HB 423 & SB 388 -Relating to Beverage Law
On Monday, April 24th, HB 423, by Representative Mike La Rosa (R-Saint Cloud), was heard before the House Commerce Committee and passed by a vote of 17 yeas to 9 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

On Friday, April 28th, HB 423 was laid on the table and substituted for its Senate companion SB 388, by Senator Travis Hutson (R-Palm Coast). After the substitution, SB 388 was amended on the House floor to include provisions from HB 853 that will allow for beer distributors to provide beer or malt beverage branded glassware to vendors for their use, cutting down on the vendors over all costs.

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 must now return to the Senate for consideration as amended.

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

 

HB 727 & SB 1398-Relating to Accessibility of Places of Public Accommodation
On Monday, April 24th, HB 727, by Representative Tom Leek (R-Daytona Beach), was heard by the House Commerce Committee and passed by a vote of 20 yeas to 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

On Friday, April 28th, HB 727, was read for a third time on the House floor and passed by a unanimous vote of 117 yeas to 0 nays.

On Tuesday, April 25th, SB 1398, by Senator Linda Stewart (R-Orlando), was heard before the Senate Committee on Appropriations and passed unanimously by a vote of 18 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.

After passing the House floor, HB 727 will go on to the Senate floor for consideration.

SB 1398 will go on to the Senate floor for consideration.

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

SB 832-Relating to Drones 
On Tuesday, April 25th, SB 832, by Senator Dana Young (R-Tampa) was heard in Senate Committee on Rules and passed. 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.

SB 832 will go to the Senate floor for consideration.

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

 

SB 1678-Relating to Motor Vehicle Dealers & HB 1175-Relating to Motor Vehicle Manufacturers and Dealers
On Tuesday, April 25th, SB 1678 , by Senator Rene Garcia (Hialeah), was heard before the Senate Committee on Rules and passed. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in opposition to this bill.

On Wednesday, April 26th, HB 1175, by Representative Manny Diaz (R-Hialeah Gardens), was read for a third time on the House floor and passed by a vote of 104 yeas to 12 nays. 

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.

SB 1678 will move on to the Senate floor for consideration.

HB 1175 will go on to the Senate floor for consideration.

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 775-Relating to Motor Vehicle Warranty Repairs and Recall Repairs
On Friday, April 25th, HB 775, by Representative Manny Diaz (R-Hialeah Gardens), was read for a third time on the House floor and passed by a vote of 116 yeas to 0 nays. 

This bill prohibits a licensee, except as authorized by law, from denying a dealer’s claim, reducing the dealer’s compensation, or processing a charge-back 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 Senate floor for consideration.

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.