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Daily Legislative Brief from April 24, 2017

Legal & Judicial

HB 423-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.

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 floor for consideration.

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

 

HB 727-Relating to Accessibility of Places of Public Accommodation
On Monday, April 24th, HB 727, by Representative Tom Lee (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.

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 go on to the House floor for consideration.

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