Weekly Update from January 26, 2024

The third week of the 2024 legislative session has come to a close. Lawmakers gathered for a series of scheduled committee meetings in the House and Senate with several bills being heard on the floor for the first time. Several bills that AIF supports due to their pro-business attributes were heard in committee, amended (depending on the bill), and passed.

Florida businesses achieved a great victory this week with the forward movement of three key civil reform bills that will positively impact the healthcare and insurance markets. If passed, these reforms will have trickle-down effects on businesses and consumers that will level the playing field against greedy trial lawyers who take advantage of the laws as they are currently written.

Additionally, legislation relating to agricultural worker housing, public works projects, employment regulations, environmental management, and broadband were advanced through their beginning stages of development to hopefully becoming law. For more information on those bills, please see below!

CIVIL JUSTICE

HB 1179/SB 1276 – Litigation Financing

On Monday, January 22, SB 1276 by Senator Jay Collins (R-Tampa) was heard by the Senate Judiciary Committee and was reported favorably with 10 yeas and 0 nays. AIF stood in support of this legislation.

On Thursday, January 25, HB 1179 by Representative Tommy Gregory (R-Lakewood Ranch) and Representative Toby Overdorf (R-Palm City) was heard by the House Civil Justice Subcommittee and was reported favorably with 10 yeas and 7 nays. Republicans Mike Beltran and Traci Koster joined with all Democrats on the committee in voting against the bill. AIF stood in support of this legislation.

This bill repeals the practice known as litigation financing. Third party litigation financing is an issue that stems from out of state firms funding and controlling litigation in Florida. Firms operating like Wall Street venture capitalists find plaintiffs and buy a percentage of a lawsuit. As a co-plaintiff on the case, litigation financiers are able to negotiate the best outcome for their interest, not the plaintiff. In addition to causing widespread and frivolous lawsuits, this practice can cause litigation to be drawn out for years, costing businesses and Floridians billions.

HB 1179 will now go to the House Justice Appropriations Subcommittee for consideration.

SB 1276 will now go to the Senate Fiscal Policy Committee for consideration.

Representative Overdorf’s opening statement on Thursday, January 25

AIF supports legislation that ends the practice of litigation financing in Florida. Big money firms profit from suing Florida’s businesses, costing billions in nuclear verdicts and massive settlements.

 

SB 248 – Medical Negligence

On Monday, January 22, SB 248 by Senator Clay Yarborough (R-Jacksonville) was heard by the Senate Judiciary Committee and was reported favorably with 8 yeas and 2 nays. AIF stood in support of a strike-all amendment to the bill. The strike-all amendment was adopted.

SB 248 creates certain conditions in which a parent or child of a deceased relative can recover damages if medical malpractice was the cause of death for the victim. The strike-all amendment to SB 248 also creates a cap on noneconomic damages in medical malpractice cases, to attempt to address Florida’s high medical malpractice premiums and physician recruitment & retention.

SB 248 will now go to the Senate Appropriations Committee on Health and Human Services for consideration.

AIF supports legislation that protects businesses from inflated or “nuclear” verdicts that, in many circumstances, far exceed the economic repercussions to the victim. Limiting noneconomic damages will promote critical access for those seeking medical care.

AGRICULTURE

SB 1082/HB 1051 – Housing for Agricultural Workers

On Tuesday, January 23, SB 1082 by Senator Jay Collins (R-Tampa) was heard by the Senate Community Affairs Committee and was reported favorably with 6 yeas and 0 nays. AIF stood in support of this legislation.  

On Wednesday, January 24, HB 1051 was heard by the House Agriculture, Conservation & Resiliency Subcomittee and was reported favorably with 18 yeas and 0 nays. AIF stood in support of this legislation.

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 Senate Rules Committee for consideration.

HB 1051 will now go to the House Local Administration, Federal Affairs & Special Districts Subcommittee for consideration.

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.

ENVIRONMENT

HB 789 – Environmental Management

On Wednesday, January 24, HB 789 by Representative Toby Overdorf (R-Palm City) was heard by the House Water Quality, Supply & Treatment Subcommittee and was reported favorably with 17 yeas and 0 nays. AIF stood in support of this legislation.

HB 789 is a comprehensive deregulation and civil reform bill that would allow those who challenge environmental permits with the opportunity to recover legal fees in the event of a prevailing case. If a meritless lawsuit is filed, HB 789 would allow the applicant of the permit to recover fees from the plaintiff. Additionally, the bill clarifies language for the redevelopment of contaminated lands and provides a barrier against frivolous litigation for those abiding by guidelines issued by the state.

HB 789 will now go to the House Agriculture & Natural Resources Subcommittee for consideration.

AIF supports legislation that simplifies regulatory patchwork and provides protections against frivolous litigation. Minimalized danger from frivolous litigation drives investment in infrastructure, jobs, and opportunity in Florida.

ECOMOMIC DEVELOPMENT

SB 1218 – Broadband

On Tuesday, January 23, SB 1218 by Senator Danny Burgess (R-Zephyrhills) was heard by the Senate Commerce & Tourism Committee and was reported favorably with 6 yeas and 0 nays. AIF stood in support of this legislation.

In 2021, the legislature passed a law that mandates pole access by local municipal utilities to broadband providers for a fee of one dollar, per pole, per year. The goal of this measure was to broaden rural Florida’s access to high-speed internet. However, the 2021 law included a provision that would do away with pole access for broadband providers on July 1, 2024. SB 1218 extends this deadline until December 31, 2028.

SB 1218 will now go to the Senate Rules Committee for consideration.

AIF supports the expansion of broadband services to all Floridians and supports legislation that seeks to promote that goal.

EMPLOYMENT

SB 1492 – Employment Regulations

On Tuesday, January 23, SB 1492 by Senator Jay Trumbull (R-Panama City) was heard by the Senate Commerce & Tourism Committee and was reported favorable with 4 yeas and 2 nays. AIF stood in support of this legislation.

SB 1492 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. SB 1492 ensures consistency by only recognizing the constitutionally mandated state minimum wage.

SB 1492 will now go to the Senate Community Affairs 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.

GENERAL GOVERNMENT

SB 742 – Public Works Projects

On Monday, January 22, SB 742 by Senator Erin Grall (R-Vero Beach) was heard by the Senate Community Affairs Committee and was reported favorable with 6 yeas and 2 nays. AIF stood in support of this legislation.

SB 742 ensures that public works projects that use local funds may not require contractors pay specific wage rates or provide locally mandated employment benefits. This provision already applies to projects that use state dollars. Some local governments are currently requiring the use of prevailing wage rates in their public works contracts. These requirements can dramatically impact project costs and impact an employer’s flexibility in employment decisions. AIF believes that the state minimum wage requirement and the free market are sufficient to ensure proper wage levels.

SB 742 will now go to the Senate Governmental Oversight & Accountability Committee for consideration.

AIF supports legislation that keeps businesses competing through free market access to public programs.

BUSINESS REGULATION

SB 676 – Food Delivery Platforms

On Monday, January 22, SB 676 by Senator Jennifer Bradley (R-Fleming Island) was heard by the Senate Regulated Industries Committee and was reported favorably with 5 yeas and 0 nays. AIF stood in support of this legislation.

SB 676 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 consumer themselves.

SB 676 will now go to the Appropriations Committee on Agriculture, Environment, and General Government for consideration.

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