On Thursday, February 27, SB 922 by Senator Joe Gruters (R-Sarasota) was heard by the Senate Appropriations Committee and was reported favorable with 19 yeas and 0 nays. AIF stood in support of this legislation.
The bill makes changes to the Qualified Target Industry Tax Refund Program. Specifically, the bill provides that certain businesses that relocate to, or expand into, a county affected by Hurricane Michael are eligible to receive an increased tax refund and authorizes certain businesses located in a county affected by Hurricane Michael to apply for an economic recovery extension. The bill also removes the scheduled repeal date for the tax refund program.
SB 922 will now move to the Senate floor.
AIF supports efforts to increase economic development in Florida’s rural areas by increasing job growth.
Energy
SB 1464 – Relating to Underground Facility Damage Prevention and Safety
On Wednesday, February 26, SB 1464 by Senator Anitere Flores (R-Miami) was heard by the Senate Rules Committee and was reported favorable with 17 yeas and 0 nays. AIF stood in support of this legislation.
Chapter 556, F.S., is the “Underground Facility Damage Prevention and Safety Act” (Act). The stated purpose of the Act is to identify and locate underground facilities prior to an excavation or demolition to prevent injury to persons or property or interruption of services resulting from damage to those facilities. To accomplish this, the Act creates a not-for-profit corporation (Sunshine 811) to administer a free-access notification system.
The bill amends the Florida statute to:
Expand the list of entities that may issue citations for violations to include the State Fire Marshal and local fire chiefs.
Increase the maximum civil penalty (not exceeding $50,000) for certain violations that involve an underground pipe or facility transporting hazardous materials;
Require each clerk of court to submit an annual report to the State Fire Marshal listing each violation notice;
Require the reporting of incidents that involve high-priority subsurface installations (HPSI) to the State Fire Marshal for investigation; and
Direct Sunshine State One-Call to review complaints of alleged violations.
SB 1464 will now move to the Senate floor.
AIF supports legislation that enhances the 811 program and penalties to curb detrimental practices which lead to damaged infrastructure that causes unnecessary service interruptions, safety issues and increasing repair costs.
Environment
HB 73 – Relating to Environmental Regulation
On Wednesday, February 26, HB 73 by Representative Toby Overdorf (R-Stuart) was read a third time on the Senate floor and passed with 40 yeas and 0 nays.
Current state law requires each county to implement a recyclable materials recycling program within its boundaries and encourages counties to work with municipalities for this purpose. Recyclable materials can become contaminated when residents place materials that are not recyclable into curbside recycling bins. While facilities are equipped to handle some non-recyclable materials, excessive contamination can undermine the recycling process and result in increased costs due to equipment downtime, repair, or replacement needs. In addition to the increased recycling processing costs, contamination also results in poorer quality recyclables, increased rejection, and landfilling of unusable materials. Counties and municipalities may contract with private companies to operate their recycling programs, but current law does not require the contracts to address the contamination of recyclable materials.
The bill requires counties and municipalities to address nonhazardous contamination of recyclable materials in contracts with residential recycling collectors and recovered materials processing facilities. Contracts executed or renewed after October 1, 2020, must:
Define the term “contaminated recyclable material” in a manner that is appropriate for the local community;
Include strategies and obligations to reduce the amount of contaminated recyclable materials being collected or processed;
Create procedures for identifying, documenting, managing, and rejecting contaminated recyclable materials;
Authorize remedies in handling contaminated containers; and
Provide education and enforcement measures for collection contracts.
Additionally, state law allows water management districts and the Department of Environmental Protection (DEP) to require an environmental resource permit (ERP) and impose reasonable conditions to ensure certain construction activities comply with the law and will not harm water resources. Some projects can be exempted from ERP permitting if they meet specific statutory restrictions, and local governments may require an applicant get verification from DEP that an activity qualifies for an ERP exception. For example, an ERP exception currently exists for the replacement or repair of a dock or pier if the replacement or repaired dock or pier is in the same location and under specific conditions. The exception allows minor deviations to upgrade the dock or pier to current structural and design standards.
The bill prohibits local governments from requiring further verification from DEP that a construction activity meets an ERP exception. In addition, the bill revises the ERP exception for docks and piers to allow for the repair or replacement if it is within five feet of the same location and no larger than the existing dock or pier and no additional aquatic resources are adversely and permanently impacted.
