T-minus twenty-one days until Sine Die 2024 and the legislature was extremely busy this week as dozens of bills were rushed through their final committee stops and onto the floor. Both the House and Senate held several “marathon” committee hearings where as many as 30 or more bills were heard over a several-hour period. These hearings paved the way for stalled bills to get to the floor before time runs out.
The AIF Advocacy Team was monitoring, speaking in support of, and working on several of the bills passed in committee and on the floor this week. AIF is proud to have supported legislation that provided for much-needed civil justice reform in the areas of cybersecurity, environmental regulation, asbestos claims, and employment regulations. Thanks to the extraordinary leadership of Senate President Passidomo and Speaker Renner, Florida is once again leading the nation on common sense tort reform initiatives that promotes investment and growth in Florda’s rapidly expanding economy.
AIF also supported a bill that would create a “Government Technology Modernization Council” to oversee the rollout of artificial intelligence in Florida’s economy and government. Last week, AIF announced a new AI Coalition for the Future of Artificial Intelligence that will bring industry leaders and associations together to better educate policymakers on the positive attributes of AI in business.
In addition to the bills mentioned above, please see the information below on AIF’s work throughout the week on items AIF supports for their pro-business intentions.
AIF VP of Governmental Affairs, Adam Basford, gives remarks to the Senate Fiscal Policy Committee on SB 738, a bill relating to Environmental Management.
CIVIL JUSTICE
SB 658 – Cybersecurity Incident Liability
On Wednesday, February 14, SB 658 by Senator Nick DiCeglie (R-St. Petersburg) was heard by the Senate Rules Committee and was reported favorably with 11 yeas and 5 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. 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 Floor for consideration.
The House companion, HB 473 by Representative Mike Giallombardo (R-Cape Coral) 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 Wednesday, February 14, HB 1367 by Representative Robbie Brackett (R-Vero Beach) was heard by the House Judiciary Committee and was reported favorably with 15 yeas and 6 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 Floor for consideration.
The Senate companion, SB 720 by Senator Travis Hutson (R-Palm Coast) will be heard by the Senate Rules Committee on Wednesday, February 21.
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.
ENVIRONMENT
HB 789/SB 738 – Environmental Management
On Thursday, February 15, HB 789 by Representative Toby Overdorf (R-Palm City) was heard by the House Infrastructure Strategies Committee and was reported favorably with 16 yeas and 7 nays. AIF stood in support of this legislation.
Also on Thursday, February 15, SB 738 by Senator Danny Burgess (R- Zephyrhills) was heard by the Senate Fiscal Policy Committee and was reported favorably with 13 yeas and 3 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.
HB 789 will now go to the House Floor for consideration.
SB 738 will now go to the Senate Floor for consideration.
AIF supports legislation that simplifies regulatory patchwork and provides protections against frivolous litigation.
Representative Toby Overdorf's closing remarks on HB 789.
SB 1532 – Mitigation
On Wednesday, February 14, SB 1532 by Senator Jason Brodeur (R-Sanford) was heard by the Senate Rules Committee and was reported favorably with 17 yeas and 0 nays. AIF stood in support of this legislation.
SB 1532 addresses the unavailability of wetland mitigation bank credits by allowing mitigation banking on public lands when no mitigation bank credits are available. The bill also expands the availability of water quality enhancement areas to private sector end-users. Current law only allows public entities with such access. By doing so, this legislation would add additional tools in the mitigation and compliance “toolbox” for Florida business.
SB 1532 will now go to the Senate Floor for consideration.
The House companion, HB 1073 by Representative Keith Truenow (R-Tavares) awaits further consideration by the House Infrastructure Strategies Committee.
AIF supports legislation that expands private-sector involvement in water quality mitigation projects. These measures would allow businesses to operate effectively while working alongside regulators on lands/waterways categorized as mitigation banks.
ARTIFICIAL INTELLIGENCE
SB 1680 – Advanced Technology
On Wednesday, February 14, SB 1680 by Senator Jennifer Bradley (R-Flemming Island) was heard by the Senate Rules Committee and was reported favorably with 18 yeas and 0 nays. AIF stood in support of this legislation.
