SB 772 – Relating to Liens Against Motor Vehicles and Vessels

On Tuesday, April 23, SB 772 by Senator Kelli Stargel (R-Lakeland) was heard in the Senate Rules Committee and was reported favorably with 16 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;
• Sending empty envelopes to the entity that has lien on the auto for providing the financing of 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 floor.

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.

SB 1730 – Relating to Community Development and Housing

On Tuesday, April 23, SB 1730 by Senator Tom Lee (R-Brandon) was heard in the Senate Rules Committee and was reported favorably with 10 yeas and 6 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

This bill amends various statutes relating to growth management, restricts the ability of a county or municipality to adopt and enforce inclusionary housing ordinances or regulations, and sets timeframe parameters for building application approval or denial. After receiving a development permit application, the county and municipality must review the application for completeness and issue a response within 30 days. The bill also requires the collection of impact fees, which are an important source of revenue for local governments to fund infrastructure projects. Additionally, the bill prohibits a local government from charging an impact fee for the development or construction of affordable housing but provides an exception under certain circumstances.

SB 1730 will now move to the Senate floor.

AIF supports legislative efforts to maintain our state’s infrastructure and assist Florida’s workforce with access to affordable housing.

HB 107 – Relating to Texting While Driving

On Thursday, April 25, HB 107 by Representative Jackie Toledo (R-Tampa) was read on the Senate floor and was substituted for SB 76 and passed with a vote of 33 yeas and 5 nays.

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 passed both chambers and will now go to the Governor.

AIF supports legislation that addresses the issue of distracted driving and will ensure public safety for businesses and Floridians operating on our roadways.

SB 862 – Relating to Lessor Liability Under Special Mobile Equipment Leases

On Thursday, April 25, SB 862 by Senator Kelli Stargel (R-Lakeland) was read on the Senate floor and passed with a vote of 29 yeas and 8 nays.

Florida’s Dangerous Instrumentality Doctrine (DID) was created in the early 20th century, a time where automobiles began traveling on public roads. The doctrine has been expanded far beyond the borders of its original intent and now applies to off-highway vehicles such as golf carts, tractors, and construction equipment. The doctrine holds owners or lessors liable for the harm caused by an operator, even when the lessor is not in control of the equipment or vehicle at the time of the incident. Florida is the only state in the country where DID is applied in this manner.
This bill provides that lessors of special mobile equipment are not liable for the acts of the lessee or lessee’s agent or employee if the lease agreement requires documented proof of insurance coverage containing limits of at least $250,000 per person and up to $500,000 per incident for bodily injury liability and up to $100,000 for property damage liability, or at least $750,000 for combined property damage liability and bodily injury liability. Special mobile equipment are vehicles not designed or used primarily to transport persons or property and that are only incidentally operated or moved over a highway. Examples include ditchdigging apparatus, well-boring apparatus, and road construction and maintenance machinery, draglines, self-propelled cranes and earthmoving equipment.

SB 862 is now in House messages.

AIF supports the protection of owners and lessors from vicarious liability which is harmful to Florida’s business community.

HB 7111 – Relating to Constitutional Amendments

On Thursday, April 25, HB 7111, sponsored by the House Judiciary Committee, was read on the House floor and passed with a vote of 71 yeas to 41 nays.

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

• Requiring that a petition-gatherer:
• 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.
• 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; 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; and
• Address whether the amendment creates any constitutional issues.
  
  

HB 7111 is now in Senate messages. 

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

HB 829 – Relating to Attorney Fees and Costs

On Thursday, April 25, HB 829 by Representative Anthony Sabatini (R-Clermont) was read on the House floor and passed with a vote of 74 yeas and 37 nays.

Florida law states that a court may impose sanctions on a party or attorney who raises a frivolous claim or defense or unreasonably delays a judicial proceeding. The court may require the culpable party or attorney to pay for the other party's attorney fees. A party can appeal a court's award or denial of sanctions; however, the appellate court must affirm the award or denial, unless the lower court abused its discretion. This bill entitles a party to attorney fees and costs if the party prevails in an action challenging a local government ordinance as preempted. However, attorney fees and costs may not be awarded if the local government withdraws or repeals the ordinance within 21 days after receiving a written claim that the ordinance is preempted or the filing of a motion seeking attorney fees and costs under the new statutory section, whichever occurs first. The bill prospective and only applies to cases commenced on or after July 1, 2019. 

HB 829 is now in Senate messages.

AIF supports legislative attorney fee reform that helps prevent onerous fees imposed on businesses post-litigation.

HB 7103 – Relating to Property Development

On Thursday, April 25, HB 7103, sponsored by the House Judiciary Committee, was read on the House floor and passed with a vote of 72 yeas and 37 nays.

Property development in Florida is governed in part by both the Community Planning Act and the Florida Building Code. The Community Planning Act governs how local governments create and adopt local comprehensive plans, implement land development regulations, and issue development orders and permits. Every local government must enforce the Building Code and issue building permits. Local governments impose impact fees to fund local infrastructure needed to expand local services to meet the demands of population growth caused by development.

This bill changes property development regulations by:

• Restricting counties and municipalities from adopting or imposing certain mandatory affordable housing ordinances;
• Imposing time limits for a county or municipality to review a development order or permit application;
• Reducing the time period building departments have to review a permit application when a private provider approves the plans;
• Prohibiting a building official from replicating plan reviews or inspections performed by a private provider;
• Amending how a local government may impose impact fees. 
  
  

HB 7103 is now in Senate messages.

AIF supports legislative efforts to remove onerous regulations imposed on any part of Florida’s business community.