HB 73 will now go to the Governor for consideration.
AIF supports efforts to streamline recycling systems and scale back onerous permits thus creating a more efficient and productive business climate in Florida.
HB 1343 – Relating to Water Quality Improvements
On Thursday, February 27, HB 1343, co-sponsored by Representative Blaise Ingoglia (R-Spring Hill) and Representative Bobby Payne (R-Palatka) was heard by the House State Affairs Committee and was reported favorable with 15 yeas and 7 nays. AIF stood in support of this legislation.
States are required by the Clean Water Act to maintain the quality of their waters. In Florida, water quality is addressed through water quality standards, total maximum daily loads (TMDLs), basin management action plans (BMAPs), and permits.
The bill addresses water quality impacts by:
Transferring the Onsite Sewage Program from the Department of Health to the Department of Environmental Protection (DEP);
Repealing certain onsite sewage treatment and disposal system (OSTDS) advisory committees;
Creating an OSTDS technical advisory committee to make recommendations that increase the availability of nutrient-reducing OSTDSs;
Requiring OSTDS remediation plans;
Requiring DEP staff training to include field inspections of stormwater structural controls;
Requiring DEP and the water management districts (WMDs) to update the stormwater regulations using the most recent science;
Requiring local governments to create wastewater treatment plans;
Requiring sanitary sewage facilities to take steps to prevent sanitary sewer overflows;
Requiring DEP to establish real-time water quality monitoring;
Requiring advanced wastewater treatment for domestic wastewater discharges to the Indian River Lagoon;
Prohibiting the land application of biosolids on certain sites;
Requiring the Department of Agriculture and Consumer Services (DACS) to conduct inspections of producers enrolled in best management practices (BMPs);
Requiring the University of Florida to develop research plans for developing new BMPs; and
Creating grant programs for the funding of water quality projects.
The also bill prohibits a local government regulation from recognizing or granting any legal right to a plant, animal, body of water, or any other part of the natural environment that is not a person or political subdivision; or from granting a person or political subdivision any specific rights relating to the natural environment.
HB 1343 will now move to the House floor.
AIF supports legislation that protects Florida businesses from lawsuits by defining that people cannot sue on behalf of inanimate objects, i.e. rivers, lakes, streams etc.
Health Care
SB 714 – Relating to Testing for and Treatment of Influenza and Streptococcus
On Tuesday, February 25, SB 714 by Senator Travis Hutson (R-Palm Coast) was heard by the Senate Appropriations Subcommittee on Health and Human Services and was reported favorable with 6 yeas and 2 nays. On Tuesday, February 25, SB 714 by Senator Travis Hutson (R-Palm Coast) was heard by the Senate Appropriations Subcommittee on Health and Human Services and was reported favorable with 6 yeas and 2 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.
Pharmacy is the third largest health profession behind nursing and medicine and the Board of Pharmacy, in conjunction with the Department of Health, regulates the practice of pharmacists and pharmacies.
The bill amends the definition of the “practice of the profession of pharmacy” to include the testing for and treatment of influenza (flu) and streptococcus (the bacteria that causes strep throat) by a pharmacist.
On Thursday, February 27, SB 714 by Senator Travis Hutson (R-Palm Coast) was heard by the Senate Appropriations Committee and was reported favorable with 15 yeas and 4 nays. AIF stood in support of this legislation.
The bill was amended in the Senate and now includes only testing for influenza.
SB 714 will now move to the Senate floor.
AIF supports increased access to care which keeps healthcare and insurance costs low for businesses while providing a healthy workforce.
HB 389 – Relating to Testing for and Treatment of Influenza and Streptococcus
On Wednesday, February 26, HB 389 by Representative Tyler Sirois (R-Merritt Island) was heard by the House Health & Human Services Committee and was reported favorable with 11 yeas and 3 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.
Representative Tyler Sirois Closing Remarks on HB 389
Pharmacy is the third largest health profession behind nursing and medicine and the Board of Pharmacy, in conjunction with the Department of Health, regulates the practice of pharmacists and pharmacies.
The bill amends the definition of the “practice of the profession of pharmacy” to include the testing for and treatment of influenza (flu) and streptococcus (the bacteria that causes strep throat) by a pharmacist.
HB 389 will now move to the House floor.
