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Daily Legislative Brief from April 23, 2019

Health Care

SB 1180 – Relating to Consumer Protections from Nonmedical Prescription Drug Formularies

On Tuesday, April 23, SB 1180 by Senator Debbie Mayfield (R-Melbourne) was heard before the Senate Rules Committee and was reported favorably with 15 yeas and 1 nay. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation with the adoption of Amendment 635224.

A major driver of health care costs is the rising cost of medicines. Drug companies raise the prices of both new and old medicines at will. No government body—not the Federal Trade Commission, not the Food and Drug Administration, and not the Centers for Medicare & Medicaid Services—have rules or laws that dictate or restrict the price a pharmaceutical company can set for a drug - and in most cases, there’s nothing that restricts how much a drug company can raise that price. This bill would eliminate the only current force to counter the price increases on pharmaceuticals – the threat of losing insurance coverage, which helps push back on arbitrary price hikes. 

With the adoption of Amendment 635224 to the underlying bill, this bill now levels the playing field by requiring that a pharmaceutical company must lock in their prices up front – like any other industry – and, in return, the insurance company can’t drop the drug (except for safety reasons). 

SB 1180 will now move to the Senate floor.

AIF supports legislation that keeps in place cost controls and prevents increased healthcare costs for Florida businesses.

Legal & Judicial

SB 772 – Relating to Liens Against Motor Vehicles and Vessels

On Tuesday, April 23, SB 772 by Senator Kelli Stargel (R-Lakeland) was heard in the Senate Rules Committee and was reported favorably with 16 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

Currently, towing companies and auto repair shops, among others, may impose a lien on automobiles for towing and storage charges, as well as unpaid repair costs.  The current statute requires the lienor to give the auto owner and all parties that have a financial interest in the auto notice of the lien and the public sale of the auto to cover paying off the lien.

Unfortunately, some “bad actors” in Florida have been abusing our current system by: 

  • Manipulating the time period for sending the notice of lien and notice of sale to eliminate the owner or finance company’s ability to pay the charges and recover the auto;
  • Sending empty envelopes to the entity that has lien on the auto for providing the financing of the auto;
  • Imposing very high administrative fees for perfecting the lien and enforcing the lien;
  • Adding unreasonable or fraudulent charges to the towing or repair bill to justify the sale of the auto and keeping all proceeds of the sale.

SB 772 will now move to the Senate floor.

AIF supports legislation that prevents the increase in insurance rates.  When ‘bad actor’ companies take advantage of the current lien laws, insurance rates become improperly inflated and has a harmful effect on many sectors of the business community.

SB 1730 – Relating to Community Development and Housing

On Tuesday, April 23, SB 1730 by Senator Tom Lee (R-Brandon) was heard in the Senate Rules Committee and was reported favorably with 10 yeas and 6 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

This bill amends various statutes relating to growth management, restricts the ability of a county or municipality to adopt and enforce inclusionary housing ordinances or regulations, and sets timeframe parameters for building application approval or denial. After receiving a development permit application, the county and municipality must review the application for completeness and issue a response within 30 days. The bill also requires the collection of impact fees, which are an important source of revenue for local governments to fund infrastructure projects. Additionally, the bill prohibits a local government from charging an impact fee for the development or construction of affordable housing but provides an exception under certain circumstances.

SB 1730 will now move to the Senate floor.

AIF supports legislative efforts to maintain our state’s infrastructure and assist Florida’s workforce with access to affordable housing.

Insurance

SB 1140 – Relating to Attorney Fees and Costs

On Tuesday, April 23, SB 1140 by Senator Travis Hutson (R-Palm Coast) was heard before the Senate Rules Committee and was reported favorably with 10 yeas and 7 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

This bill authorizes the payment of attorney fees and costs to a party challenging the adoption or enforcement of a local government ordinance on preemption grounds if a court finds that the subject of the ordinance has been preempted by the Constitution or State law. However, a local government may avoid liability for attorney fees and costs if the challenged ordinance is repealed or withdrawn within 21 days of either (1) receiving written notice of the claim or (2) the filing of a motion for attorney fees, whichever is earlier.

SB 1140 will now move to the Senate floor.

AIF supports legislation that removes onerous regulations and creates a climate in which business can grow.