SB 1680 creates a new “Government Technology Modernization Council.” This council, composed of executive branch agency heads, along with members appointed by the Governor, Senate President, and Speaker of the House will oversee and advise the Governor and the Legislature on Florida’s rollout of AI in state government and the private sector. SB 1680 also establishes criminal penalties for using AI platforms for the creation or possession of “generated child pornography.” Such penalties include up to 5 years in prison and a $5,000 fine.
SB 1680 will now go to the Senate Floor for consideration.
HB 1459 is the companion bill and is currently in the Judiciary Committee. While similar, HB 1459 contains some additional transparency and disclosure requirements that are of concern to AIF. We will continue to work on these bills and would prefer to see the Senate bill pass.
AIF supports the increased dialogue at the state level about the beneficial elements of AI and how it can have a positive impact on Florida businesses. While creating proper boundaries and guidelines surrounding AI is important, it is also vital that the beneficial uses and innovation created by the proper use of AI are not unnecessarily stifled.
Please visit our website for more information about AIF’s work on AI.
EMPLOYMENT
HB 433 – Employment Regulations
On Wednesday, February 14, HB 433 by Representative Tiffany Esposito (R-Fort Myers) 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 433 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.
Some local governments have also been setting their own minimum wage standards. HB 433 ensures consistency by only recognizing the constitutionally mandated state minimum wage.
HB 433 will now go to the House Commerce Committee for consideration.
The Senate companion, SB 1492 by Senator Jay Trumbull (R-Panama City) awaits further consideration by the Senate Rules Committee.
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.
LEGAL & JUDICIAL
HB 275/SB 340 – Intentional Damage to Critical Infrastructure
On Wednesday, February 14, HB 275 by Representative Jennifer Canady (R-Lakeland) was heard by the House Judiciary Committee and was reported favorably with 21 yeas and 0 nays. AIF stood in support of this legislation.
On Thursday, February 15, SB 340 by Senator Clay Yarborough (R-Jacksonville) was heard by the Senate Fiscal Policy Committee and was reported favorably with 16 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.
HB 275 will now go to the House Floor for consideration.
SB 340 will now go to the Senate Floor for consideration.
AIF supports legislation that deters vandalism, theft, or any form of criminal activity in or around areas of critical infrastructure.
ECONOMIC DEVELOPMENT
HB 1147 – Broadband
On Thursday, February 15, HB 1147 by Representative Josie Tomkow (R- Polk City) was placed on final passage on the House Floor and was passed with 119 yeas and 0 nays.
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 Florida Senate for consideration.
AIF supports the expansion of broadband services to all Floridians and supports legislation that seeks to promote that goal.
ENERGY
SB 480 – Energy Infrastructure Investment
On Thursday, February 15, SB 480 by Senator Nick DiCeglie (R- St. Petersburg) was heard by the Senate Fiscal Policy Committee and was reported favorably with 16 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. SB 480 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.
SB 480 will now go to the Senate Floor for consideration.
The House companion, SB 683 by Representative Brad Yeager (R-New Port Richey) awaits further consideration by the House Commerce 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.
BUSINESS REGULATION
SB 676 – Food Delivery Platforms
On Thursday, February 15, SB 676 by Senator Jennifer Bradley (R- Flemming Island) was heard by the Senate Fiscal Policy Committee and was reported favorably with 17 yeas and 0 nays. AIF stood in support of this legislation.
SB 676 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 consumer themselves.
SB 676 will now go to the Senate Floor for consideration.
The House companion, HB 1099 by Representative Lauren Melo (R-Naples) awaits further consideration by the House Commerce Committee.
AIF supports streamlining regulations and creating a level regulatory platform that allows businesses to compete fairly.
TRANSPORTATION
HB 179 – Towing & Storage
On Thursday, February 15, HB 179 by Representative Melony Bell (R- Fort Meade) was heard by the House Infrastructure Strategies Committee and was reported favorably with 25 yeas and 0 nays. 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 Floor for consideration.
The Senate companion, SB 774 by Senator Keith Perry (R-Gainesville) will be heard by the Senate Rules Committee on Wednesday, February 21.
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.
