HB 473 – Cybersecurity Incident Liability

On Wednesday, February 21, HB 473 by Representative Mike Giallombardo (R-Cape Coral) was heard by the House Judiciary Committee and was reported favorably with 18 yeas and 3 nays. AIF stood in support of this legislation.

HB 473 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.

HB 473 will now go to the House Floor for consideration.

The Senate companion, SB 658 by Senator Nick DiCeglie (R-St. Petersburg) awaits further consideration on the Senate Floor.

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 720 – Asbestos and Silica Claims

On Wednesday, February 21, SB 720 by Senator Travis Hutson (R-Palm Coast) was heard by the Senate Rules Committee and was reported favorably with 12 yeas and 5 nays. AIF stood in support of this legislation.

SB 720 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.

SB 720 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.

SB 720 will now go to the Senate Floor for consideration.

The House companion, HB 1367 by Representative Robbie Brackett (R-Vero Beach) will be presented on the House Floor on Tuesday, February 27.

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.

SB 742 – Public Works Projects

On Wednesday, February 21, SB 742 by Senator Erin Grall (R-Vero Beach) 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 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 Floor for consideration.

The House companion, HB 705 by Representative Jason Shoaf (R-Port St. Joe) will be presented on the House Floor on Tuesday, February 27.

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

SB 814 – Easements Affecting Real Property Owned by the Same Owner

On Wednesday, February 21, SB 814 by Senator Clay Yarborough (R-Jacksonville) was heard by the Senate Rules Committee and was reported favorably with 15 yeas and 2 nays. AIF stood in support of an amendment to this legislation.

The amendment defines controlling interest as it pertains to land ownership and ensures that investments that may contain a portion of a non-controlling foreign interest may be utilized.

SB 814 will now go to the Senate Floor for consideration.

The House companion, HB 799 by Representative Will Robinson (R-Bradenton) awaits further consideration on the House Floor.

AIF supports measures that allow for flexibility in capital investment that allow Florida businesses to grow and thrive.

HB 1147 – Broadband

On Thursday, February 22, HB 1147 by Representative Josie Tomkow (R-Polk City) was read for a third time on the Senate Floor and was passed with 36 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 Governor for approval.

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

SB 7040 - Ratification of the Department of Environmental Protection’s Rules Relating to Stormwater

On Thursday, February 22, SB 7040 by Senator Debbie Mayfield (R-Melbourne) and the Senate Environment and Resources Committee was read for a third time on the Senate Floor and was reported favorably with 37 yeas and 0 nays.

In 2021, the Florida Legislature directed DEP to begin rulemaking on stormwater management’s design and operations throughout the state. This rule sets standards for reducing pollution from stormwater runoff and DEP estimates that it will increase the cost of development by more than $2,600 per acre.

SB 7040 will now go to the Florida House for consideration.

As originally drafted, there was concern that the permit application process in the rule could result in protracted delays in receiving permits. AIF worked with DEP and legislative leaders to craft clarifying language that provides a significant amount of certainty in the process.

HB 1073 – Mitigation

On Thursday, February 22, HB 1073 by Representative Keith Truenow (R-Tavares) was heard by the House Infrastructure Strategies Committee and was reported favorably with 22 yeas and 0 nays. AIF stood in support of this legislation. 

HB 1073 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.

HB 1073 will now go to the House Floor for consideration.

The Senate companion, SB 1532 by Senator Jason Brodeur (R-Sanford) awaits further consideration on the Senate Floor.

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.

HB 1099 – Food Delivery Platforms

On Thursday, February 22, HB 1099 by Representative Lauren Melo (R-Naples) was heard by the House Commerce Committee and was reported favorably with 18 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 consumer themselves.

HB 1099 will now go to the House Floor for consideration.

The Senate companion, SB 676 by Senator Jennifer Bradley (R-Flemming Island) awaits further consideration on the Senate Floor.

