HB 727 & SB 1398-Relating to Accessibility of Places of Public Accommodation
On Monday, May 1st, SB 1398, by Senator Linda Stewart (R-Orlando) was laid on the table and substituted for HB 727, by Representative Tom Leek (R-Daytona Beach). HB 727 was then read for a third time on the Senate floor and passed by a unanimous vote of 37 yeas to 0 nays. 

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.

HB 727 will now go on to the desk of the Governor.

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

 

HB 1175-Relating to Motor Vehicle Manufacturers and Dealers & SB 1678-Relating to Motor Vehicle Dealers
On Wednesday, May 3rd, SB 1678 , by Senator Rene Garcia (Hialeah), was laid on the table and substituted for HB 1175, by Representative Manny Diaz (R-Hialeah Gardens).

On Friday, May 5th, HB 1175 was read for a third time on the Senate floor and passed by a vote of 37 yeas to 0 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.

HB 1175 will go on to the to the desk of the Governor.

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 & SB 466-Relating to Motor Vehicle Warranty Repairs and Recall Repairs
On Thursday, May 4th, SB 466, by Senator Travis Hutson (R-Palm Coast), was laid on the table and substituted for HB 775, by Representative Manny Diaz (R-Hialeah Gardens).

On Friday, May 5th, HB 775, was read for a third time on the Senate floor and passed by a vote of 36 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 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 desk of the Governor.

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 1027 & SB 832-Relating Unmanned Devices
On Wednesday, May 3rd, SB 832, by Senator Dana Young (R-Tampa) was laid on the table and substituted for HB 1027, by Representative Clay Yarborough (R-Jacksonville). After the substitution, HB 1027 was amended to include provision from the Senate companion.   

On Friday, May 5th, HB 1027, was read for a third time on the floor of the Senate and passed as amended by a vote of 35 yeas to 0 nays. The bill was then sent to the House to be concurred as amended.

HB 1027 was received by the House and the House concurred to the amended bill. A vote was taken and HB 1027 passed unanimously by a vote of 115 yeas to 0 nays.

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

HB 1027 will go now go to the desk of the Governor.

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