HB 57 – Relating to Percentage of Elector Votes Required to Approve an Amendment or a Revision

On Monday, March 25, HB 57 by Representative Rick Roth (R-Palm Beach Gardens) was heard in the House Civil Justice 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 changes the vote threshold for amendments and revisions to Florida’s constitution from the current 60% of elector votes to 66 and 2/3%.

HB 57 will now move to the House State Affairs Committee.

AIF supports the measures contained in this bill to prevent interest groups’ circumvention of the legislature in revising Florida’s constitution.

SB 76 – Relating to Distracted While Driving

On Monday, March 25, SB 76 by Senator Wilton Simpson (R-Spring Hill) was heard before the Senate Judiciary Committee and was reported favorably with 5 yeas and 1 nay. AIF stood in support of this legislation.

Currently, Florida law prohibits a person from texting, emailing, and instant messaging while driving, however, enforcement of this is a secondary offense, which means a law enforcement officer must detain a driver for another traffic offense in order to cite the driver for texting while driving. The bill would rename the “Florida Ban on Texting While Driving Law” to the “Florida Driving While Distracted Law.” This bill would change the current enforcement from a secondary offense to a primary offense for all distracted driving and handheld use of wireless communication devices, not just texting and emailing, allowing law enforcement officers to stop a vehicle solely for driving while distracted. The main goal of this legislation is to eliminate a component that contributes to distracted driving on Florida’s roadways.

SB 76 will now move to the Senate Rules Committee.

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.

SB 772 and HB 431– Relating to Liens Against Motor Vehicles and Vessels

On Monday, March 25, SB 772 by Senator Kelli Stargel (R-Lakeland) was heard in the Senate Banking and Insurance Committee and was reported favorably with 8 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

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.

SB 772 will now move to the Senate Judiciary Committee.

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 1153 – Relating to Biometric Information Privacy

On Monday, March 25, HB 1153 by Representative Bobby DuBose (D-Fort Lauderdale) was heard in the House Civil Justice Subcommittee and was reported favorably with 14 yeas and 1 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, spoke in opposition to this legislation.

“Biometric data” is a term for a measurable biological and behavioral characteristic that can be used for automatic recognition, such as fingerprints. This bill requires that a private entity:

• In possession of biometric data (defined as retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry) have a written policy establishing a retention schedule and guidelines for permanently destroying such data.
• May not collect, capture, purchase, receive through trade, or otherwise obtain biometric data unless it informs the subject that the data is being stored and the manner of storage, and receives a written release from the subject.
• May not profit from a person’s biometric data.
• May not disseminate a person’s biometric data unless the subject consents, is authorized by the subject, or is required by law or a valid warrant or subpoena.
• Must store, transmit, and protect biometric data with a reasonable standard of care and in a manner as or more protective as other confidential and sensitive information.

HB 1153 will now move to the House Commerce Committee.

AIF does not believe the Florida legislature currently knows enough about what Florida businesses use biometric information for and how they gather and store it, to properly formulate legislative language dealing with it. AIF and our members recommend putting together a task force to look into this area before addressing it legislatively.

HB 17 – Relating to Tort Reform

On Thursday, March 28, HB 17 by Representative Tom Leek (R-Daytona Beach) was heard in the House Commerce Committee and was reported favorably with 13 yeas and 7 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

Florida currently has the highest tort system costs among U.S. states as a percentage of state GDP, at 3.6%. In 2016, the total amount paid in costs and compensation within Florida's tort system averaged $4,442 for each Florida household. 

A flawed tort system generates exorbitant damages and unpredictability, causing: 

• Increased economic costs and increased risks of doing business;
• Higher insurance premiums; 
• Increased healthcare costs and declining availability of medical services; and 
• Deterrence of economic development and job creation activities.

HB 17 will now move to the House Judiciary Committee.

AIF supports tort reforms which will dramatically reduce the costs of the tort system in Florida while providing a better business climate in the state.

Proposed Committee Bill JDC 19-01 – Relating to Constitutional Amendments

On Thursday, March 28, PCB JDC 19-01 sponsored and heard by the House Judiciary Committee, was reported favorably with 12 yeas and 6 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

This bill changes the process for amending the constitution by citizen initiative by:

• Requiring that a petition-gatherer:
• Be a Florida resident and register with the Secretary of State prior to obtaining signatures.
• Not be paid based on the number of petitions gathered.
  
  

• Requiring the Secretary of State to publish on its website position statements on proposed amendments received from interested persons.
  
  

• Directing the Financial Impact Estimating Conference (FIEC) to:
• Estimate the amendment's impact on the state and local economy.
• Complete its analysis and financial impact statement for the ballot within 60 days after receipt of a proposed amendment instead of 45 days.
  
  

• Requiring each county supervisor of elections to include a copy of:
• The FIEC's financial information summaries in the publication or mailing for sample ballots; and
• The proposed amendment text in each voting booth.
  
  

• Requiring the ballot summary to include:
• The name of the initiative's sponsor and the percentage of contributions received by the sponsor from in-state donors;
• If the amendment will cost money or have an indeterminate impact, a statement that passage of the amendment may result in higher taxes or reduced program funding; and
• A Supreme Court determination as to whether the proposed policy can be implemented by the Legislature without the need for a constitutional amendment.
  
  

• Directing the Attorney General, when seeking Supreme Court review of an amendment, to ask the Court to:
• Address whether the proposed policy can be implemented by the Legislature; and
• Identify any undefined terms in the amendment that will have a substantive impact.

 

AIF supports legislation that adds transparency and accountability to amending the Florida constitution by citizen imitative.

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 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.