Florida’s economy generates sufficient revenues to fund public services to meet state needs. However, a large portion of potential state revenues never enter state coffers because of loopholes in the state’s tax laws, resulting in future budget shortfalls. Instead of cutting the state budget in the name of fiscal conservatism, the state Legislature should adopt policies to close these loopholes and invest state revenues in needed services that benefit all Floridians and the economy.
Current discussions among Florida lawmakers suggest that plans are in the works to cut the state’s total budget for the fiscal year starting July 1, 2017. Recent estimates suggest that after this year’s budget, the state will face a cumulative budget shortfall of $3.2 billion by fiscal year 2019-2020.[1] Lawmakers have already cut the state budget by almost $4 billion since 2010. With state support for core public services currently at their lowest level on a per-resident basis since the recession, further cuts to the state budget would force reductions in education and job training, transportation, health care and public safety.
Balancing the state budget is a difficult process; lawmakers must prioritize and balance long- and short-term state needs, as well as determine how much to allocate for competing priorities. The process becomes more difficult when there are potential budget shortfalls. While lawmakers grapple with how they will allocate available funds over the next three years, it is worth taking a step back and asking the question: If Florida’s economy is doing so well, why is it facing a potential budget shortfall?
In large measure, the answer is the state’s focus on continually reducing potential revenues and its lack of focus on tax expenditures. Tax expenditures are a form of silent spending through legislation that changes Florida’s tax laws. These changes, once enacted, are not part of the annual appropriations process. Tax expenditures reduce the amount of revenues the state collects each year by exempting or returning taxes on selected products and services and business income. Examples include state spending of almost $300 million[2] per year on insurance company tax credits for employees based in Florida, and more than $26 million per year in sales tax exemptions on feed for horses and ostriches.[3]
Florida’s economy has added more than $172 billion dollars[4] in personal income, more than 1.5 million private sector non-farm jobs[5], and almost $10 billion[6] in potential state revenues since 2010. However, actual state revenues collected and transferred only grew by $5.7 billion over the same period. The difference corresponds to legislatively enacted tax expenditures averaging more than $550 million per year — for a total of almost $4 billion — over the same period. The $4 billion never made it into state coffers. It does not include business subsidies appropriated through the state’s budget in the form of economic development programs under the controversial Enterprise Florida. Since 2010, the cost of all tax expenditures grew by 4.3 percent per year, outpacing the state’s economic growth and creating a bigger hole in potential state revenues. Without access to these revenues, it is increasingly difficult for the state to adequately fund critical services. In the current fiscal year, the cost of sales tax exemptions for businesses alone is almost $5 billion.[7] (See our full report on tax expenditures in Florida.)
What is more concerning about tax expenditures is that, as a general rule, they remain in law without review or an expiration date. Tax expenditures are not systematically evaluated to ensure they serve a public purpose or that potential benefits that may have been contemplated with their passage have been realized. Accordingly, these expenditures are not scrutinized by lawmakers in the same manner as expenditures on other priorities such as education, health care and transportation. When significant revenues are unavailable to fund core services, it creates the perception that the cost of core services exceed available state revenues. This imbalance is used as the justification for cutting funding for core services, which is illogical. Florida’s economy currently generates sufficient revenues to increase funding across the board for core services, but substantial revenues never make it into the state coffers.
Budgeting involves discussions on both revenues and expenditures. Lawmakers tend to focus only on the expenditure side of the budget. Any proposal to raise revenues to fund services is equated to “killing jobs.” But while lawmakers shy away from any discussion on the revenue side of the budget, they continue to cut millions from potential state revenues. Despite projections of future budget shortfalls, lawmakers introduced more than 50 bills in the 2017 legislative session that would alter the state tax laws, further reducing future state revenues.
Currently, state support for public services on a per-person basis is at all time low since the recession and is trending downward.[8] Across the individual policy areas, state funding for services is either insufficient to meet current state need or lags the rest of the country. Take, for example, the following areas:
Further cuts to the state budget would make it harder for the state to close existing gaps in services and invest in the future of Floridians. In fact, cutting the state budget would shift the burden on families and businesses to pay more to access these services. Currently, 44 percent of Florida households cannot afford to pay for basic costs of living – including food, health care, housing, child care and transportation – much less other crucial costs, such as higher education. Ironically, these are the same services for which state funding has been gutted since the recession and again are on the chopping block.
