SB 738 – Environmental Management

On Monday, January 29, SB 738 by Senator Danny Burgess (R-Zephyrhills) was heard by the Senate Judiciary Committee and was reported favorably with 7 yeas and 2 nays. AIF stood in support of this legislation.

SB 738 clarifies language for the redevelopment of contaminated lands and provides a barrier against frivolous litigation for those abiding by guidelines issued by the state. Additionally, the bill requires that DEP and Water Management Districts conduct a study seeking to find additional efficiencies in their permitting processes.

SB 738 will now go to the Senate Fiscal Policy Committee for consideration.

AIF supports legislation that simplifies regulatory patchwork and provides protections against frivolous litigation.

WST1 – Stormwater Rules

On Monday, January 29, Proposed Committee Bill WST1 by the House Water Quality, Supply and Treatment Subcommittee was heard and passed with 16 yeas and 0 nays. AIF spoke on the rule and offered suggestions as to how the rule could provide more certainty, reliability and timeliness in the permitting process.

In 2021, the Florida Legislature directed DEP to begin rulemaking on stormwater management’s design and operations throughout the state. The department, following the direction of the legislature, has made several drastic recommendations that were submitted in the proposed rule. These provisions eliminate preexisting standards for grandfathered ERP’s and create new “nutrient load reduction” guidelines, limiting the amount of impurities allowed from stormwater runoff facilities.

WST1 awaits further committee references before moving forward.

AIF has provided input on how the rule could be changed. Several suggestions have been incorporated. However, AIF is working to have changes made that would improve the certainty, reliability and timeliness in the permitting process.

SB 658 – Cybersecurity Incident Liability

On Monday, January 29, SB 658 by Senator Nick DiCeglie (R-St. Petersburg) was heard by the Senate Judiciary Committee and was reported favorably with 7 yeas and 2 nays. AIF stood in support of this legislation.

SB 658 tackles civil liability from the cybersecurity perspective. As businesses, large and small, continue to rely on data and software to effectively service their customers, frivolous litigation has been on the rise following cyber-attacks on businesses. SB 658 sets standards for businesses to follow, so if a breach occurs, they are protected from frivolous litigation. Additionally, the bill creates a structure for companies using consumer data to better protect the data from cyberattacks.

SB 658 will now go to the Senate Governmental Oversight & Accountability Committee for consideration.

AIF supports legislation that creates a clear and consistent framework for businesses to follow in order to safeguard consumer privacy and to reduce the risk of frivolous litigation. These measures will create a fair playing field and encourage more businesses to invest in Florida.

SB 238 – Claims Against Assisted Living Facilities

On Monday, January 29, SB 238 by Senator Colleen Burton (R-Lakeland) was heard by the Senate Judiciary Committee and was reported favorably with 16 yeas and 0 nays. AIF stood in support of this legislation.

SB 238 is a courtroom protections bill that aligns assisted living facilities “ALF’s” with current statutes that protect nursing homes from sue-to-settle litigation. SB 238 matches nursing home protections by specifying for ALF's the defendants that can be initially named in a lawsuit, such as the licensee, managing company, active participants, managing employees and direct caregivers. If the plaintiff wishes to add more defendants to the lawsuit, a court would have to hold a special hearing to determine if the proposed defendant is negligent for the case in question. Additionally, the bill matches nursing home statutes in how punitive damages can be sought by requiring a special hearing on admissible evidence as well.

The bill was amended in the Judiciary Committee to replace the definition of “management company or consulting company” with a definition of “management company or active participant” and add to this definition people or entities who receive and control financing that is used by the ALF when the resident lived in the ALF.

SB 238 will now go to the Senate Health Policy Committee for consideration.

AIF supports legislation that promotes civil protections and keeps businesses in line with industry partners. Consistent and reliable liability protections will generate more investment and growth for Florida’s economy.

SB 340 - Intentional Damage to Critical Infrastructure

On Monday, January 29, SB 340 by Senator Clay Yarborough (R-Jacksonville) was heard by the Senate Regulated Industries Committee and was reported favorably with 7 yeas and 0 nays. AIF stood in support of this legislation.

SB 340 provides for increased penalties for those who “improperly tamper” with anything defined as “critical infrastructure.” Some examples of “critical infrastructure” include electrical power stations, chemical storage facilities, liquid natural gas storage facilities, deep-water ports, or railyards.

SB 340 will now go to the Senate Fiscal Policy Committee for consideration.

AIF supports legislation that deters vandalism, theft, or any form of criminal activity in or around areas of critical infrastructure.