AIF supports increased access to care which keeps healthcare and insurance costs low for businesses while providing a healthy workforce.
HB 1103 – Relating to Electronic Prescribing
On Wednesday, February 26, HB 1103 by Representative Amber Mariano was read a second and third time on the House floor and passed with 75 yeas and 40 nays.
Representative Amber Mariano on HB 1103
Electronic prescribing (e-prescribing) is a method by which an authorized health care practitioner electronically transmits a prescription to a pharmacy using a secure software system. Efforts have been made by states, as well as the federal government, to increase the use of e-prescribing software. For example, Congress passed legislation mandating e-prescribing for certain medicinal drugs under the Medicare Part D program and several states enacted mandatory e-prescribing laws.
Beginning July 1, 2021, the bill requires prescribers to generate and transmit all prescriptions electronically, except when electronic prescribing is unavailable due to a temporary electrical or technological failure. In such instances, written prescriptions may be used which must meet the requirements of current law.
Additionally, the bill relocates language to one section of law (s. 456.42, F.S.) to improve readability and provide clarification related to the 2019 passage of e-prescribing legislation.
HB 1103 will now go to the Senate for consideration.
AIF supports legislation that provides for improved prescription accuracy, increased patient safety, reduced opportunities for fraud and abuse and reduced overall costs. Improving the overall functionality and cost will further enable Florida employers to provide health care coverage for our citizens.
HB 607 – Relating to Health Care Practitioners
On Wednesday, February 26, HB 607 by Representative Cary Pigman (R-Sebring) was heard by the House Health & Human Services Committee and was reported favorable with 15 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.
The U.S. has a current health care provider shortage. This shortage is predicted to continue into the foreseeable future and will likely worsen with the aging and growth of the U.S. population and ongoing efforts to expand access. Florida law requires advanced practice registered nurses (APRNs) to practice under a supervising protocol with a physician and only to the extent that a written protocol allows. Similarly, physician assistants (PAs) must practice under a supervising physician and may only perform those tasks delegated by the physician.
The bill authorizes APRNs who meet certain criteria to practice advanced or specialized nursing without physician supervision or a protocol and authorizes PAs to practice primary care without physician supervision. These APRNs and PAs may act as a patient’s primary care provider; provide a signature, certification, stamp, verification, affidavit, or other endorsement currently required to be provided by a physician; certify a cause of death and sign, correct, and file death certificates.
HB 607 will now move to the House floor.
AIF supports legislative efforts that expand access to healthcare for employers and keep healthcare costs low for Florida businesses.
HB 7053 – Relating to Direct Care Workers
On Wednesday, February 26, HB 7053, sponsored by the House Health Market Reform Subcommittee, was heard by the House Health & Human Services Committee and was reported favorable with 16 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of Amendment 10000 to this legislation.
The amendment added the entirety of Representative Pigman’s bill, HB 607, to HB 7053. Please refer to the summary and support statement for HB 607.
HB 7053 will now move to the House floor.
Insurance
HB 895 – Relating to Insurance
On Thursday, February 27, HB 895 by Representative David Santiago (R-Deltona) 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.
Florida law imposes a duty of good faith on an insurer in negotiating the settlement of a claim with the insured or a third party; meaning, the insurer must attempt in good faith to settle a claim when, under the circumstances, it can settle if it acts fairly and honestly toward its insured and with due regard to his or her interest. An insurer acting in bad faith may harm the insured party, by failing to settle a third party's claim against the insured, exposing the insured to greater liability. It could also harm a third party to the insurance contract by failing to settle its claim against the insured. Either an insured or a third party to the insurance contract can sue the insurer for bad faith. A jury decides whether the insurer acted in bad faith and determines the amount of damages.
Claimant’s Good Faith Requirement – The bill creates a statutory good faith obligation on the insured, claimant, and the representative of the insured or claimant. In an action alleging insurer bad faith, the jury (or judge, in a bench trial) must consider whether the plaintiff and their representative acted in good faith and if they failed to so act, make a reasonable reduction in the damages awarded, if any.
Bar to Civil Remedy – The bill prohibits a third-party lawsuit for insurer bad faith in a liability claim, if there is a single claimant and the insurer paid the lesser of the claimant’s demand or policy limits or if there are multiple claimants and the insurer submits the matter at policy limits to the court for resolution of the claimant’s percentage share of the policy limit amount either within 90 days following the second notice of claim or during the 60-day cure period following receipt of the required pre-suit notice.