Now more than at any point in Florida’s history, the adequacy and sustainability of state revenues to fund core public services are under threats, both from internal and external factors. Internally, Florida’s population is projected to grow annually by more than 1.5 percent over the next few years, increasing the demand for public services. The duration of Florida’s economic growth is unknown. If lawmakers continue to give away future state revenues, it will be even more difficult for the state to raise sufficient revenues to provide basic services for its residents.
Externally, budget cuts and policy changes at the federal level will likely impact the state budget. Since 34 percent of Florida’s budget comes from federal funds, cuts to the federal budget would reduce funds available to the state budget. In terms of policy changes, if Congress acts on recent proposals, Florida stands to lose hundreds of millions in federal funding for programs such as Medicaid and the Temporary Assistance for Needy Families program. Likewise, federal tax reforms that lower the Adjusted Gross Income (AGI) for taxing corporate income would also lower tax revenues for Florida. Currently, the state’s calculation of corporate income taxes begins with the federal corporate AGI.
There are simple steps lawmakers can take to put state revenues on a sustainable path without passing legislation requiring new taxes on businesses or families. This can be achieved in the following ways:
To this end, current statutes already require periodic evaluation of several tax expenditures. However, the evaluation is limited to few economic development programs, which represent a very small share of the total tax expenditures. The Florida House of Representatives is considering House Bill 7005, which seeks to eliminate 24 tax credit programs for which the state has conducted evaluations.
Current efforts are not sufficient to bring tax expenditure laws under scrutiny and take control of the growing costs. Lawmakers need to muster the political will and increase efforts to close these loopholes in the state tax laws.
Lawmakers’ plan to cut the state budget is short-sighted. Cutting the state budget further would result in harm to Florida’s families and its economy. This is unfair to all residents, particularly the 44 percent of Florida households that cannot afford basic costs of living. Lawmakers should insist on policies that would restore state revenues and return investment in the core public services that support the state economy, businesses and families.
Further, lawmakers must recognize that the current path of the state’s budget is unsustainable. Given growing demands for public services and prospective federal policy reforms, the state is likely to face additional impacts on its budget. Continuously cutting state revenues to fund tax breaks further undermines the state’s ability to raise sufficient revenues to fund core services, even when the economy is growing. Lawmakers should take the necessary steps to bring current tax expenditure laws under scrutiny, assess their impact on state revenues and the economy and eliminate those that are not delivering real economic benefits to all Floridians.
Notes
[1] The Florida Legislature, Long-Range Financial Outlook (Three Years Plan). p. 22.
[2] Florida Revenue Estimating Conference, Florida Tax Handbook 2017. p. 115.
[3] Florida Revenue Estimating Conference, Florida Tax Handbook 2017. p. 167.
[4] The Florida Legislature, Office of Economic and Demographic Research, Florida Estimating Conference, Florida Economy, Conference Results: Short Run Tables-February 2011. p. 2; and Long-Run Table, February 2017. p. 2. (Note: Florida’s Personal Income in 2010 was $749.7 billion and in 2016 was $920.1 billion).
[5] U.S. Department of Commerce, Bureau of Economic Analysis, Regional Economic Accounts Data, Interactive Tables: State Annual Income and Personal Employment, Total Full-Time and Part-Time Employment by Industry (SA25, SA25N).
[6] This is the sum of actual increase in general revenues collected and transferred from 2010 to 2016 totaling $5.8 billion and the total tax cuts during the same period of $3.89 billion. See The Florida Legislature, Florida Tax Handbook 2010-2016; and The Florida Legislature, Florida Revenue Estimating Conference, Long-Term Revenue Analysis. Table 1.3. p. 19.
[7] Florida Revenue Estimating Conference, Florida Tax Handbook 2017. p. 170. (Note: Businesses include all exemptions for for-profit businesses, not-for-profits organizations, and miscellaneous exemptions).
[8] Singh, Dhanraj (2017): Florida’s support for public services lowest since the recession and trending downward. Florida Policy Institute.
