Daily Legislative Brief from February 14, 2024

CIVIL JUSTICE

SB 658 – Cybersecurity Incident Liability

On Wednesday, February 14, SB 658 by Senator Nick DiCeglie (R-St. Petersburg) was heard by the Senate Rules Committee and was reported favorably with 11 yeas and 5 nays. AIF stood in support of this legislation.

SB 658 tackles civil liability from the cybersecurity perspective. As businesses, large and small, continue to rely on data and software to effectively service their customers, frivolous litigation has been on the rise following cyber-attacks on businesses. The bill sets standards for businesses to follow, so if a breach occurs, they are protected from frivolous litigation. Additionally, the bill creates a structure for companies using consumer data to better protect the data from cyberattacks.

SB 658 will now go to the Senate Floor for consideration.

AIF supports legislation that creates a clear and consistent framework for businesses to follow in order to safeguard consumer privacy and to reduce the risk of frivolous litigation. These measures will create a fair playing field and encourage more businesses to invest in Florida.

HB 1367 – Asbestos and Silica Claims

On Wednesday, February 14, HB 1367 by Representative Robbie Brackett (R-Vero Beach) was heard by the House Judiciary Committee and was reported favorably with 15 yeas and 6 nays. AIF stood in support of this legislation.  

HB 1367 modifies the current list of procedures for a plaintiff to follow when filing a lawsuit regarding asbestos exposure. Currently, a written report must be submitted that includes personal information, asbestos exposure locations, an exposed persons employer at the time of the supposed exposure, any asbestos-related conditions associated with the exposure, any documentation that can support the claim, etc.

HB 1367 would require the plaintiff to include information about their smoking history, names and details of anyone who is knowledgeable of the plaintiff’s exposure to asbestos, the specific product (type) of asbestos that the plaintiff was exposed to and the location.

HB 1367 will now go to the House Floor for consideration.

AIF supports legislative initiatives that reinforce the system of checks and balances in our courts. Access to critical evidence and information is important, especially when the outcome of the case can be determined by the medical history of the plaintiff.

ENVIRONMENT

SB 1532 – Mitigation

On Wednesday, February 14, SB 1532 by Senator Jason Brodeur (R-Sanford) was heard by the Senate Rules Committee and was reported favorably with 17 yeas and 0 nays. AIF stood in support of this legislation.

HB 1532 addresses the unavailability of wetland mitigation bank credits by allowing mitigation banking on public lands when no mitigation bank credits are available. The bill also expands the availability of water quality enhancement areas to private sector end-users. Current law only allows public entities with such access. By doing so, this legislation would add additional tools in the mitigation and compliance “toolbox” for Florida business.

HB 1532 will now go to the Senate Floor for consideration.

AIF supports legislation that expands private-sector involvement in water quality mitigation projects. These measures would allow businesses to operate effectively while working alongside regulators on lands/waterways categorized as mitigation banks.

ARTIFICIAL INTELLIGENCE

SB 1680 – Advanced Technology

On Wednesday, February 14, SB 1680 by Senator Jennifer Bradley (R-Flemming Island) was heard by the Senate Rules Committee and was reported favorably with 18 yeas and 0 nays. AIF stood in support of this legislation.

SB 1680 creates a new “Government Technology Modernization Council.” This council, composed of executive branch agency heads, along with members appointed by the Governor, Senate President, and Speaker of the House will oversee and advise the Governor and the Legislature on Florida’s rollout of AI in state government and the private sector. SB 1680 also establishes criminal penalties for using AI platforms for the creation or possession of “generated child pornography.” Such penalties include up to 5 years in prison and a $5,000 fine.

SB 1680 will now go to the Senate Floor for consideration.

AIF supports the increased dialogue at the state level about the beneficial elements of AI and how it can have a positive impact on Florida businesses. While creating proper boundaries and guidelines surrounding AI is important, it is also vital that the beneficial uses and innovation created by the proper use of AI are not unnecessarily stifled.

Please visit our website for more information about AIF’s work on AI.

LEGAL & JUDICIAL

HB 275 – Intentional Damage to Critical Infrastructure

On Wednesday, February 14, HB 275 by Representative Jennifer Canady (R-Lakeland) was heard by the House Judiciary Committee and was reported favorably with 21 yeas and 0 nays. AIF stood in support of this legislation.  

This bill provides for increased penalties for those who “improperly tamper” with anything defined as “critical infrastructure.” Some examples of “critical infrastructure” include electrical power stations, chemical storage facilities, liquid natural gas storage facilities, deep-water ports, or railyards.

HB 275 will now go to the House Floor for consideration.

AIF supports legislation that deters vandalism, theft, or any form of criminal activity in or around areas of critical infrastructure.

EMPLOYMENT

HB 433 – Employment Regulations

On Wednesday, February 14, HB 433 by Representative Tiffany Esposito (R-Fort Myers) was heard by the House State Affairs Committee and was reported favorably with 14 yeas and 6 nays. AIF stood in support of this legislation.

HB 433 was filed as a bill that would preempt local governments from adding additional ordinances relating to workplace heat exposure requirements. It was amended to include preemptions relating to local wage requirements.

Employers are already required under OSHA to provide a place of employment that is free from recognized standards including heat. There are clear standards employers must meet and this bill will prevent another level of regulation in this area and an unlevel regulatory playing field.

Some local governments have also been setting their own minimum wage standards. HB 433 ensures consistency by only recognizing the constitutionally mandated state minimum wage.

HB 433 will now go to the House Commerce Committee for consideration.

AIF supports regulatory consistency in workplace safety regulations that prevents a patchwork of local regulations that could include unattainable standards which do little to protect employees while opening an onslaught of fines penalties, and other punitive measures.