Filing of Pre-Suit Notice and Tolling of Statute of Limitation – Florida law requires a pre-suit notice to the Department of Financial Services (DFS) and the insurer 60 days prior to suing on a bad faith claim, but no particular insurer address is specified. The bill requires the insurer to designate an email address for delivery of the notice and mandates that DFS forward notices to that email. It starts the 60 days from the day the insurer receives the forwarded notice. Also, it extends the statute of limitation for 60 days, if the property appraisal process is invoked in the claim.
HB 895 will now move to the House floor.
AIF supports smart, targeted reforms that help keep the insurance markets up to date while protecting Florida policyholders.
Legal & Judicial
HB 903 – Relating to Fines and Fees
On Tuesday, February 25, HB 903 by Representative Byron Donalds (R-Naples) was heard by the House Appropriations Committee and was reported favorable with 27 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 may 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.
HB 903 will now move to the House Judiciary Committee.
AIF supports legislation that clarifies regulations and keeps Florida businesses operating on our roadways.
HB 9 – Relating to Damages
On Wednesday, February 26, HB 9 by Representative Tom Leek (R-Daytona Beach) was heard by the House Judiciary Committee and was reported favorable with 10 yeas and 8 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 floor.
AIF supports legislation that creates transparency and ensures accuracy in damages, thereby reducing the cost of insurance premiums for Florida businesses.
SB 1794 – Relating to Constitutional Amendments
On Wednesday, February 26, SB 1794 by Senator Travis Hutson (R-Palm Coast) was heard by the Senate Rules Committee and was reported favorable with 10 yeas and 7 nays. AIF 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.
SB 1794 will now move to the Senate floor.
AIF supports the measures contained in this bill to prevent interest groups’ circumvention of the legislature in revising Florida’s constitution.
HB 7041 – Relating to Litigation Financing Consumer Protection
On Thursday, February 27, HB 7041, sponsored by the House Civil Justice Subcommittee, was heard by the House Commerce Committee and was reported favorable with 20 yeas and 3 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.
Litigation financing is a non-recourse transaction in which a third party (“litigation financier”) provides funds to a person bringing a civil action or claim in exchange for an assignment of the person’s contingent right to receive an amount of the civil action or claim’s potential proceeds
The bill establishes various requirements, such as registering with the Department of State and posting a bond, on litigation financers. The bill also establishes requirements regarding the contracts, disclosure to consumers, and prohibited conduct. Specifically, the bill caps the fees for any civil action or claim, regardless of the number of contracts of a litigation financier. Lastly, it provides that violation of the Act is a violation of the Florida Deceptive and Unfair Trade Practices Act.
HB 7041 will now move to the House floor.
AIF supports efforts that create transparency and accountability to prevent malevolent litigation financiers from driving up litigation costs, and; therefore, driving up the cost to do business in Florida.
HB 1165 – Relating to Beverage Law
On Thursday, February 27, HB 1165 by Representative Holly Raschein (R-Key Largo) was heard by the House Commerce Committee and was reported favorable with 12 yeas and 11 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.
Representative Holly Raschein on HB 1165
In Florida, the Beverage Law regulates the manufacture, distribution, and sale of wine, beer, and liquor by manufacturers, distributors, and vendors. Since the repeal of Prohibition, regulation of alcohol in the United States has traditionally been based upon what is termed the “three-tier system.” The system requires separation of the manufacture, distribution, and sale of alcoholic beverages. The manufacturer creates the beverages, and the distributor obtains the beverages from the manufacturer to deliver to the vendor. The vendor makes the ultimate sale to the consumer. Generally, only licensed vendors are permitted to sell alcoholic beverages directly to consumers at retail, and manufacturers, distributors, and exporters are generally prohibited from holding a vendor’s license.
The bill provides that a manufacturer or importer of malt beverages and a vendor may enter into a written agreement for brand-naming rights and associated cooperative advertising if negotiated at arm’s length and only at specified venues in the state such as theme parks.
HB 1165 will now move to the House floor.
AIF supports legislative efforts to revise outdated laws that impose burdens and restrictions on any sector of the business community, including vendors and distributors of alcoholic beverages.
