SB 1582 – Relating to Asbestos Trust Claims

On Tuesday, February 18, SB 1582 by Senator David Simmons (R-Longwood) was heard by the Senate Commerce and Tourism Committee and was reported favorable with 4 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

Asbestos is the name given to six naturally occurring fibrous minerals resistant to chemical, thermal, and electricity damage historically used in construction, manufacturing, and fireproofing. When handled, asbestos separates into microscopic particles, exposure to which causes cancer and other diseases, including lung cancer, mesothelioma, and asbestosis, which can take 20 to 40 years to develop following initial exposure.

Workers exposed to asbestos began falling ill and in turn sued the corporations responsible for their exposure. As the suits against these corporations piled up, many filed for reorganization under Chapter 11 of the United States Bankruptcy Code, which in turn stayed all current suits against the respective corporation.

The bankruptcy court faced a unique scenario, where corporations were able to reorganize while shielded from future suits. These suits would instead be filed against a trust fund formed by the company seeking bankruptcy reorganization.

Presently, where liability for an asbestos injury comes from both a trust and a solvent corporation, an injured person may sue the solvent corporation to recover its share of the harm, and a court may offset the judgment by the amount of trust payments the plaintiff received for the same injury. However, where a plaintiff files a trust claim after obtaining a judgment in a civil action alleging the same injury, a court loses its ability to offset the judgment against the solvent defendant. Plaintiffs use this loophole to increase their compensation for a single injury, essentially double-dipping.

The bill requires a claimant filing an asbestos injury lawsuit to notify all parties to the action of any claims made against and funds received from an asbestos trust. The bill states that a defendant in an asbestos claim may obtain through discovery certain materials the claimant has filed with an asbestos trust. The bill bars asbestos claimants from claiming that the materials filed with the trust are privileged.

Additionally, the bill allows a trial court to adjust an asbestos claim judgment to reflect payment received by the plaintiff from an asbestos trust, if the plaintiff filed the trust claim after he or she obtained a judgment but before that judgment was satisfied.

SB 1582 will now move to the Senate Rules Committee.

AIF supports legislation that curbs “double dipping” of the asbestos trust fund which ensures that all Floridians affected may be adequately compensated.

 

SB 1328 – Relating to Fines and Fees

On Tuesday, February 18, SB 1328 by Senator Tom Wright (R-Port Orange) was heard by the Senate Appropriations Subcommittee on Criminal and Civil Justice and was reported favorable with 8 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

Each of the 67 Florida counties has a clerk of court, an elected constitutional officer who oversees judiciary functions as the clerk of the county and circuit courts. The clerks are authorized to charge fees for performing various functions and collect court costs and fines related to a court disposition.

An indigent person may ask the clerk of court to allow them to enter into a payment plan for outstanding financial obligations owed to the clerk. If a fee, service charge, fine, or court cost remains unpaid for 90 days, and the clerk has attempted to collect the unpaid amount through an internal process, the clerk may forward the unpaid accounts to an attorney or collection agent.

Under current law, a person's driver license can be suspended for various reasons, including:

• Failure to a pay a court fee or fine.
• Failure to comply with or appear at a traffic summons.
• Having unpaid citations in another state.

The bill requires clerks of court to actively attempt to collect fines, service charges, fees, or costs owed before revoking the driver license of the person who owes the funds. Specifically, a clerk of court must notify a person owing funds of the potential to enroll in a payment plan to defer the payment of the amounts owed before revoking the person’s driver license. Once a payment plan is established, the clerk must provide a person who does not make a required payment with a delinquency notice and a grace period before revoking the person’s license. Additionally, the bill gives courts authority to waive, modify, or convert the outstanding amounts to community service, if the individual is indigent or due to compelling circumstances is unable to comply with a payment plan.

SB 1328 will now move to the Senate Appropriations Committee.

AIF supports legislation that clarifies regulations and keeps Florida businesses operating on our roadways.

 

HB 7037 – Relating to Constitutional Amendments Proposed by Initiative

On Tuesday, February 18, HB 7037, sponsored and heard by the House Judiciary Committee, was reported favorable with 11 yeas and 6 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

The Florida Constitution is the charter of the liberties of Floridians. It may be amended only if the voters approve an amendment originating from the Legislature, the Constitution Revision Commission, the Taxation and Budget Reform Commission, a constitutional convention, or a citizen initiative.

