, closely followed the situation in Venezuela as members of Florida’s congressional delegation. Nearly half of Venezuelans in the U.S. live in Florida, a number that has surged during the 15 years Maduro has been in power, according to the Migration Policy Institute.

Before holding their current posts, Rubio served as Florida’s senior Senator, while Waltz represented parts of North and Central Florida in the House. Over his 14 years on the Hill, Rubio pushed for regime change in Venezuela, including visiting the South American nation’s border and encouraging Maduro’s own military to ignore orders and allow humanitarian aid across the border.

Waltz, meanwhile, crafted multiple bipartisan pieces of legislation that impose sanctions and pressure Maduro.

A Florida story

Meanwhile, the sitting members of Florida’s congressional delegation offered varied support and criticism of the administration’s actions. But there appeared to be bipartisan agreement on one key fact: Maduro belongs in prison and out of power.

Rep. Maxwell Frost demanded an immediate briefing of Congress regarding the situation on the ground. He expressed strong skepticism about positive outcomes should the U.S. indeed try to run the government in Venezuela or install a seemingly friendly regime there. He also raised questions about whether the administration bypassed legal requirements to obtain congressional approval before a military operation.

Maxwell Frost urges congressional briefing as Florida delegation splits on Maduro arrest, despite bipartisan agreement.

“But a lot of things can be true at once,” the Orlando Democrat said. “There are a lot of people in the Venezuelan diaspora celebrating today, and the reason there is a diaspora is that there is a brutal dictatorship in Venezuela.”

Rep. Debbie Wasserman Schultz, who represents the largest concentration of Venezuelans in the country, said she was upset that the U.S. didn’t immediately install Edmundo González, whom most international observers believe won an election against Maduro in 2024, to head the government.

“To replace one unelected regime with another, which apparently Donald Trump has decided is him, is wildly inappropriate,” the Weston Democrat said.

But among Republicans in the delegation, the chief reaction to Maduro’s arrest was joy. Sen. Ashley Moody publicly defended the action’s legality as a drug enforcement operation. “Do not become the mouthpiece of our foreign adversaries,” the Plant City Republican said to Democratic critics.

South Florida’s Cuban American contingent in Congress held a news conference in Doral celebrating a “glorious day” for the Venezuelan diaspora. All expressed confidence that Venezuela would quickly become self-sufficient and free.

“They have the largest reserves of oil in the world, so they’re going to be able to pay for their own reconstruction. They’re not going to be asking and asking or begging any other country, including ours, to lend them money,” said Rep. María Elvira Salazar, a Coral Gables Republican who chairs the House Western Hemisphere Committee. She also said Maduro’s arrest removes a foothold for Russia, China and Hezbollah in South America.

Reps. Mario Díaz-Balart and Carlos Giménez, both Miami-Dade Republicans, suggested the end of Maduro’s regime could mark impending trouble for Nicaragua and, perhaps more quickly, Cuba, which provided security for Maduro that was neutralized in the raid.

Sen. Rick Scott, days after the arrest, held a news conference alongside Cuban dissident leader José Daniel Ferrer and an associate of Venezuelan opposition leader María Corina Machado. He also signaled, in contrast to Trump’s remarks about Machado this week, a belief that Machado will play a key role in the region’s future. “She’s well respected by Venezuelans,” the Naples Republican said.

But he signaled that it could take time for a new government to come into power. “We would all like it to happen in a day, right? And I think it’s going to happen, but it’s going to take time to make that happen,” Scott said.

Denouncing communism

The power shift in Venezuela unfolded days after Scott filed legislation to raise awareness of the fallout from communism. His bill (S 3244) would designate Nov. 2-8 as “Anti-Communism Week” to increase education about the problems faced by nations adopting the form of government.

“Communism is one of the most destructive and deadly ideologies in human history, responsible for the suffering and deaths of millions while crushing freedom wherever it takes hold,” Florida’s senior Senator said.

Rick Scott links Maduro power shift to Anti-Communism Week push amid renewed ideological warnings nationwide.

“As a nation founded on liberty and individual freedoms, we must never forget these horrors or allow dangerous ideals to be repackaged, idealized or sold to future generations. Designating Anti-Communism Week serves as a reminder of this evil ideology and reaffirms America’s unwavering commitment to freedom and opportunity for all.”

Salazar will carry a version of the bill in the House.

“Communism has left a trail of death, suffering, and shattered nations across the globe, from Cuba to China, from Venezuela to North Korea. Too many Americans, especially in our schools, are now dangerously unaware of the real history and real horrors behind these failed systems,” she said.

