SB 466-Relating to Motor Vehicle Warranty Repairs and Recall Repairs
On Monday, March 27th, SB 466, by Senator Travis Hutson (R-Palm Coast), was heard in Senate Committee on Commerce and Tourism and passed by a vote of 8 yeas to 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, spoke in opposition to this bill.

This bill prohibits a licensee, except as authorized by law, from denying a dealer’s claim, reducing the dealer’s compensation, or processing a chargeback to a dealer for performing covered warranty or recall repairs on a used motor vehicle under specified circumstances. The bill alters the playing field and may have a chilling effect on manufacturing in general. The complex issue surrounding safety recalls should be a federal matter, better addressed at the national level with the goal of creating uniform public policy that improves motor vehicle safety, encourages technological innovation, and protects our planet.

SB 466 will move on to the Senate Committee on Rules to be heard.

AIF OPPOSES legislation that would intervene in any contractual agreement between a dealer franchise and an auto manufacturer, voluntarily entered by each party, and dictate new terms and conditions of such mutual agreement that favor one party over the other.

HB 423-Relating to Beverage Law
On Tuesday, March 28th, HB 423, by Representative Mike La Rosa (R-Saint Cloud), was heard before the House Careers and Competition Subcommittee and passed by a vote of 9 yeas and 6 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

Florida’s “Tied House Evil Law,” s. 561.42, F.S., prohibits a manufacturer or distributor of alcoholic beverages from having a financial interest, directly or indirectly, in the establishment or business of a licensed vendor, and prohibits a manufacturer or distributor from giving gifts, loans, property, or rebates to retail vendors.

The bill exempts financial transactions between a vendor and a manufacturer from all tied evil house prohibitions if the following conditions are met:

• The financial transaction must be negotiated at arm’s length for fair market value between a manufacturer of beer or malt beverages, and
• The financial transaction cannot involve, either all or in part, the direct sale or distribution of beer or malt beverages between the manufacturer and the licensed vendor.

HB 423 will go to the House Government Operations & Technology Appropriations Subcommittee for its next hearing.

AIF SUPPORTS legislation that removes burdensome regulations on Florida’s businesses.

HB 727-Relating to Accessibility of Places of Public Accommodation
On Tuesday, March 28th, HB 727, by Representative Tom Leek (R-Daytona Beach), was heard by the House Careers and Competition Subcommittee and passed unanimously by a vote of 14 yeas to 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

The United States Congress enacted the Americans with Disabilities Act (ADA) in 1990 prohibiting discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. One of the goals of the ADA is to guarantee that individuals with disabilities are offered full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations offered by a place of public accommodation.

The bill:

• Creates a license type for ADA experts;
• Requires the Department of Business and Professional Regulation (DBPR) to establish licensing requirements and regulation for ADA experts;  
• Allows ADA experts to determine if the businesses are compliant with the ADA;  
• Allows businesses to hire ADA experts and file ADA expert reports with DBPR;
• Allows businesses to file remediation plans with DBPR if they are not in compliance with the ADA;
• Requires DBPR to establish a public website with a registry of remediation plans and certifications of conformity; and
• Requires courts to consider remediation plans to determine if a plaintiff filed a claim in good faith and whether the plaintiff is entitled to attorney’s fees in lawsuits involving alleged violations of the ADA.

HB 727 will go on to the House Government Operations & Technology Appropriations Subcommittee for its next hearing.

AIF SUPPORTS legislation that makes filing frivolous lawsuits against Florida’s businesses more difficult to accomplish.

HB 1027- Relating to Unmanned Aircraft
On Tuesday, March 28th, HB 1027, by Representative Clay Yarborough (R-Jacksonville,) was heard by the House Careers and Competition Subcommittee and unanimously passed by a vote of 14 yeas to 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

This bill will ensure a consistent framework for the use of drones. As the use of drones becomes increasingly more common in many different sectors of the business community throughout the state, implementing statewide regulations will establish safeguards while operating drones.

HB 1027 will go to the House Government Accountability Committee for its next hearing.

AIF SUPPORTS legislation that will streamline business regulation throughout the state.

HB 1175-Relating to Motor Vehicle Manufacturers and Dealers
On Tuesday, March 28th, HB 1175, by Representative Manny Diaz (R-Hialeah Gardens), was heard before the House Careers and Competition Subcommittee and passed by a vote of 9 yeas to 6 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, spoke in opposition to this bill.

The bill provides additional grounds to deny, suspend, or revoke a license held by a motor vehicle manufacturer, factory branch, distributor, or importer (“manufacturer”) within their contractual agreement. The bill prohibits manufacturers from taking certain actions against motor vehicle dealers and requires certain procedures be followed by the manufacturer when dealing with motor vehicle dealers.

HB 1175 will go on to the House Civil Justice and Claims Subcommittee for its next hearing.

AIF OPPOSES legislation that would intervene in any contractual agreement between a dealer franchise and an auto manufacturer, voluntarily entered by each party, and dictate new terms and conditions of such mutual agreement that favor one party over the other.

SB 334-Relating to Prejudgment Interest
On Wednesday, March 29th, SB 334, by Senator Greg Steube (R-Sarasota), was heard by the Senate Committee on Rules, amended and passed by a vote of 6 yeas to 2 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, spoke in opposition to this bill.

During committee, an amendment that takes out the provision requiring prejudgment interest be paid on noneconomic damages offered by Senator Rob Bradley (R-Orange Park) was adopted. This bill now seeks to mandate that prejudgment interest be awarded only to economic damages recovered. This prejudgment interest would accrue starting from the date the plaintiff incurs economic losses. Currently, prejudgment interest is awardable on economic losses at the discretion of the judge therefore we view this legislation as a way to overburden our court systems resulting in cost increases for Florida’s businesses.

SB 334 will move on to be heard on the floor of the Senate.

AIF OPPOSES legislation that will increase the already daunting costs of litigation on Florida’s businesses. 

Please see the statement below from our President & CEO, Tom Feeney, regarding SB 334:

AIF: Prejudgment Interest to Drive Businesses from Sunshine State

Tallahassee, Fla. – The Associated Industries of Florida (AIF) today released the following statement on behalf of its President & CEO Tom Feeney regarding the opposition to Senate Bill 334, by Senator Greg Steube (R-Sarasota), relating to Prejudgment Interest.  SB 334 was today heard in the Senate Rules Committee, its second and last committee of reference.

“AIF opposes legislation that would make it more expensive for businesses to operate in our state, and that is exactly what SB 334 would do.

“The prejudgment interest bill being pushed by the trial bar would only put further strain on our already overburdened court system and create an additional cost driver to Florida businesses.

“By adding time-consuming and burdensome measures, SB 334 would only stand to make attorneys richer and drive businesses away from the Sunshine State.

“After today’s action by the Senate Rules Committee, the bill is now ready for the Senate floor.  AIF encourages Florida’s elected officials to do what is best for Florida businesses and consumers and oppose this legislation.”

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