The bill modifies several aspects of the citizen initiative process to increase transparency, strengthen the integrity of the ballot, and reduce costs for the supervisors of elections. Specifically, the bill changes the deadline for gathering signatures, the Fiscal Impact Estimating Conference (FIEC) analysis process, the ballot language requirements, and the requirements for supervisors of elections.

HB 7037 will now move to the House floor for consideration.

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

 

HB 7093 – Relating to Petition Threshold Requirements for Citizen Initiatives

On Tuesday, February 18, PCB JDC 20-07 (now HB 7093), sponsored and heard by the House Judiciary Committee, was reported favorable with 11 yeas and 6 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

The Florida Constitution may be amended only if the voters approve an amendment originating from the Legislature, the Constitution Revision Commission, the Taxation and Budget Reform Commission, a constitutional convention, or a citizen initiative.

For a citizen initiative to be placed in the constitution:

• To place the initiative language on the ballot, a sponsor must register as a Florida political committee and gather a sufficient number of signatures from Florida voters equal to:
  • At least 8 percent of the total number of persons voting statewide in the last presidential election; and
  • In at least half of Florida's 27 congressional districts, at least 8 percent of the number of persons voting in the district in the last presidential election.
• The Florida Supreme Court must review the proposed amendment to ensure legal compliance.
• The Financial Impact Estimating Conference (FIEC) must analyze the proposal's financial impacts.
• At least 60 percent of the voters voting on the proposed amendment must vote yes.

The bill is a joint resolution, which, if approved by the voters at the next general election, would require the sponsor of a citizen initiative, to place the initiative on the ballot, to gather sufficient petition signatures to meet the 8-percent threshold in all 27 of Florida's congressional districts, rather than only half of the districts.

A joint resolution proposing an amendment to the Florida Constitution must be passed by three-fifths of the membership of each house of the Legislature to appear on the next general election ballot. If placed on the ballot, the Constitution requires at least 60 percent voter approval for passage.

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

 

SB 7062 – Relating to Citizen Initiative

On Wednesday, February 19, SB 7062, sponsored and heard by the Senate Judiciary Committee, was reported favorable with 4 yeas and 2 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

The Florida Constitution authorizes five methods by which proposed amendments may be submitted to the electors for approval. These methods of amendment allow proposals to be submitted to the electors by the Legislature, the constitution revision commission, the taxation and budget reform commission, a constitutional convention, and a citizen initiative.

The bill is a joint resolution to amend the Florida Constitution to change the geographic distribution requirement for signatures on citizen initiative petitions. Initiative proponents will be required to show that an initiative has some public support in all, instead of half, of the state’s 27 congressional districts. Proponents must demonstrate sufficient public support by collecting signatures on initiative petitions from each congressional district of the state in a number equal to 8% of the votes cast in each district in the last presidential election.

Under the current geographic distribution requirement in the Constitution, signatures must satisfy the 8 percent threshold in at least half of the state’s 27 congressional districts. The joint resolution does not change the total number of signatures on petitions that must be obtained to place a citizen initiative amendment on the ballot.

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

 

SB 1484 – Relating to Motor Vehicle Manufacturers and Dealers

On Wednesday, February 19, SB 1484 by Senator Manny Diaz (R-Hialeah Gardens) was heard by the Senate Judiciary Committee and was reported favorable with 3 yeas and 2 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in opposition to this legislation.

Florida has substantially regulated motor vehicle manufacturers and motor vehicle dealers since before 1950. The bill addresses a number of issues related to contractual agreements between motor vehicle manufacturers (or distributors/importers) and franchised motor vehicle dealers. Current law prohibits a manufacturer, importer, or distributor of a given brand of vehicle from competing with its dealers of that brand in any activity covered in their franchise agreement.

The bill prohibits manufacturers from competing with their dealers but by listing the activities at which they may not compete, such as the sale and service of motor vehicles. The bill also expressly prohibits a manufacturer that has sold a brand of vehicle through a franchised dealer from selling that brand of vehicle in any other way, regardless of whether the manufacturer “rebadges” the vehicle. Additionally, the bill will make it unlawful for most manufacturers to sell parts to a retail consumer or a wholesaler.

SB 1484 will now move to the Senate Rules Committee.