“That’s why I’m proud to lead the Anti-Communism Week bill, which formally designates a week when we will reaffirm America’s commitment to freedom, educate our youth about the deadly consequences of communist ideology, and honor the memory of the tens of millions who have died under it. If we lose sight of history, we risk repeating it. This week isn’t just symbolic; it’s a necessary stand for liberty and truth.”

Serving seniors

Moody, before heading home for the holidays, joined a bipartisan effort to strengthen services for America’s seniors. She co-sponsored legislation (S 2120) to reauthorize the Older Americans Act.

That bill would guarantee funding through 2030 for nutrition, social and health services helping seniors for 60 years. It also aims to streamline programs and improve user flexibility.

Ashley Moody backs bipartisan Older Americans Act reauthorization as Florida’s aging population remains policy focus.

“Florida is not only the Sunshine State, but we are also a Silver State — the proud home of nearly 5 million seniors,” she said.

“As the former Florida Attorney General, fighting for our older Floridians was one of my main missions — and it is a fight I continue today as one of the newest United States Senators. I’m proud to co-sponsor the reauthorization of the Older Americans Act, which would strengthen services for our seniors, and support them as they face aging-related diseases and threats.”

Scott, who chairs the Senate Special Aging Committee, has already signed on as a co-sponsor of the bill.

Up to SPEED

A change in permitting policies has cleared the House. The Standardizing Permitting and Expediting Economic Development (SPEED) Act (HR 4776) passed last month on a narrow 221-196 vote, largely along party lines.

Rep. Dan Webster, a Clermont Republican, worked on the bill as it made its way through the House Natural Resources Committee. He said the legislation would restore the original intent of the National Environmental Policy Act (NEPA) from 1969, which authorized federal assessments.

Daniel Webster calls Nicolás Maduro a criminal, urges accountability while cautioning against United States entanglement.

“The SPEED Act — legislation I helped develop — delivers long-overdue, common sense reforms to help streamline the permitting process and expedite critical energy and infrastructure projects,” Webster said.

“For too long, statutory flaws in NEPA have slowed or stalled important projects, driving up costs for taxpayers. By passing the SPEED Act, Congress can cut bureaucratic red tape, establish clear timelines and put the United States back in the business of building again.”

But the bill still proved controversial, with all but 11 Democrats voting against it and one Republican. Florida’s delegation in the House broke along straight party lines, with all Republicans in favor and all Democrats voting “no.”

Making the trade

A stock trading ban, championed by Rep. Anna Paulina Luna and opposed by leadership of both parties, continues to gain steam. A discharge petition filed by the St. Petersburg Republican that could force a vote had 74 signatures as of Dec. 17, and could pick up more as House members return to Washington on Tuesday.

Luna, meanwhile, has continued to publicly push for the bill, including during a speech at Turning Point USA’s conference in December, when she said she may yet convince Speaker Mike Johnson to support some level of restrictions.

Anna Paulina Luna presses for a stock trading ban as Mike Johnson faces pressure from rank-and-file lawmakers.

“Do you think Congress will ever vote to codify Trump’s agenda, like capping prescription prices, when members collectively hold hundreds of millions in Big Pharma stocks that would be negatively impacted? This cannot continue,” she posted on social media.

“I am happy to announce that we have a commitment from Speaker Johnson that in the first quarter of 2026, we will finally deliver this win for the American people and end this corruption for good.”

Keeping bigger bonuses?

For many, the end of the year brought holiday bonuses. Rep. Jared Moskowitz wants the IRS to provide one more gift during the season: tax relief.

The Parkland Democrat filed the Holiday Bonus Tax Relief Act, which would exempt up to $2,500 in bonuses paid out from November through January. As written, it would cover those bonuses paid out starting in November 2025.

Jared Moskowitz proposes a holiday bonus tax relief bill, exempting year-end bonuses from federal taxation temporarily.

“If your employer gives you a holiday bonus, Washington, D.C., shouldn’t take a cut,” Moskowitz said. “This bipartisan, pro-worker, pro-family legislation makes sure workers can keep more of their year-end bonus when they need it most: around the holidays. This is the anti-Grinch bill, and we should pass it immediately.”

He filed the bill with Rep. Ryan MacKenzie, a Pennsylvania Republican. It also includes safeguards to prevent abuse, such as reclassifying standard income as bonuses. It also includes language to grow the exemption after 2026, indexed with inflation.