[9] Dadi, Esubalew (2017): Florida ranks 45th for its Rate of Insured Residents, Despite Historic Increases in Coverage. Florida Policy Institute.
[10] Golden, Terry (2016): Florida Higher Education Funding Lags Pre-Recession Levels, Shifts Burden to Families. Florida Policy Institute.
[11] Dadi, Esubalew (2016): Florida’s Prison System is Understaffed and Underfunded. Florida Policy Institute.
[12] Golden, Terry (2016): Insufficient Affordable Housing Limits Florida’s Economic Potential. Florida Policy Institute.
[13] American Society of Civil Engineers, Infrastructure Report Card, 2016 Report Card for Florida’s Infrastructure. p.1.
American Rescue Plan Act Changes. The American Rescue Plan Act of 2021 extended PEUC and PUA benefits through the week ending September 6, 2021. It also increased the maximum duration of PEUC benefits ($300 a week) to 53 weeks and the maximum duration of PUA to 79 weeks. Although PEUC and PUA did not end until September 6, 2021, Florida withdrew from the Federal Pandemic Unemployment Compensation Program (FPUC) effective June 26, 2021. FPUC provided persons who were out of work due to COVID-19 with an additional $300 a week in unemployment insurance.
Reemployment Assistance weeks reverted to 12 effective January 1, 2022. DEO determines the maximum number of weeks available to RA claimants based on a statutory formula that looks at the average unemployment rate for the most recent third calendar year quarter (i.e., July, August, and September). Based on the downturn in unemployment, the maximum number of weeks for RA reverted to 12 effective January 1, 2022.
RA work-search and work registration requirements reinstated on May 30, 2021. Persons filing an application for RA benefits beginning March 15, 2020, are not required to complete work registration in Employ Florida through May 29, 2021. In addition, work search requirements for individuals requesting benefits for the weeks beginning March 15, 2020, were also reinstated on May 30, 2021.
RA biweekly reporting requirements reinstated. Although previously waived, biweekly reporting was reinstated effective May 10, 2020. DEO’s guide to claiming weeks is here.
Mobile app deployed. DEO has deployed a mobile app for RA applications.
DEO announces extended benefits. DEO announced implementation of Extended Benefits (EB).
Resources and guidance. For a list of resources and guidance from the United States Department of Labor on unemployment insurance and COVID-19, go here.
For DEO’s “Reemployment Assistance Frequently Asked Questions and Additional Resources,” updated 12/30/2020, go here.
For DEO’s latest claims data, go here.
DCF opens offices. DCF has reopened its brick-and-mortar storefronts, which were previously closed due to coronavirus.
DCF adds call center numbers. DCF has added a call center number for Monday through Friday, from 7 a.m. to 6 p.m. Call center numbers now include 850-300-4323, 866-762-2237, or TTY 1-800-955-8771.
Certification periods extended by 6 months only through August 2020. Certification periods for cash, food and medical assistance were extended by 6 months for individuals and families scheduled to recertify in April through August 2020. FNS’ approval of the SNAP extension for August is here. However, effective September 1, 2020, SNAP, TANF and Medicaid recertifications have been reinstated, although DCF says that no one will lose Medicaid due to recertification.
DCF allows phone interviews. Phone interviews are now being used for TANF cash and SNAP food assistance.
Mandatory work requirements suspended only through May 2021. Under a directive from Governor DeSantis to waive work requirements for safety net programs, DCF waived work requirements for individuals participating in the Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) through May 2021. To do this, DCF explains that it partnered with the Department of Economic Opportunity to apply “good cause” statewide for TANF and SNAP recipients who would otherwise be subject to participation in mandatory work requirements as a condition of receiving those benefits. Through May 2021, persons who were sanctioned in the past due to work requirements will be able to reapply and participate in SNAP or TANF again.
Work requirements were reinstated effective June 1, 2021.
Emergency allotments (EA) ended. DCF automatically supplemented SNAP allotments of current recipients up to the maximum for a household’s size for July 2021. However, EA was discontinued beginning August 1, 2021.
The SNAP benefits increase by 15 percent ended in October 2021. Floridians who participate in SNAP to put food on the table will receive a temporary 15 percent supplement to SNAP under COVID relief passed by Congress and extended by the American Rescue Plan Act through September 2021.