Taxation
HB 7097 – Relating to Taxation
On Tuesday, February 25, HB 7097, sponsored by the House Ways & Means Committee, was heard by the House Appropriations Committee and was reported favorable with 25 yeas and 4 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.
The bill provides for several tax reductions and other tax-related modifications designed to directly impact both families and businesses. Specifically, the bill provides for a 0.5 percentage point reduction in the state communications services tax. Several provisions related to sales tax are included:
A reduction in the tax rate for commercial property rentals from 5.5% to 5.4%;
A three-day “back-to-school” tax holiday for certain clothing, school supplies, and personal computers; and a seven-day “disaster preparedness” tax holiday in May and June of 2020 for specified disaster preparedness items;
A requirement that School Capital Outlay sales surtaxes approved in the future be proportionately shared with charter schools;
A change in distributions made under the Tax Collection Enforcement Diversion Program; and
Future sunset of the Charter County and Regional Transportation System Sales Surtax currently levied in Miami-Dade County, and a requirement that any future levy of the tax in any eligible county be limited to 20 years in duration.
The bill also provides for a one-time increase of $8.2 million available for the brownfields tax credit program and includes a provision that amends the calculation of a taxpayer’s “final tax liability” for purposes of calculating certain corporate income tax refunds.
HB 7097 will now move to the House floor.
AIF supports legislative actions that reduce taxes on businesses which allows further growth and employment opportunities.
SB 524 – Relating to Sales Tax Holiday for Disaster Preparedness Supplies
On Thursday, February 27, SB 524 by Senator Joe Gruters (R-Sarasota) was heard by the Senate Appropriations Committee and was reported favorable with 19 yeas and 0 nays. AIF stood in support of this legislation.
Florida levies a 6% sales and use tax on the sale or rental of most tangible personal property, admissions, transient rentals, rental of commercial real estate, and a limited number of services.
The bill establishes an 18-day “disaster preparedness” sales tax holiday, from May 29, 2020 through June 15, 2020, during which time certain items purchased for disaster preparedness and protection are exempt from the sales and use tax and local discretionary sales surtaxes. The bill allows the Department of Revenue to adopt emergency rules in order to implement the sales tax holiday.
SB 524 will now move to the Senate floor.
AIF supports legislation that reduces taxes and provides Floridians with a preparedness tax exemption encouraging them to protect their assets against potential destruction.
SB 542 – Relating to Back-to-School Sales Tax Holiday
On Thursday, February 27, SB 542 by Senator Keith Perry (R-Gainesville) was heard by the Senate Appropriations Committee and was reported favorable with 19 yeas and 0 nays. AIF stood in support of this legislation.
Florida levies a 6% sales and use tax on the sale or rental of most tangible personal property, admissions, transient rentals, rental of commercial real estate, and a limited number of services.
The bill establishes a 10-day “back-to-school” sales tax holiday, from Friday, July 31, 2020 to Sunday, August 9, 2020, for certain clothing, school supplies, personal computers, and personal computer-related accessories.
SB 542 will now move to the Senate floor.
AIF supports tax cuts for Florida’s consumers and businesses.
SB 7058 – Relating to Internal Revenue Code
On Thursday, February 27, SB 7058, sponsored by the Senate Finance and Tax Committee, was heard by the Senate Appropriations Committee and was reported favorable with 18 yeas and 0 nays. AIF stood in support of this legislation.
Florida imposes a 5.5% tax on the taxable income of corporations and financial institutions doing business in Florida. The determination of taxable income for Florida tax purposes begins with the taxable income used for federal income tax purposes. Additional adjustments are then made to determine Florida’s taxable income. By starting with federal taxable income, Florida eases the administrative burden on Florida taxpayers because they receive the same treatment in Florida as is allowed in determining their federal taxable income. Florida maintains this relationship with the federal Internal Revenue Code (IRC) each year by adopting the IRC as it exists on January 1 of the year. By doing this, Florida adopts any changes that were made in the previous year to the determination of federal taxable income.
The bill updates Florida’s corporate Income Tax Code by adopting the federal Internal Revenue Code in effect on January 1, 2020.
SB 7058 will now move to the Senate floor.
AIF supports a reduced corporate income tax on businesses to encourage corporate growth and the expansion of employment opportunities in Florida.