Smithsonian struggle

The White House, ahead of Christmas, threatened to withhold federal funding from the Smithsonian Institution if its museums don’t purge “improper ideology” that portrays American history negatively.

“Funds apportioned for the Smithsonian Institution are only available for use in a manner consistent with Executive Order 14253 ‘Restoring Truth and Sanity to American History,’ and the fulfillment of the requests set forth in our Aug. 12, 2025 letter,” reads an excerpt of a letter from Domestic Policy Council director Vince Haley and White House budget director Russell Vought and first reported by The Washington Post.

Frederica Wilson criticizes White House pressure on the Smithsonian, warning against erasing Black and immigrant history.

But Rep. Frederica Wilson said Congress should not tolerate such whitewashing of America’s story. She suggested that in many cases, the White House’s directive doesn’t just gloss over dark moments in history but erases the stories of people of color.

“This White House is advancing a vision of America rooted in white supremacy and exclusion. This administration has shown nothing but contempt for immigrants, diversity and Black people. And all these threats to withhold funding are just about whitewashing our history. But America was built on the backs of immigrants! Black immigrants were brought here in chains as slaves to build this nation,” Wilson said.

“We can never forget that, and today, we’re an immigrant-rich country. So, as this White House goes after all the museums, we must stand up and protect the truth. All Americans must unite to protect our history and protect the Smithsonian’s independence to ensure unbiased content across its institutions. When we lose our history, we lose our democracy. And we must fight back and stand up for our history and democracy. The soul of our nation is on the line.”

Marriage troubles

While Salazar spent much of the weekend praising the results of the Trump administration’s Venezuela raid, the Coral Gables Republican also issued intense criticism a week before on the mass deportation agenda.

She said a new report from American Families United spotlighted the destructive impact of anti-immigrant policies on American families. The report focused on an administration policy to deport immigrants even if they are married to citizens. That has caused financial hardship for many spouses and children left behind as parents return to their countries of origin. Key findings show that 97.5% of impacted families reported emotional hardship, while 78% reported financial hardship.

Maria Elvira Salazar backs Venezuela raid while criticizing deportations, pushing Dignity Act to protect families.

“This report exposes a system that is failing American citizens,” Salazar said.

But she suggested that her Office has a solution in mind. She promoted the Dignity Act, a moderate immigration reform proposal she has pushed since her first year in Congress. It would create a path to legal status for those who have lived in the nation for years and have no criminal record, so long as individuals pay fees used to fund border security.

“The Dignity Act puts American families first, restores order and common sense to immigration enforcement and ensures U.S. citizens are no longer separated from their loved ones and treated as collateral damage,” Salazar said.

Personnel notes

Some of the communications staff serving Florida’s congressional delegation made moves as 2025 came to a close.

Kaley Stidham, beginning Tuesday, will serve as Communications Director for Rep. Mike Haridopolos, an Indian Harbour Beach Republican. She wrapped up her time this week in the same capacity, working for Rep. Kat Cammack, a Gainesville Republican.

Stidham will replace George Alderman, who left Haridopolos’ Office in November for a communications post at NASA.

Kaley Stidham moves to Mike Haridopolos’ office as the Florida congressional communications staff shuffle continues statewide.

Elsewhere, Wilson has ads out to replace Alvaro Perpuly as Communications Director. Perpuly is leaving the Hill to relocate to New York City and will remain in the political and media scene there.

Another Florida figure, Brian Hughes, departed NASA as the agency’s Chief of Staff. The longtime Florida government and political leader had followed Susie Wiles, the Jacksonville consultant-turned White House Chief of Staff, to Washington, first working with the National Security Council and later at the space agency.

He said he had agreed to stay with the agency only until Jared Isaacman’s confirmation as NASA Administrator. He was succeeded in the administrative role by Jackie Jester, who had previously served as Deputy Chief of Staff.

On this day

Jan. 6, 2021 — “Florida delegation universally condemns violence in Capitol” via Florida Politics — Protesters in Washington objected to a scheduled certification of President-elect Joe Biden’s victory over Trump. But even those House members who said they would join in objection to electors from several Biden states said the protests seen in Washington were unacceptable. Rubio strongly called on Trump to restore order: “There is nothing patriotic about what is occurring on Capitol Hill. This is third-world style anti-American anarchy.” Added Scott: “No one has a right to commit violence.” And Waltz tweeted: “This is despicable. This is not who we are as a country.”