FNS permanently increases SNAP through revamp of the Thrifty Food Plan. Effective October 2021, FNS has mandated a permanent increase to SNAP through a revamp of the Thrifty Food Plan. DCF says that the increase amounts to about 6% for Floridians.
Time limits suspended. SNAP time limits are suspended during the COVID-19 public health emergency. No one in Florida should be barred from SNAP due to time limits, even if they exhausted their time limit in the past.
Florida granted waiver to allow families to purchase groceries online. DCF has been granted a federal waiver to permit the State of Florida to launch a pilot project statewide effective April 21, 2020, that allows families to purchase groceries online with their Electronic Benefit Transfer (EBT) card instead of going into stores.
No Medicaid terminations from March 2020 through the end of the federal public health emergency. The national public health emergency has existed since January 27, 2020 and has been renewed by the Secretary of the U.S. Department of Health & Human Services in 90-day increments since that time. The most recent renewal is effective January 16, 2022.
On March 31, 2020, AHCA alerted providers and DCF posted on the ACCESS website that:
Redetermination/recertification times are reinstated. As of October 1, 2020 AHCA's website is alerting recipients that the Department of Children and Families is now mailing letters for case reviews to check if a household is still eligible for Medicaid and/or Medically Needy. AHCA is urging people receiving these letters to take steps now to re-apply. But note, Medicaid coverage will not end during the COVID-19 Public Health Emergency. In January 2021 DCF conducted one-year “automated renewals” for people whose sole income is social security and SSI and are enrolled in an SSI-related Medicaid program (e.g., MEDS/AD, Medically Needy and Medicare Savings Programs). People getting VA income were not included in the automated renewal.
Extended application time. Effective with applications filed in February 2020, the time for submitting documentation required to process an application is extended for 120 days from the date of the application and eligibility will still be effective the first day of the month the application was received. Effective July 1, 2021, this policy has been rescinded. Medicaid applications submitted on or after July 1, 2021 may be denied on the 30th day after application or the day after verification information is due. Applications filed prior to July 1, will be allowed 120 days to provide requested verification to establish Medicaid eligibility.
Exclusion of additional unemployment payments in determining eligibility. The $600/week of additional unemployment insurance payments under the CARES Act will not be counted as income in determining Medicaid eligibility. (However, these payments will be counted as income in determining marketplace subsidy calculations.)
Coverage of Medicaid services during the state of emergency
COVID-19 Vaccines for Medicaid Enrollees. In an executive order published March 16, 2021 Governor DeSantis revised the vaccine distribution plan, which applies to the general public including Medicaid enrollees, to lower the age requirement to 40 effective March 29, 2021 and then effective April 5, 2021 all Floridians are eligible to receive any COVID-19 vaccination approved by the Food and Drug Administration.
Medicaid enrollees eligible to receive the vaccine may visit myvaccine.fl.gov to find a location distributing the vaccine and to schedule an appointment.
On March 12, 2021, AHCA published instructions for Medicaid enrollees on how to obtain Medicaid transportation once they have scheduled an appointment for a vaccine. AHCA states: "Florida Medicaid will take you to get the COVID-19 vaccine at no cost. All you need to do is set up a time to get your vaccine. Next, let your Medicaid plan know you need a ride and they will take care of the rest. If you are not enrolled in a plan, call the Medicaid Helpline at 1-877-254-1055 to find out the name and phone number for a transportation service."
The state has also recently launched a new email system to help bring COVID-19 vaccines to homebound seniors. Seniors will be able to sign up to have the vaccine come to them by emailing a request to HomeboundVaccine@em.myflorida.com.
AHCA has posted Medicaid Alerts and FAQs providing more detail on Medicaid service changes in response to COVID-19. They address a wide range of topics including, but not limited to: telemedicine guidance for medical, behavioral health, and early intervention services providers; long-term care provider network flexibilities allowing more types of providers to deliver specified long term care services; and continuity of care for adult day care center enrollees during the time these centers are closed.
