SB 238/HB 995 – 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.

On Thursday, February 1, HB 995 by Representative Ryan Chamberlin (R-Belleview) was heard by the House Civil Justice Subcommittee and was reported favorably with 12 yeas and 5 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 was amended in the Senate 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 and is scheduled to be heard on Tuesday, February 6.

HB 995 will now go to the House Select Committee on Health Innovation 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 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 and is scheduled to be heard on Tuesday, February 6.

The House companion, HB 473 by Representative Mike Giallombardo (R-Cape Coral) was heard by the House Commerce Committee on January 19 and was passed. HB 473 awaits further consideration by the House Judiciary Committee.

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.

HB 1367 - Asbestos and Silica Claims

On Thursday, February 1, HB 1367 by Representative Robbie Brackett (R-Vero Beach) was heard by the House Civil Justice Subcommittee and was reported favorably with 14 yeas and 3 nays. AIF stood in support of this legislation.

HB 1367 modifies the current list of procedures for a plaintiff to follow when filing a lawsuit regarding asbestos exposure. Currently, a written report must be submitted that includes personal information, asbestos exposure locations, an exposed persons employer at the time of the supposed exposure, any asbestos-related conditions associated with the exposure, any documentation that can support the claim, etc.

HB 1367 would require the plaintiff to include information about their smoking history, names and details of anyone who is knowledgeable of the plaintiff’s exposure to asbestos, the specific product (type) of asbestos that the plaintiff was exposed to and the location.

HB 1367 will now go to the House Judiciary Committee for consideration.

The Senate companion, SB 720 by Senator Travis Hutson (R-Palm Coast) will be heard by the Senate Judiciary Committee on Monday, February 5.

AIF supports legislative initiatives that reinforce the system of checks and balances in our courts. Access to critical evidence and information is important, especially when the outcome of the case can be determined by the medical history of the plaintiff.

HB 789/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.

On Wednesday, January 31, HB 789 by Representative Toby Overdorf (R-Palm City) was heard by the House Agriculture & Natural Resources Appropriations Subcommittee and was reported favorably with 10 yeas and 5 nays. AIF stood in support of this legislation.

HB 789 clarifies language for the redevelopment of contaminated lands and provides a barrier against frivolous litigation for those abiding by guidelines issued by the state. SB 738 is similar, but also includes a provision that requires DEP and Water Management Districts to conduct a study seeking to find additional efficiencies in their permitting processes. AIF is working to align the House language with the Senate version.

HB 789 will now go to the House Infrastructure Strategies Committee for consideration.

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.

HB 7053 – Stormwater Rules

On Monday, January 29, Proposed Committee Bill HB 7053 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.

HB 7053 will now go to the House Infrastructure Strategies Committee for consideration.

The Senate companion, SB 7040 was heard and passed by the Senate Environment and Natural Resources Subcommittee on January 23. The bill awaits further consideration by the Senate Appropriations Committee on Agriculture, Environment, and General Government Committee.

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 340/HB 275 - 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.

On Tuesday, January 30, HB 275 by Representative Jennifer Canady (R-Lakeland) was heard by the House Energy, Communications & Cybersecurity Subcommittee and was reported favorably with 15 yeas and 0 nays. AIF stood in support of this legislation.

This bill 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.

HB 275 will now go to the House Judiciary Committee for consideration.

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

HB 705 - Public Works Projects

On Tuesday, January 30, HB 705 by Representative Jason Shoaf (R-Port St. Joe) was heard by the House State Affairs Committee and was reported favorably with 14 yeas and 6 nays. AIF stood in support of this legislation.

HB 705 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.

HB 705 will now go to the House Floor for consideration.

The Senate companion, SB 742 by Senator Erin Grall (R-Vero Beach) is scheduled to be heard by the Senate Governmental Oversight & Accountability Committee on Tuesday, February 6.

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

HB 683 – Renewable Natural Gas

On Tuesday, January 30, HB 683 by Representative Brad Yeager (R-New Port Richey) was heard by the House Energy, Communications & Cybersecurity Subcommittee and was reported favorably with 15 yeas and 0 nays. AIF stood in support of this legislation. 

Renewable Natural Gas (RNG) continues to expand its presence in Florida’s economy as it becomes a more practical and cost-effective source of renewable energy. HB 683 would grant public utilities with a cost-recovery mechanism for qualifying RNG infrastructure projects. The bill would also encourage further solutions for the capture, sale, and reuse of methane gas. Additionally, HB 683 provides language aligning the cost-recovery mechanisms with storm protection plans. These plans cover pipelines and storage facilities.

HB 683 will now go to the House Water Quality, Supply & Treatment Subcommittee for consideration.

The Senate companion, SB 480 by Senator Nick DiCeglie (R-St. Petersburg) was heard by the Senate Appropriations Committee on Agriculture, Environment, and General Government and passed on January 17. SB 480 awaits further consideration by the Senate Fiscal Policy Committee.

AIF supports legislation that provides an economically and technically feasible framework which encourages development and investment in renewable natural gas, hydrogen, and other energy technologies. Investment in new energy solutions creates competition and allows for additional renewable energy options.

HB 1039 - Court-ordered Sealing of Criminal History Records

On Tuesday, January 30, HB 1039 by Representative LaVon Bracy Davis (D-Ocoee) was heard by the House Criminal Justice Subcommittee and was reported favorably with 13 yeas and 2 nays. AIF stood in support of this legislation.

HB 1039 expands Florida’s access to court-ordered sealing for individuals with a criminal record. HB 1039 would rework the existing laws for record sealing in a way that permits those with non-serious offenses greater opportunities to have a record officially sealed.

HB 1039 will now go to the House Justice Appropriations Subcommittee for consideration. The Senate companion, SB 1290 by Senator Tracie Davis (D-Jacksonville) still awaits consideration by its first committee reference, the Senate Criminal Justice Committee.

AIF supports legislative efforts to increase a non-serious offender’s access to record sealing abilities. Florida, like many other states, continues to face issues with labor shortages. These initiatives will help more people enter the workforce and alleviate ongoing labor issues for businesses throughout the state.

HB 1147- Broadband

On Wednesday, January 31, HB 1147 by Representative Josie Tomkow (R-Polk City) was heard by the House Ways & Means Committee and was reported favorably with 21 yeas and 0 nays. AIF stood in support of this legislation.

In 2021, the legislature passed a law that mandates pole access by local municipal utilities to broadband providers for a fee of one dollar, per pole, per year. The goal of this measure was to broaden rural Florida’s access to high-speed internet. However, the 2021 law included a provision that would do away with pole access for broadband providers on July 1, 2024. HB 1147 extends this deadline until December 31, 2028.

HB 1147 will now go to the House Commerce Committee for consideration.

The Senate companion, SB 1218 by Senator Danny Burgess (R-Zephyrhills) was heard by the Senate Commerce and Tourism Committee on January 23 and passed. The bill awaits further consideration by the Senate Rules Committee.

AIF supports the expansion of broadband services to all Floridians and supports legislation that seeks to promote that goal.

HB 179 – Towing & Storage

On Thursday, February 1, HB 179 by Representative Lauren Melo (R-Fort Meade) was heard by the House Civil Justice Subcommittee and was reported favorably with 16 yeas and 1 nay. AIF stood in support of this legislation.

HB 179 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.

HB 179 will now go to the House Infrastructure Strategies committee for consideration.

The Senate companion, SB 774 by Senator Keith Perry (R-Gainesville) will be heard by the Senate Community Affairs Committee on Tuesday, February 6.

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.