AIF opposes legislative efforts that choose winners and losers by interfering with contracts between private companies as dictating contracts is not the role of government.

 

HB 9 – Relating to Damages

On Thursday, February 20, HB 9 by Representative Tom Leek (R-Daytona Beach) was heard by the House Commerce Committee and was reported favorable with 15 yeas and 9 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

A tort is a civil wrong for which the law provides a remedy. The purpose of tort law is to fairly compensate a person harmed by another person's wrongful acts, whether intentional or negligent. In a negligence action in Florida, the compensation a plaintiff recovers is reduced to the extent the plaintiff or a third party contributed to the injury.

A healthy tort liability system benefits society as a whole by compensating injured parties fairly, resolving disputes, and discouraging undesirable behavior. 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.

The bill modifies the damages recoverable in certain tort actions by requiring a jury to consider an estimated value of medical services based on an independent database reporting medical costs charged and paid. This ensures the jury does not rely solely on the amount billed by the provider of medical or health care services to determine damages.

HB 9 will now move to the House Judiciary Committee.

AIF supports legislation that creates transparency and ensures accuracy in damages, thereby reducing the cost of insurance premiums for Florida businesses.

 

HB 1193 – Relating to Deregulation of Professions and Occupations

On Thursday, February 20, HB 1193 by Representative Blaise Ingoglia (R-Spring Hill) was heard by the House Commerce Committee and was reported favorable with 23 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

Representative Blaise Ingoglia on HB 1193

 

An occupational or professional license is a form of regulation that requires individuals who want to perform certain types of work, such as contractors and cosmetologists, to obtain permission from the government to perform the work. In the 1950s, less than five percent of U.S. workers were required to have an occupational license to do their jobs. Since then, the number of workers required to have a license has risen to more than one-quarter of U.S. workers, and an estimated 28.7 percent of the Florida workforce requires a license from the state.

In 2015, The White House published a report on the current state of occupational licensing in the nation. The report found that when designed and implemented carefully, requiring occupational licenses offers important health and safety protections to consumers, as well as benefits to workers. However, the report also found that too often licensing requirements are inconsistent, inefficient, arbitrary, and there is evidence that the current licensing regimes in the U.S. raise the price of goods and services, restrict employment opportunities, and make it more difficult for workers to take their skills across state lines.

Specifically, the bill, cited as the “Occupational Freedom and Opportunity Act,” does the following:

• Deregulates: Interior designers and interior design businesses, hair braiders, hair wrappers, and body wrappers, nail polishers and makeup applicators, and boxing announcers and timekeepers.
• Partially deregulates: Talent agents, and labor organizations.
• Eliminates the additional business license for: Architects and landscape architects.
• Reduces the hours of training required to obtain a license for: Barbers, cosmetologists, and specialty salons.
• Adds new ways for out of state professionals to obtain a license in the state for: Veterinarians, construction and electrical contractors, landscape architects, geologists, engineers, certified public accountants, home inspectors, building code professionals, and cosmetologists barbers.
• Reduces the number of members on the Florida Building Commission.
• Authorizes unlicensed individual to provide compensated dietary and nutritional information if such individuals do not represent that they are licensed dieticians or nutritionists.
• Prohibits DBPR from disciplining or revoking a licensee based solely on defaulting on a student loan.

HB 1193 will now move to the House floor.

AIF supports legislative action to lesson burdensome and unnecessary regulations on Florida businesses.

 

SB 810 – Relating to Tobacco and Nicotine Products

On Thursday, February 20, SB 810 by Senator David Simmons (R-Longwood) was heard by the Senate Appropriations Committee and was reported favorable with 17 yeas and 3 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

The bill:

• Increases the minimum age to lawfully purchase and possess tobacco products from 18 years of age to 21 years of age.
• Repeals exceptions allowing persons in the military and emancipated minors to possess or purchase tobacco products under current law.
• Prohibits smoking and vaping by any person under 21 years of age on or near school property, regardless of hours of the day.
• Limits the sale of tobacco products through a vending machine to a location that prohibits persons under 21 years of age on the premises.
• Requires age verification before a sale or delivery to a person under 30 years of age. (This complies with recently enacted federal law.

SB 810 will now move to the Senate floor.

AIF supports moving the legal age of purchasing these products to 21 to align with Federal law.