Jan. 6, 1853 — “The train wreck that derailed Franklin Pierce” — The President-elect boarded a train bound for New Hampshire with wife Jane and 11-year-old son Benny. Frigid weather may have been a factor as the car hit rocks upon the tracks, breaking an axle. Several cars were derailed, toppling off the embankment and plunging into a rocky field. Benny, standing up to look out the window, was horribly maimed in front of his parents’ eyes, the only casualty among some 60 passengers. Survivors later sued the Boston and Maine Railroad, but Jane believed their son was the price paid for Franklin’s political ambitions. She never forgave her husband for betraying the promise he had made to keep out of politics.

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Peter Schorsch publishes Delegation, compiled by Jacob Ogles, edited and assembled by Phil Ammann and Ryan Nicol.



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Christina Lambert builds $1M war chest ahead of West Palm Beach mayoral race

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Christina Lambert’s bid to become West Palm Beach’s next Mayor has crossed the seven-figure mark, a fundraising pace her campaign says is unmatched in city election history.

The campaign announced it has raised more than $1.02 million in the 12 months since filing last January, combining receipts from Lambert’s official campaign account and the Friends of Christina Lambert political committee. The total makes Lambert the fastest mayoral candidate in West Palm Beach to hit the $1 million milestone, according to her campaign.

Lambert’s campaign account has brought in more than $172,000, fueled by 382 donations from 342 unique contributors. The average contribution was just under $456, with donations ranging from $1 to the $1,000 legal maximum. Campaign officials said 128 donors maxed out, underscoring strong financial backing.

The bulk of her fundraising flowed through the Friends of Christina Lambert political committee, which raised more than $854,000 from 46 donations made by 36 unique donors. Those contributions included support from business leaders, unions, community figures and companies that have recently relocated or expanded in West Palm Beach.

Among the most significant contributions were $50,000 from philanthropists Howard and Wendy Cox of Palm Beach and $25,000 from Rob Posner and his investment services firm, which recently moved operations to the city.

“This campaign is about neighborhoods and the people who call West Palm Beach home,” Lambert said. “Reaching this milestone so early shows that people value local experience and a reflection of the broad coalition we’re building: residents, workers, business owners, faith leaders, and community advocates who believe in a city that works for everyone.

“I’m deeply grateful for the trust people have placed in me, and I’m excited to keep listening, leading, and fighting for every neighborhood in West Palm Beach. Our residents and leaders understand how important West Palm Beach has become to the county and region and want to see strong and steady leadership that is ready to tackle future challenges, while continuing to build on the successes we have accomplished.”

The fundraising haul comes as Lambert continues an early, active campaign for a race that won’t be decided until March 2027. The election will be open because the current Mayor, Keith James, is term-limited.

Since launching her campaign, Lambert has emphasized neighborhood-level engagement, including targeted direct mail, text outreach and community events tied to public safety, growth and quality-of-life issues. She has held listening sessions and conducted citywide community surveys, hosting five meetings across all districts during a Spring and Summer listening tour.

Beyond fundraising, Lambert has also rolled out a long list of early endorsements, including the outgoing Mayor, the local Fraternal Order of Police, the West Palm Beach Firefighters Association, the Service Employees International Union, the Chamber of Commerce of the Palm Beaches and the Democratic Black Caucus, along with more than 500 residents.

She has also assembled several campaign coalitions, including a Women’s Leadership Council comprising 100 local executives and community leaders.

Lambert last won election to the West Palm Beach City Commission in March 2024, securing 72% of the vote in District 5.

So far, the only other candidate to file for Mayor is Palm Beach County Commissioner Gregg Weiss. He first joined the Palm Beach County Commission in 2018 and has a term ending this year.



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Bills would create Office of Corrections Ombudsman to monitor prisons

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Saying existing law does not provide adequate and independent oversight of the Florida’s Department of Corrections, two Florida GOP lawmakers have proposed an Office of Corrections Ombudsman to ensure accountability, monitor conditions of confinement, and investigate complaints. 

The measure (SB 1160) is sponsored in the Senate by Sen. Ana Maria Rodriguez, who represents Monroe and a part of Miami-Dade County, and in the House (HB 889) by Rep. Susan Valdés, a Tampa Republican. The idea has been pushed for several years by criminal justice reform advocates. The bill says the legislation is necessary “to create an independent entity as a unit of the legislative branch of state government in order to restore public trust in the department.”

The bills come a month after an investigation into a Panhandle state prison by the Southern Poverty Law Center found that overcrowding and overstaffing resulted in a high concentration of complaints by inmates about excessive force and staff misconduct.