AHCA is loosening coverage restrictions for behavioral health services. Effective May 5, 2020, all prior authorization requirements for mental health or substance use disorder treatment are waived and service limitations (frequency and duration) are lifted. For behavioral analysis services, current authorizations will be extended through an "administrative approval process" which does not require providers to reassess beneficiaries currently getting services. Effective July 1, 2021 service limits will be reinstated for behavioral health services and effective July 15, 2021 Medicaid prior authorization requirements will be reinstated for behavioral health services.
Per a May 29, 2020 provider alert, during the state of emergency AHCA will be reimbursing providers for telemedicine well-child visits provided to children older than 24 months through age 20. Providers are directed to actively work to schedule follow-up in-person visits to administer immunizations and other physical components of the exam which cannot be accomplished through telemedicine.
Coverage of home and community-based waiver services (HCBS) - In response to the public emergency, Florida obtained approval from the federal government to make changes in HCBS waiver programs, including the Long Term Care and Developmental Disabilities programs. The changes are effective retroactively from January 27, 2020 to January 26, 2021. Details can be found here. They include, but are not limited to:
Note on COVID-19 testing, treatment, and vaccines for the uninsured. Florida has not opted to receive 100 percent federal Medicaid funding for COVID-19 testing of people without health insurance. Under the 2021 American Rescue Plan Act this option has been expanded to cover COVID-19 treatment and vaccines for the uninsured as well. Since the state has not taken up this option Floridians must look to an uneven patchwork of free testing, treatment, and vaccine resources scattered around the state. AHCA advises that uninsured people may receive free testing from their county health department or a federally qualified health center and that “many communities provide testing for free for individuals who do not have insurance. Please [click here] to find a test site in your area. Uninsured individuals should ask before the test whether testing is free of charge." There are no state agency instructions on where uninsured people can receive free treatment. However, more information on possible sources for free treatment is available here.
Residency proof no longer required at some vaccine sites, “paving the way for migrants.” - On April 29, 2021 Surgeon General Rivkees issued a new public health advisory specifying that COVID-19 vaccines are available to “a Florida resident” or someone “who is present in Florida for the purpose of providing goods or services for the benefits of residents and visitors of the State of Florida.” This new policy applies to all state-run and federally supported vaccination sites. It rescinds an advisory issued in January that had restricted vaccinations to people who could show proof of Florida residency
2021 unemployment compensation claimants can access free or reduced cost health insurance through the ACA marketplace. The Affordable Care Act (ACA) Marketplace was re-opened in February 2021 to give people who need health insurance a new “special enrollment" opportunity to get covered. The 2021 American Rescue Plan eliminated or vastly reduced premiums for many people with low or moderate incomes.
Starting July 1, 2021, people who received or have been approved for unemployment compensation for any week beginning in 2021 can access free or reduced cost comprehensive health insurance plans through the ACA marketplace. This benefit is available regardless of someone's current income. To get this benefit, people must enroll in the marketplace no later than August 15, 2021. For help with enrollment, contact Covering Florida at 877-813-9115.
School children in distance learning still eligible for free or reduced cost meals. Students in distance learning for 2020-21 can still receive school meals through the National School Lunch Program if they are eligible. The student or parent/guardian may pick up meals at the school but should contact their school for more information.
For a list of current child nutrition program waivers for Florida from USDA, go here.
Congress allows increased fruit and vegetable benefits. At present, WIC provides $9 for children and $11 for women monthly for fruits and vegetables. The American Rescue Plan Act makes funding available for a four-month increase in the benefit of up to $35 monthly, if a state chooses to do so.
DOH attains waiver allowing remote issuance: Department of Health (DOH) obtained a waiver of the requirement that participants pick up their EBT cards in person at recertification or during nutritional education appointments.
WIC participants allowed to substitute certain food. Under a waiver from USDA, WIC participants in Florida are allowed to substitute milk of any available fat content and whole wheat or whole grain bread in package sizes up to 24 oz. when 16 oz. packages are unavailable.
USDA waived physical presence requirements: Although the scope and logistics are unclear at this time, USDA has given DOH permission to waive the requirement that persons be physically present at each certification or recertification determination in order to determine eligibility under the program through May 31, 2020.
USDA extends certification periods through May 31, 2020, for some participants.
For a list of current WIC waivers for Florida from USDA, go here.
HHS provides guidance. HHS has issued guidance on the flexibilities in TANF to respond to COVID-19.