HB 847 – Relating to Preemption of Conditions of Employment

On Tuesday, March 26, HB 847 by Representative Bob Rommel (R-Naples) was heard in the House Local, Federal, and Veterans Affairs Subcommittee and was reported favorably with 10 yeas and 5 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

This bill amends s. 218.077, F.S., regarding state preemption of conditions of employment. The bill:

• Expressly prohibits a county, city, district, or other public body created by state law from requiring an employer from paying a minimum wage other than the state or federal minimum wage or to offer other conditions of employment;
• Expressly preempts to the state the right to regulate any requirements imposed upon employers relating to a minimum wage and conditions of employment;
• Defines “conditions of employment” to include preemployment screening, job classification, job responsibilities; hours of work; scheduling and schedule changes, wages, payment of wages, leave, paid or unpaid days off for holidays, illness, vacations, and personal necessity, and employee benefits;
• Voids any ordinance, regulation, or policy currently in existence which is now preempted.

HB 847 will now move to the House Commerce Committee.

AIF supports legislation that allows Florida businesses to adhere to state or federal wage requirements, thus eliminating onerous regulations set by municipalities.

HB 431 – Relating to Liens Against Motor Vehicles and Vessels

On Tuesday, March 26, HB 431 by Representative Jason Fischer (R-Jacksonville) was heard in the House Transportation & Infrastructure Subcommittee and was reported favorably with 12 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

Currently, towing companies and auto repair shops, among others, may impose a lien on automobiles for towing and storage charges, as well as unpaid repair costs.  The current statute requires the lienor to give the auto owner and all parties that have a financial interest in the auto notice of the lien and the public sale of the auto to cover paying off the lien.
Unfortunately, some “bad actors” in Florida have been abusing our current system by: 

• Manipulating the time period for sending the notice of lien and notice of sale to eliminate the owner or finance company’s ability to pay the charges and recover the auto;
• Imposing very high administrative fees for perfecting the lien and enforcing the lien;
• Adding unreasonable or fraudulent charges to the towing or repair bill to justify the sale of the auto and keeping all proceeds of the sale.

HB 431 will now move to the House Judiciary Committee.

AIF supports legislation that prevents the increase in insurance rates. When ‘bad actor’ companies take advantage of the current lien laws, insurance rates become improperly inflated and has a harmful effect on many sectors of the business community.

HB 107 – Relating to Use of Wireless Communication Devices While Driving

On Tuesday, March 26, HB 107 by Representative Jackie Toledo (R-Tampa) was heard in the House Transportation and Infrastructure Subcommittee and was reported favorably with 13 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

The Florida Ban on Texting While Driving Law prohibits a person from texting, emailing, and instant messaging while driving but is considered a secondary offense, meaning law enforcement cannot stop a driver solely for texting. This bill makes the use of a wireless communication device while driving a primary offense, allowing law enforcement to stop individuals for wireless device usage while behind the wheel.

HB 107 will now move to the House Appropriations Committee.

AIF supports legislation that addresses the issue of distracted driving that will ensure public safety for not only those transporting goods on our roadways, but for all Floridians.

HB 829 – Relating to Attorney Fees and Costs

On Tuesday, March 26, HB 829 by Representative Anthony Sabatini (R-Clermont) was heard before the House Local, Federal and Veterans Affairs Subcommittee and was reported favorably with 11 yeas and 4 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

This bill authorizes the payment of attorney fees and costs to a party challenging the adoption or enforcement of a local government ordinance on preemption grounds if a court finds that the subject of the ordinance has been preempted by the Constitution or State law. However, a local government may avoid liability for attorney fees and costs if the challenged ordinance is repealed or withdrawn within 21 days of either (1) receiving written notice of the claim or (2) the filing of a motion for attorney fees, whichever is earlier.

HB 829 will now move to the House Judiciary Committee.

AIF supports legislation that holds liable local governments that attempt to violate federal or state preemptions.

HB 1235- Relating to Legal Notices

On Tuesday, March 26, HB 1235 by Representative Randy Fine (R-Palm Bay) was heard in the House Local, Federal, and Veterans Affairs Subcommittee and was reported favorably with 10 yeas and 5 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, spoke in opposition to this legislation.

The Florida Constitution requires public notice be given for meetings at which official acts are to be taken or where public business is to be conducted. This bill requires each state or local government agency to publish legally required notices and advertisements on their official website. Each government agency must publish notice at least once a year in a newspaper of general circulation, a newsletter or periodical, or other publication mailed and delivered to all residents and property owners in the government’s jurisdiction.

HB 1235 will now move to the House Judiciary Committee.

AIF opposes internet-only public notice, as it eliminates the wide net that is cast by print media and the internet combined. Because webpages are present one day and gone the next, the internet is an inherently unreliable platform for critical information. As Florida is predominately a small business state, citizens and business owners must be able to access these public notices both in print and digital form.