SB 1276 – Litigation Financing

On Wednesday, February 7, SB 1276 by Senator Jay Collins (R-Tampa) was heard by the Senate Fiscal Policy Committee and was passed, on a mostly party-line vote with all Democrats voting against, with the exception of Senator Linda Stewart (D-Orlando) who voted for the bill. AIF stood in support of this legislation.

SB 1276 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.

SB 1276 will now go to the Senate Floor for consideration.

The House companion, HB 1179 by Representative Tommy Gregory (R-Lakewood Ranch) was temporarily postponed on Monday, February 5, by the House Justice Appropriations Subcommittee and awaits further consideration.

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 658/HB 473 – Cybersecurity Incident Liability

On Tuesday, February 6, SB 658 by Senator DiCeglie (R-St. Petersburg) was heard by the Senate Governmental Oversight and Accountability Committee and was reported favorably with 5 yeas and 1 nays. AIF stood in support of this legislation.

Also on Tuesday, HB 473 by Representative Mike Giallombardo (R- Cape Coral) was heard by the House State Administration & Technology Appropriations Subcommittee and was reported favorably with 9 yeas and 4 nays. AIF stood in support of this legislation.

SB 658 and HB 473 tackle 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 Rules Committee for consideration.

HB 473 will now go to the Senate Judiciary Committee 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.

SB 238 – Claims Against Assisted Living Facilities

On Tuesday, February 6, SB 238 by Senator Colleen Burton (R-Lakeland) was heard by the Senate Health Policy Committee and was reported favorably with 6 yeas and 3 nays. AIF stood in support of this legislation.

This bill is a courtroom protections bill that aligns assisted living facilities (ALF) with current statutes that protect nursing homes from sue-to-settle litigation. The bill matches nursing home protections by specifying for ALF's the defendants that can be initially named in a lawsuit, such as the licensee, managing company, active participants, managing employees and direct caregivers. If the plaintiff wishes to add more defendants to the lawsuit, a court would have to hold a special hearing to determine if the proposed defendant is negligent for the case in question. Additionally, the bill matches nursing home statutes in how punitive damages can be sought by requiring a special hearing on admissible evidence as well.

SB 238 will now go to the Senate Rules Committee for consideration.

The House companion, HB 995 by Representative Ryan Chamberlin (R-Belleview) awaits further consideration by the House Health & Human Services Committee.

AIF supports legislation that promotes civil protections and keeps businesses in line with industry partners. Consistent and reliable liability protections will generate more investment and growth for Florida’s economy.

SB 720 – Asbestos and Silica Claims

On Monday, February 5, SB 720 by Senator Travis Hutson (R-Palm Coast) was heard by the Senate Judiciary Committee and was reported favorably with 8 yeas and 1 nay. AIF stood in support of this legislation.

SB 720 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.

SB 720 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.

SB 720 will now go to the Senate Commerce & Tourism Committee for consideration.

The House companion, HB 1367 by Representative Robbie Brackett (R-Vero Beach) awaits further consideration by the House Judiciary Committee.

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.

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

On Thursday, February 8, SB 7040, a proposed committee bill by the Senate Environment and Natural Resources Committee was heard by the Senate Appropriations Committee on Agriculture, Environment, and General Government and was reported favorably with 9 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.

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.

AIF VP of Governmental Affairs, Adam Basford provided testimony to the committee pointing out concern over the increased costs that will result from the rule but also thanking DEP and legislative leaders for their work to make changes that provide consistency and additional regulatory certainty.

SB 7040 will now go to the Senate Rules Committee for consideration.

The House companion, HB 7053 awaits further consideration by the House Infrastructure Strategies Committee.

SB 1706 – Condominiums Within a Portion of a Building or Within a Multiple Parcel Building

On Monday, February 5, SB 1706 by Senator Clay Yarborough (R-Jacksonville) was heard by the Senate Regulated Industries Committee and was reported favorably with 7 yeas and 0 nays. AIF stood in support of this legislation.

SB 1706 reworks several provisions that deal with condominiums in buildings with multiple parcels. The bill would set new disclosure requirements for the creation of condominium space in buildings with multiple units. These requirements require a building association to be notified of what section of the building is going to be new condominium space and who is responsible for the maintenance and upkeep for “shared facilities” in the building. This allows for clearly defined roles and allows for consistency in how shared spaces between businesses and condominium owners operates.

SB 1706 will now go to the Senate Rules Committee for consideration.

The House companion, HB 1249 by Representative Ryan Chamberlain (R-Belleview) awaits further consideration by the House Regulatory Reform & Economic Development Subcommittee.

AIF supports legislation that provides clarity and consistency in the relationship between businesses and owners of condominiums.

SB 676 – Food Delivery Platforms

On Thursday, February 8, SB 676 by Senator Jennifer Bradley (R-Fleming Island) was heard by the Senate Appropriations Committee on Agriculture, Environment, and General Government and was reported favorably with 9 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 Senate Fiscal Policy Committee for consideration.

The House companion, HB 1099 by Representative Lauren Melo (R-Naples) awaits further consideration by the House Commerce Committee.

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

HB 1051 – Housing for Agricultural Workers

On Wednesday, February 7, HB 1051 by Representative Kaylee Tuck (R-Lake Placid) was heard by the House State Affairs Committee and was reported favorably with 18 yeas and 0 nays. AIF stood in support of this legislation.

HB 1051 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.

HB 1051 will now go to the House Infrastructure Strategies Committee for consideration.

The Senate companion, SB 1082 by Senator Jay Collins (R-Tampa) was temporarily postponed by the Senate Rules Committee and awaits further consideration.

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

SB 1218/HB 1147 – Broadband

On Thursday, February 8, SB 1218 by Senator Danny Burgess (R-Zephyrhills) was heard by the Senate Rules Committee and was reported favorably with 19 yeas and 0 nays. AIF stood in support of this legislation.

Also on Thursday, February 8, HB 1147 by Representative Josie Tomkow (R-Polk City) was heard by the House Commerce Committee and was reported favorably with 18 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 and HB 1147 extend this deadline until December 31, 2028.

SB 1218 will now go to the Senate Floor for consideration.

HB 1147 will now go to the House Floor for consideration.

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