Daily Legislative Brief from March 5, 2024

EMPLOYMENT

HB 433 – Employment Regulations

On Tuesday, March 5, HB 433 by Representative Tiffany Esposito (R-Fort Myers) was read for a third time on the Senate Floor, amended, and passed with 28 yeas and 11 nays. Senator Jay Trumbull (R-Panama City) sponsored the Senate companion, SB 1492.

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 enacted ordinances that require businesses to pay mandated wage rates higher than the minimum wage and meet other employment requirements. HB 433 promotes free market principles and ensures consistency by only recognizing the constitutionally mandated state minimum wage.

The Senate amendment removed the local minimum wage provision from HB 433; the bill will now go back to the Florida House 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.

CIVIL JUSTICE

HB 473 – Cybersecurity Incident Liability

On Tuesday, March 5, HB 473 by Representative Mike Giallombardo (R-Cape Coral) was read for a third time on the Senate Floor and passed with 32 yeas and 8 nays. Senator Nick DiCeglie (R-St. Petersburg) sponsored the Senate companion, SB 658.

This bill 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.

HB 473 will now go to the Governor for approval.

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.

ENVIRONMENT

SB 7040 – Ratification of the Department of Environmental Protection’s Rules Relating to Stormwater

On Tuesday, March 5, SB 7040 by Senator Debbie Mayfield (R-Melbourne) and the Senate Environment and Resources Committee was read for a third time on the House Floor and was passed with 114 yeas and 0 nays.

In 2021, the Florida Legislature directed DEP to begin rulemaking on stormwater management’s design and operations throughout the state. This rule sets standards for reducing pollution from stormwater runoff and DEP estimates that it will increase the cost of development by more than $2,600 per acre.

SB 7040 will now go to the Governor for approval.

As originally drafted, there was concern that the permit application process in the rule could result in protracted delays in receiving permits. AIF worked with DEP and legislative leaders to craft clarifying language that provides a significant amount of certainty in the process.

 

SB 1532– Mitigation

On Tuesday, March 5, SB 1532 by Senator Jason Brodeur (R-Sanford) was read for a third time on the House Floor and passed with 114 yeas and 0 nays. Representative Keith Truenow (R-Tavares) sponsored the House companion, HB 1073.

This bill 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.

SB 1532 will now go to the Governor for approval.

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.

AGRICULTURE

SB 1082– Housing for Agricultural Workers

On Tuesday, March 5, SB 1082 by Senator Jay Collins (R-Tampa) was read for a third time on the House Floor and was passed with 113 yeas and 0 nays. Representative Kaylee Tuck (R-Lake Placid) sponsored the House companion, HB 1051.

This bill addresses several housing issues that directly impact agricultural operations in the state. The bill would make it unlawful for a local government to inhibit the construction or installment of housing for H-2A program workers.

SB 1082 will now go to the Governor for approval.

AIF supports legislation that provides protections for farmers against authoritative local governments that impose regulations that are overbearing and impede the functionality of agricultural producers.

BUSINESS REGULATION

SB 676 – Food Delivery Platforms

On Tuesday, March 5, SB 676 by Senator Jennifer Bradley (R-Flemming Island) was read for a second time on the House Floor and was placed on third reading. Representative Lauren Melo (R-Naples) sponsored the House companion, HB 1099.

This bill preempts the regulation of food delivery platforms to the State and provides regulatory safeguards for the business relationship between a Food Delivery Platform and a Food Service Establishment. Among the provisions, the bill prohibits a food delivery platform from taking and arranging for the delivery or pickup of orders from a food service establishment without the express consent of that food service establishment. The bill also allows for some guidelines for a restaurant or establishment to be removed from a Food Delivery Platform and creates a channel for better communication between the food service establishment and the consumers themselves.

SB 676 will be read for a third time on the House Floor on Wednesday, March 6.

AIF supports streamlining regulations and creating a level regulatory platform that allows businesses to compete fairly.

ARTFICIAL INTELLIGENCE

SB 1680 – Advanced Technology

On Tuesday, March 5, SB 1680 by Senator Jennifer Bradley (R-Flemming Island) was read for a second time on the House Floor and was placed on third reading. Representative Fiona McFarland (R-Sarasota) sponsored the House companion, HB 1459.

This bill 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 be read for a third time on the House Floor on Wednesday, March 6.

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.