HB 33- Relating to Texting while Driving & SB 90-Relating to Use of Wireless Communications Devices While Driving

On Tuesday, January 9th, HB 33, by Representative Jackie Toledo (R-Tampa) and Representative Emily Slosberg (D-Delray Beach) was heard by the House Transportation and Infrastructure Subcommittee and passed by a unanimous vote of 14 yeas to 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

On Wednesday, January 10th, SB 90 by Senator Keith Perry (R-Gainesville) was heard by the Senate Committee on Transportation and passed by a vote of 5 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

Currently, Florida law prohibits a person from texting, emailing, and instant messaging while driving; however, enforcement of this is a secondary offense, which means a law enforcement officer must detain a driver for another traffic offense in order to cite the driver for texting while driving. The bill would change the current enforcement of the ban on texting while driving from a secondary offense to a primary offense, allowing law enforcement officers to stop a vehicle solely for texting while driving. This legislation also specifies that the enforcement officer who has made the stop must inform the driver that they have the right to decline a search of their wireless communication device. The main goal of this legislation is to eliminate a component that contributes to distracted driving on Florida’s roadways.

There is a difference between the two bills, in that SB 90 requires that all fees collected for this offense be remitted to the Department of Revenue to then be deposited into the Emergency Medical Services Trust Fund of the Department of Health.

HB 33 will go on to the House Judiciary committee for its next hearing.

SB 90 will go on to the Senate Appropriations Subcommittee on Transportation, Tourism, and Economic Development for its next hearing.

AIF supports legislation that addresses the issue of distracted driving and will ensure public safety for all on Florida’s roadways.

 

SB 760 & HB 623-Relating to Grounds for Nonrecognition or Out-of-Country Foreign Judgments

On Tuesday, January 9th, SB 760, by Senator Aaron Bean (R-Jacksonville) was heard before the Senate Committee on Commerce and Tourism, and unanimously passed by a vote of 8 yeas to 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

On Thursday, January 11th, HB 623, by Representative Cord Byrd (R-Jacksonville) was heard before the House Judiciary Committee and passed by a vote of 17 yeas to 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

This legislation amends the Uniform Out-Of-Country Foreign Money - Judgment Recognition Act, codified in chapter 55 F.S., to add two additional permissive grounds for nonrecognition of a foreign money judgment by a Florida court. The Act currently provides three mandatory grounds for nonrecognition and eight permissive grounds for nonrecognition of a foreign judgment. Of the mandatory grounds that are similar to those in the bill, the Act requires nonrecognition where the foreign country’s court system is systematically unfair, failing to provide impartial tribunals and compatible due process of law.

These bills adds two permissive grounds for when a Florida court may decline to recognize a foreign judgment on more individualized due process grounds: 

• There is “substantial doubt” about the “integrity” of the particular foreign court that rendered the judgment. 
• The particular foreign court that rendered the judgment failed to afford due process in the proceedings.
  
  

SB 760 will go on to the Senate Committee on Rules to be heard.

HB 623 will go on to the House floor for consideration.

AIF SUPPORTS legislation to clarify existing law and protect Florida businesses from foreign judgments that are not compatible with the requirements of due process of law. 

 

SB 822- Relating to Beverage Law

On Wednesday, January 10th, SB 822 by Senator Travis Hutson (R-Palm Coast) was heard before the Senate Committee on Regulated Industries and passed by a vote of 7 yeas and 2 yeas. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

Florida’s “Tied House Evil Law,” s. 561.42, F.S., prohibits a manufacturer or distributor of alcoholic beverages from having a financial interest, directly or indirectly, in the establishment or business of a licensed vendor, and prohibits a manufacturer or distributor from giving gifts, loans, property, or rebates to retail vendors.

The bill exempts a written agreement between a manufacturer or importer of malt beverages and an alcoholic beverage vendor for brand naming rights, including the right to advertise cooperatively from the “tied house evil” prohibitions, and then agreement must be negotiated at arm’s length for no more than fair market value.

SB 822 will move on to the Senate Committee on Commerce and Tourism for its next hearing.

AIF SUPPORTS legislation that removes burdensome regulations on Florida’s businesses.