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Weekly Legislative Update from April 21, 2017

Legal & Judicial

SB 1398-Relating to Accessibility of Places of Public Accommodation
On Tuesday, April 18th, SB 1398, by Senator Linda Stewart (R-Orlando), was heard before the Senate Appropriations Subcommittee on General Government and passed unanimously by a vote of 6 yeas to 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

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.

However, individuals with disabilities may sue places of public accommodation including private businesses for alleged violations of the ADA, a problem that is currently rampant throughout the state.

The bill would:

  • Create a license type for ADA experts;
  • Require the Department of Business and Professional Regulation (DBPR) to establish licensing requirements and regulation for ADA experts;  
  • Allow ADA experts to determine if the businesses are compliant with the ADA;  
  • Allow businesses to hire ADA experts and file ADA expert reports with DBPR;
  • Allow businesses to file remediation plans with DBPR if they are not in compliance with the ADA;
  • Require DBPR to establish a public website with a registry of remediation plans and certifications of conformity; and
  • Require 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.


SB 1398 will go on to the Senate Committee on Appropriations for its next hearing.

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

 

HB 775-Relating to Motor Vehicle Warranty Repairs and Recall Repairs
On Wednesday, April 19th, HB 775, by Representative Manny Diaz (R-Hialeah Gardens), was heard before the House Commerce Committee and passed by a vote of 29 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.

HB 775 will now go to the House floor 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 1175-Relating to Motor Vehicle Manufacturers and Dealers
On Wednesday, April 19th, HB 1175, by Representative Manny Diaz (R-Hialeah Gardens), was heard before the House Commerce Committee and passed by a vote of 24 yeas to 3 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood 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 floor 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.

 

SB 388-Relating to Beverage Law
On Wednesday, April 19th, SB 388, by Senator Travis Hutson (R-Palm Coast), was read for a third time on the Senate floor and passed by a vote of 36 yeas to 1 nay. 

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.


SB 388 will now go to the House floor for consideration.

AIF SUPPORTS this legislation because it would remove unnecessary and outdated regulations on Florida’s businesses.

 

SB 832-Relating to Drones & HB 1027- Relating to Unmanned Aircraft 
On Wednesday, April 19th, SB 832, by Senator Dana Young (R-Tampa) was heard in Senate Committee on Communications, Energy, and Public Utilities and passed by a vote of 5 yeas to 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

On Thursday, April 20th, HB 1027, by Representative Clay Yarborough (R-Jacksonville,) was read for a third time on the House floor and unanimously passed by a vote of 117 yeas to 0 nays. 

These bills 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.

SB 832 will go to the Senate Committee on Rules to be heard.

HB 1027 will go to the Senate floor for consideration.

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