And they come more than five years after the U.S. Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office in the Middle District of Florida issued a report regarding Florida’s Lowell Correctional Institution, the state’s largest and oldest women’s prison. The report found reasonable cause to believe that Lowell failed to protect prisoners from sexual abuse by staff.

Nine states have created corrections ombudsman positions since 2018, while another two have created quasi-oversight bodies, according to Michele Deitch, Director of the Prison and Jail Innovation Lab at the University of Texas, which runs the National Resource Center for Correctional Oversight.

“It’s greater recognition of deaths in custody, of the violence going on inside, of poor conditions,” Deitch said.

“A lot of those are coming to light through journalistic accounts and through advocates’ reports and from people who have been incarcerated, but it’s also the fact that legislators are recognizing that what we’re doing now isn’t working. There are high recidivism rates, and we’re spending a lot of money on prisons and not knowing if they’re getting anything of real value from it, given the high recidivism rates and the poor conditions.”

The Federal Prison Oversight Act in 2024 established an independent ombudsman office to investigate complaints from incarcerated people, their families, and prison staff.

The office would:

— Receive, track, investigate and attempt to resolve complaints concerning correctional facilities made by or on behalf of incarcerated persons, supporters of incarcerated persons, and the public.

— Monitor and evaluate conditions of confinement and treatment of incarcerated persons in correctional facilities.

— Collect and analyze data relating to serious incidents, violence and deaths in correctional facilities.

— Recommend solutions to systemic problems as well as policy changes and corrective actions necessary to “protect the health, safety, welfare, and rights of incarcerated persons.”

— Provide information to incarcerated individuals, supporters of the incarcerated, and the public about the rights of those individuals.

The Legislature would create a Corrections Oversight Committee of 15 voting members to meet quarterly to advise the ombudsman. They would include four members of the Legislature and 11 members of the public representing various constituencies, including a man and woman who have previously served a prison sentence of at least three within the 10 years preceding their appointment.

The Legislature would appoint an ombudsman to a five-year term, and he or she could be reappointed for an additional five years. The Legislature would be required to allocate $250,000 to fund the office.

Accompanying legislation (HB 891, SB 1162) would create a public records exemption for correspondence and communications with the Office of the Corrections Ombudsman and the Corrections Oversight Committee.

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Reporting by Mitch Perry. Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: [email protected].



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Court rules Florida Medicaid termination letters fly in face of federal law

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A federal Judge ruled this week that Florida violated the constitutional rights of hundreds of thousands of people it had removed from the Medicaid rolls following the end of the COVID public health emergency, when it sent beneficiaries “vague, confusing and often incorrect and misleading” termination letters.

In a 273-page ruling in the class action, U.S. District Judge Marcia Morales Howard ordered the state in the next two months to send appropriate Medicaid termination notices to roughly 500,000 low-income people whose benefits the state terminated for financial reasons following the pandemic and were not subsequently reenrolled in the safety-net health care program.

The notice must advise the people of the court’s ruling and, at a minimum, must include “an unambiguous statement” explaining the financial reasons behind the terminations and to whom the decision applies.

“Such notice will ensure that all Class Members have the information needed to determine whether the State’s decision to terminate their Medicaid benefits was correct,” she wrote. “Class Members who believe the State made an error may then pursue the available administrative remedies to correct that error.”

Those “remedies” include an opportunity to request an administrative appeal of their termination, which would enable someone to temporarily be reenrolled in Medicaid pending the outcome of the hearing. The notice must include information about administrative procedures permitting the payment of past medical bills if an error is found.

Howard in her ruling also barred the Department of Children and Families (DCF) — the Florida agency that determines whether people qualify for Medicaid — from terminating someone’s benefits for financial eligibility unless it provides proper notice.

At a minimum, that notice must include the enrollee’s household size, the state-determined countable household income, the eligibility category in which the enrollee had been receiving benefits, and, if it changed, the reason for the change.

DCF did not immediately comment on the ruling or whether it plans to appeal the decision.

‘Welcome news’

Center for Children and Families Executive Director Joan Alker said Thursday she still was reading the lengthy ruling but that she wasn’t surprised by the Judge’s conclusions.

Alker, who has spent more than 20 years studying Florida’s Medicaid program, said the state has a “really complicated” Medicaid eligibility system for children, which includes the optional Medicaid expansion called KidCare. The more complicated the system, she said, the more important it is for termination letters to be easily understood.

