SB 658/HB 473 – Cybersecurity Incident Liability

On Tuesday, February 6, SB 658 by Senator DiCeglie (R-St. Petersburg) was heard by the Senate Governmental Oversight and Accountability Committee and was reported favorably with 5 yeas and 1 nays. AIF stood in support of this legislation.

Also on Tuesday, HB 473 by Representative Mike Giallombardo (R- Cape Coral) was heard by the House State Administration & Technology Appropriations Subcommittee and was reported favorably with 9 yeas and 4 nays. AIF stood in support of this legislation.

SB 658 and HB 473 tackle 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.The bill 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 Rules Committee for consideration.

HB 473 will now go to the Senate Judiciary 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 Tuesday, February 6, SB 238 by Senator Colleen Burton (R-Lakeland) was heard by the Senate Health Policy Committee and was reported favorably with 6 yeas and 3 nays. AIF stood in support of this legislation.

This bill is a courtroom protections bill that aligns assisted living facilities “ALF’s” with current statutes that protect nursing homes from sue-to-settle litigation. The bill 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.

SB 238 will now go to the Senate Rules 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 742 – Public Works Projects

On Tuesday, February 6, SB 742 by Senator Erin Grall (R-Vero Beach) was heard by the Senate Governmental Oversight & Accountability Committee and was reported favorably with 4 yeas and 2 nays. AIF stood in support of this legislation.

SB 742 ensures that public works projects that use local funds may not require contractors pay specific wage rates or provide locally mandated employment benefits. This provision already applies to projects that use state dollars. Some local governments are currently requiring the use of prevailing wage rates in their public works contracts. These requirements can dramatically impact project costs and impact an employer’s flexibility in employment decisions. AIF believes that the state minimum wage requirement and the free market are sufficient to ensure proper wage levels.

SB 742 will now go to the Senate Rules Committee for consideration.

AIF supports legislation that keeps businesses competing through free market access to public programs.

HB 1099 – Food Delivery Platforms

On Tuesday, February 6, HB 1099 by Representative Lauren Melo (R-Naples) was heard by the House Regulatory Reform & Economic Development Subcommittee and was reported favorably with 12 yeas and 0 nays. AIF stood in support of this legislation.

HB 1099 preempts the regulation of food delivery platforms to the State and provides regulatory safeguards for the business relationship between a Food Delivery Platform and a Food Service Establishment. Among the provisions, the bill prohibits a food delivery platform from taking and arranging for the delivery or pickup of orders from a food service establishment without the express consent of that food service establishment. The bill also allows for some guidelines for a restaurant or establishment to be removed from a Food Delivery Platform and creates a channel for better communication between the food service establishment and the consumers themselves.

HB 1099 will now go to the House Commerce Committee for consideration.

AIF supports streamlining regulations and creating a level regulatory platform that allows businesses to compete fairly.

SB 774 – Towing & Storage

On Tuesday, February 6, SB 774 by Senator Keith Perry (R-Gainesville) was heard by the Senate Community Affairs Committee and was reported favorably with 8 yeas and 0 nays. AIF stood in support of this legislation.

SB 774 seeks to curb predatory towing practices hurting Florida’s businesses and consumers. Among other provisions, the bill clarifies the fees that towing companies may charge, increases the timeframe for a towing company to sell an unclaimed vehicle to ensure consumers have time to retrieve it; and prohibits towing companies from requiring only notarized original titles that are appropriate for securing the release of a vehicle.

SB 774 will now go to the Senate Rules Committee for consideration.

AIF supports legislation that sets clear guidelines for businesses and consumers to follow. These measures will reduce the amount of rampant litigation while keeping businesses in line with their obligations to the consumer.

SB 1492 – Employment Regulations

On Tuesday, February 6, SB 1492 by Senator Jay Trumbull (R-Panama City) was heard by the Senate Community Affairs Committee and was reported favorably with 5 yeas and 3 nays. AIF stood in support of this legislation.

SB 1492 was filed as a bill that would preempt local governments from adding additional ordinances relating to workplace heat exposure requirements. It was amended to include preemptions relating to local wage requirements. Employers are already required under OSHA to provide a place of employment that is free from recognized standards including heat. There are clear standards employers must meet and this bill will prevent another level of regulation in this area and an unlevel regulatory playing field.

SB 1492 will now go to the Senate Rules Committee for consideration.

AIF supports regulatory consistency in workplace safety regulations that prevents a patchwork of local regulations that could include unattainable standards which do little to protect employees while opening an onslaught of fines penalties, and other punitive measures.