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

HB 1021 – Community Associations

On Thursday, February 22, HB 1021 by Representative Vicki Lopez (R-Miami) was heard, amended, and reported favorably by the House Commerce Committee with 16 yeas and 0 nays. AIF stood in support of an amendment to this legislation.

HB 1021 reworks several current provisions in Florida law that govern neighborhood community associations and how they are managed. The amendment AIF supported adds language to set new disclosure requirements for the creation of condominium space in buildings with multiple units. These requirements require a building association to be notified of what section of the building is going to be new condominium space and who is responsible for the maintenance and upkeep for “shared facilities” in the building. This allows for clearly defined roles and allows for consistency in how shared spaces between businesses and condominium owners operate.

SB 1021 will now go to the House Floor for consideration.

The Senate companion, SB 1178 by Senator Jennifer Bradley (R-Flemming Island) will be heard by the Senate Fiscal Policy Committee on Tuesday, February 27.

AIF supports legislation that provides clarity and consistency in the relationship between businesses and owners of condominiums.

HB 433 – Employment Regulations

On Thursday, February 22, HB 433 by Representative Tiffany Esposito (R-Fort Myers) was heard by the House Commerce Committee and was reported favorably with 14 yeas and 3 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 enacted ordinances that require businesses to pay mandated wage rates higher than the minimum wage and meet other employment requirements. HB 433 promotes free market principles and ensures consistency by only recognizing the constitutionally mandated state minimum wage.

HB 433 will now go to the House Floor for consideration.

The Senate companion, SB 1492 by Senator Jay Trumbull (R-Panama City) will be heard by the Senate Rules Committee on Monday, February 26.

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.

HB 1289 – Verification of Reemployment Assistance Benefit Eligibility

On Thursday, February 22, HB 1289 by Representative Shane Abbott (R-DeFuniak Springs) was heard by the House Commerce Committee and was reported favorably with 10 yeas and 6 nays. AIF stood in support of this legislation.

HB 1289 adds guidelines to the existing standards for individuals seeking unemployment assistance. The bill would disqualify an individual who does not take significant steps towards obtaining employment. Under this bill, an individual, unless given special exemption for medical or other barriers outside of their control, would be disqualified from receiving unemployment assistance for the following:

• Failure to contact at least 5 employers for job opportunities in a week.
• Failure to appear on three or more occasions for a scheduled job interview.
• Failure to accept a job offer within 2 business days of receiving one.
• Failure to return to a previous job if recalled by the former employer.

AIF supports legislation that sets clear guidelines for individuals to follow when seeking unemployment assistance. Florida employers are still dealing with increased workforce shortages; these measures will help more individuals gain employment while alleviating the stalled talent pipeline facing Florida businesses.

SB 7074/HB 7073 – Taxation

On Tuesday, February 20, SB 7074, a Proposed Committee Bill by the Senate Finance & Tax Committee was heard by the Senate Finance & Tax Committee and was reported favorably with 6 yeas and 0 nays.

Also on Tuesday, February 20, HB 7073, a Proposed Committee Bill by Representative Stan McClain (R-Ocala) and the House Ways & Means Committee was heard by the House Appropriations Committee and was reported favorably with 25 yeas and 4 nays.

The 2024 legislative tax package includes a myriad of tax cuts and relief ranging from sales tax holidays, changes to the current property tax rates, business rent tax, corporate income tax, etc. Below are some of the provisions in each bill that AIF is currently monitoring. Although similar, both the House and Senate versions have several significant differences that are highlighted below.

SB 7074

• Provides for “Sales Tax Holiday’s” for back-to-school, disaster preparedness, and recreational items between specified times.
• Increases ad valorem tax credits for facilities used for the capture, refinement, and production of organic biogas.
• Allows qualified railroads to apply for credit against corporate income tax at the conclusion of the tax year.
• Allows for the inclusion of companies who hire persons with disabilities to qualify for corporate income tax credits.
• Provides a 1-year exemption for flood insurance properties from the premium tax
• Requires insurer to provide a property insurance policyholder with a credit equal to 1.75 percent of the net premium due. This applies to policies that are valued at $750,000 or less.