“I think it’s welcome news for families here, the Judge recognized that this was a very serious problem that families were facing,” she said. “And again, I’ll say I found the notices extremely difficult to understand and, obviously, I’m a health policy professor who’s been working on this stuff for decades.”

Medicaid is a safety net health care program jointly administered and paid for by the state and federal governments. Just under 4 million people were enrolled in Medicaid in Florida as of Nov. 30, 2025, the latest available data.

During the COVID pandemic, the federal government increased by 6.2% its contributions to the Medicaid program. The increased funding came with the caveat that states couldn’t disenroll people during the pandemic.

The policy ballooned Florida’s Medicaid caseload from 3.8 million people in March 2020, before the pandemic, to more than 5.75 million in March 2023.

Congress agreed the continuous eligibility requirement would end March 31, 2023, and that, post-pandemic, states could return their Medicaid programs to their normal operations. That process was known as Medicaid “unwinding.”

Florida started its Medicaid unwinding on April 1, 2023, and by the following year DCF redetermined the Medicaid eligibility of more than 4 million people.

Attorneys for Florida Health Justice Project and the National Health Law Program filed the lawsuit in Jacksonville in 2023 on behalf of people who erroneously lost benefits. Howard agreed to certify it as a class action in 2024.

“This ruling is a victory for the millions of Floridians who rely on Medicaid for essential health care. Medicaid agencies inevitably make mistakes when deciding eligibility. Clear, easy-to-understand notices are essential to catch and correct those mistakes before someone loses health care. The Court’s decision will ensure that Floridians have that critical protection from now on,” Sarah Grusin, senior attorney at the National Health Law Program, said in a prepared statement Thursday.

“It also underscores that states cannot shirk their constitutional obligations. Florida has known about the problems with their notices for years but has not addressed them, citing the cost and complexity of making changes to the computer system that generates notices. But as the Court emphasized, state officials cannot justify violating the constitutional rights of their citizens because they claim the fix is too expensive.”

‘Poorest of the poor’

There are two broad category groups: “SSI-Related Medicaid” for people who are aged, blind or disabled in the community, and “Family-Related Medicaid” for children, parents and other caretakers of children, pregnant women, and former foster children under the age of 26.

The lawsuit focuses on “Family Related Medicaid” beneficiaries, whom Howard described as some of the state’s “most vulnerable citizens.”

“They are primarily pregnant and postpartum women, infants, and children. And as is evident from the applicable income standards, these individuals are the poorest of the poor,” Howard said. “Prior to terminating the Medicaid benefits on which these individuals depend, the Constitution requires the State of Florida to provide them with adequate notice. The State of Florida is violating this constitutional requirement. “

Regardless of the eligibility group, residents also must meet certain income requirements, which vary by, among other things, age and household composition.

The complicated details of how household income is derived are laid out in policy manuals which, Howard noted in her ruling, are “plainly designed for internal use by those who have been taught how to use it.”

Howard’s lengthy ruling also touches on the DCF call center operations and its website.

Using April 2024 as an example, Howard noted, the call center received more than 1.9 million phone calls, of which 593,923 were resolved with an interactive voice response system through which people can self serve.

Another 1.38 million-plus callers asked to speak with an agent for a variety of reasons, including long wait times and abandoned phone calls; only 32% (444,319 callers) who requested to speak with a live agent succeeded. Upon reaching an agent, those interactions lasted for an average of nine minutes and 28 seconds, including the time the agent spent working on the case after the call ended.

Meanwhile, termination letters referred residents to the DCF website to learn more about eligibility requirements, but Howard noted in her ruling that the webpage didn’t provide all the information people needed or the links to get the information. In some instances, information on DCF’s homepage was incorrect or incomplete.

“The length of this Order might suggest that the question before the Court — whether the State’s notices are constitutionally adequate — is overly complex or a razor close call. It is neither. The length of this Order is not reflective of the complexity of the legal issue, it is reflective of the complexity and unreasonably confusing nature of the notices. It is driven by the need to address the complete inadequacy and borderline incomprehensibility of the notices and the inadequacy of the other resources identified as remedying the failure of the NOCAs (notices of case action) at issue,” she wrote.

“As detailed in this Order, the Court’s review of the evidence and the notices — their structure, the confusing, contradictory, and often misleading reasons they provide, and the lack of alternate available sources for the necessary information — inescapably leads to the conclusion that the State’s notices are fundamentally insufficient to satisfy the requirements of due process.”

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Reporting by Christine Sexton. Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: [email protected].



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