HB 7073

• Reduces business rent tax to 1.25% from July 1, 2024 – June 30, 2025.
• Provides for “Sales Tax Holiday’s” for back-to-school, disaster preparedness, and recreational items between specified times.
• Allows for the inclusion of companies who hire persons with disabilities to qualify for corporate income tax credits.
• Increases ad valorem tax credits for facilities used for the capture, refinement, and production of organic biogas.

SB 7074 will be heard by the Senate Appropriations Committee on Tuesday, February 27.

HB 7073 will now go to the House Floor for consideration.

AIF is monitoring the negotiations of the House and Senate bills and will provide updates as the process moves forward when both chambers work out the details and come to an agreement. The major difference between the House and Senate versions are the changes to the insurance premium tax (Senate bill) and the business rent tax reduction (House bill).

HB 275 – Offenses Involving Critical Infrastructure

On Thursday, February 22, HB 275 by Representative Jennifer Canady (R-Lakeland) was read for a third time on the House Floor and was passed with 110 yeas and 5 nays.

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 Florida Senate for consideration.

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

HB 7076 – Transportation Network Companies

On Tuesday, February 20, SB 7076 by Senator Blaise Ingoglia (R-Spring Hill) and the Senate Finance and Tax Committee, was heard by the Senate Finance and Tax Committee and was reported favorably with 5 yeas and 0 nays. AIF stood in support of this legislation.

SB 7076 reworks a law passed in 2017 that defined transportation network companies (TNC’s) in Florida law and set a robust regulatory framework for TNC’s to follow. A TNC is defined as “an entity that uses a digital network to connect a rider to a TNC driver, who provides prearranged rides.” Since the implementation of this law, there has been a situation where one airport set significantly higher per-trip pickup fees for TNC’s.

SB 7076 ensures that all airports are to charge the same fees by prohibiting them from charging a pickup fee before the time the passenger enters the vehicle. In no case would the bill allow a fee to be greater than the lowest pickup fee charged to a taxicab company operating in the airport’s jurisdiction.

SB 7076 will now go to the Senate Floor for consideration.

AIF supports legislation that provides for regulatory certainty and consistency in competitive markets.

SB 774 – Towing & Storage

On Wednesday, February 21, SB 774 by Senator Keith Perry (R-Gainesville) was heard by the Senate Rules Committee and was reported favorably with 14 yeas and 2 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 Floor for consideration.

The House companion, HB 179 by Representative Melony Bell (R-Fort Meade) will be presented on the House Floor on Tuesday, February 27.

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 1082/HB 1051 - Housing for Agricultural Workers

On Wednesday, February 21, SB 1082 by Senator Jay Collins (R-Tampa) was heard by the Senate Rules Committee and was reported favorably with 17 yeas and 0 nays. AIF stood in support of this legislation.

On Thursday, February 22, HB 1051 by Representative Kaylee Tuck (R-Lake Placid) was heard by the House Infrastructure Strategies Committee and was reported favorably with 21 yeas and 0 nays. AIF stood in support of this legislation.

This bill addresses several housing issues that directly impact agricultural operations in the state. The bill would make it unlawful for a local government to inhibit the construction or installment of housing for H-2A program workers.

SB 1082 will now go to the Senate Floor for consideration.

HB 1051 will now go to the House Floor for consideration.

AIF supports legislation that provides protections for farmers against authoritative local governments that impose regulations that are overbearing and impede the functionality of agricultural producers.

SB 480 – Energy Infrastructure Investment

On Wednesday, February 21, SB 480 by Senator Nick DiCeglie (R-St. Petersburg) was read a third time on the Senate Floor and passed with 35 yeas and 2 nays.

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 Florida House for consideration.

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.