AIF TOP PRIORITY ISSUE
HB 947 – Evidence of Damages to Prove Medical Expenses in Personal Injury or Wrongful Death Actions

On Thursday, April 17, HB 947 by Representative Omar Blanco (R-Miami) which included a proposed committee substitute (PCS) that added language from HB 585, Former Phosphate Mining Lands by Representative Jon Albert and HB 1551 by Representative Hillary Cassel (R- Broward) to the original language of HB 947. The bill was heard by the House Judiciary Committee and was reported favorably. Representatives Shane Abbott (R-DeFuniak Springs), Rachel Plakon (R-Lake Mary), Patt Maney (R-Shalimar), and Tom Fabricio (R-Miami Lakes) voted against the bill. AIF engaged an expert in medical damages to speak in opposition to this legislation.

HB 947 repeals portions of the 2023 legislation that makes claimant damages and past medicals transparent and fully available to a jury in civil trials relating to personal injury and wrongful death claims. Prior to the 2023 reforms, a common practice by plaintiff’s attorneys were to inflate the total cost of damages by using a “letter of protection” that often-multiplied damages upwards of 300 percent. These disputes produced a flurry of frivolous litigation and massive nuclear verdicts (verdicts over $20 million) based on evidence that was dramatically inflated against the consistent market-price of medical procedures. HB 947 would remove the ability for a jury to see the real cost of damages compared to other examples of similar medical expenses.

The PCS included language from HB 1551, Attorney Fee Awards in Insurance Actions by Representative Hillary Cassel (R-Dania Beach). This language will undo pieces from the 2022/23 tort reforms that will essentially allow one way attorney fees back into Florida. 

AIF also spoke to the portion of the PCS that was formerly language from HB 585, Former Phosphate Mining Lands by Representative Jon Albert (R-Frostproof). While AIF strongly supports this language that protects landowners from strict-liability claims on land previously used for mining phosphate, we expressed disappointment that this language was added to two other pieces of legislation that would lead to higher insurance rates and more nuclear verdicts. 

HB 947 will now go to the House Floor for consideration.

AIF opposes legislation that repeals transparency in damages in civil actions and any other legislation that undoes previous reforms that have been working. Such reforms would open the floodgates for frivolous litigation and nuclear verdicts leading to higher prices of insurance for businesses operating in Florida. Florida should look for ways to entice insurers to form or expand in this state, not turn companies away with inconsistent law changes that would negatively affect them.

SB 1574 – Energy Infrastructure Investment

On Tuesday, April 15, SB 1574 by Senator Nick DiCeglie (R-Indian Rocks Beach) was heard by the Senate Appropriations Committee on Agriculture, Environment, and General Government and was reported favorably. 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 1574 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 1574 will now go to the Senate Fiscal Policy Committee 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.

SB 818 – Utility Relocation

On Wednesday, April 16, SB 818 by Senator Stan McClain (R-Ocala) was heard by the Senate Rules Committee and was reported favorably with 23 yeas and 0 nays. AIF stood in support of this legislation.

This bill modifies the process of relocating utility facilities on a public right of way. It helps to ease some scheduling pressure that certain utilities may have in the relocation process as well as shifts the cost burden from the utility owner to the owner of the right of way that is requiring the relocation. These expenses often add up when developments, road projects, and other local structures require broadband facilities to be moved. As Florida becomes increasingly more developed, these relocations will become ever more frequent.

SB 818 will now go to the Senate Floor for consideration.

AIF supports initiatives that ease burdens for utility providers who are forced to move facilities from a right of way by local governments.

SB 1002 – Utility Service Restrictions

On Wednesday, April 16, SB 1002 by Senator Keith Truenow (R-Tavares) was read for a second time on the Senate Floor and was temporarily postponed.

SB 1002 preempts local governments from enacting restrictions against how the source of energy is produced, used, delivered, converted or supplied by utility providers. The bill has several housekeeping provisions that eliminates any current local ordinance conflicting with the proposed preemption.

SB 1002 awaits further action on the Senate Floor.

AIF supports legislation that relieves tensions between utility providers and local governments that impose restrictions against different energy sources.

HB 1386 – Utility Worker Protection

On Thursday, April 17, SB 1386 by Senator Clay Yarborough (R-Tallahassee) was heard by the Senate Fiscal Policy Committee and was reported favorably. AIF stood in support of this legislation.

SB 1386 increases penalties against individuals who commit acts of violence against utility workers while on duty. The bill rephrases statutory definitions of “utility workers” that require such individuals to wear appropriate gear that clearly identifies them as an employee of a utility provider.

SB 1386 will now go to the Senate Floor for consideration.

AIF supports legislation that stiffens criminal penalties against those who commit acts of violence against utility workers working on critical infrastructure.

SB 1822 – Waste Management

On Wednesday, April 16, SB 1822 by Senator Jonathan Martin (R-Fort Myers) was heard by the Senate Rules Committee and was reported favorably with 16 yeas and 6 nays. AIF stood in support of this legislation.

SB 1822 establishes a preemption on local governments who currently have the ability to regulate auxiliary containers. The bill adds definitions that clarify auxiliary containers as “reusable or single-use bag, cup, bottle, can, or other packaging that is made of cloth, paper, plastic, and other frequently recycled materials. The definitions also include materials used for food consumption or delivery by a restaurant or retailer.

AIF stood in support of an amendment that focuses enforcement of the auxiliary containers to the Florida Department of Environmental Protection (FDEP) and grants local governments the ability to pass ordinances that relate strictly to auxiliary container usage on beaches.

AIF supports legislation that unifies regulatory measures to a uniform standard that applies to all of Florida’s 67 counties. These measures will ease compliance difficulties on Florida businesses and consumers.

HB 433 – Administrative Procedures

On Thursday, April 17, HB 433 by Representative Toby Overdorf (R-Palm City) was heard and amended by the House State Affairs Committee and was reported favorably. AIF stood in support of an amendment to this legislation.

HB 433 revises Florida’s administrative code and updates timelines and process for public hearings and how information may be incorporated by reference in agency rules. The amendment creates a process for agencies to perform review of existing rules and provide reports to legislature on applicability and specific statutory authority and balances the consistency and predictability needed to conduct business in Florida while also ensuring agencies are adopting and implementing rules consistent with their specific statutory authority.

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

AIF supports legislation that reduces administrative patchwork within state agencies and local authorities and provides transparency on administrative actions from those entities.

HB 1535 – Emergencies

On Thursday, April 17, HB 1535 by Representative Fiona McFarland (R-Sarasota) was heard by the House State Affairs Committee and was reported favorably. AIF stood in support of this legislation.

This bill modifies the way local and county governments may respond to development after emergency declarations. The bill prohibits overly burdensome regulations from being passed after a federal disaster declaration following a hurricane. The goal of the added language in the amended bill is to allow communities to plan and develop in the years after a storm as they see fit without making more restrictive policies directly after a storm event.

HB 1535 will now go to the House Floor for consideration.

AIF supports legislation that clarifies comprehensive plan adjustment timelines after a storm or disaster. Allowing for more time to process and recover before major zoning decisions are made will allow businesses to rebuild and make the best decisions during recovery.

HB 897 & SB 496 – Timeshare Plan Management

On Tuesday, April 15, HB 897 by Representative Kim Berfield (R-Clearwater) was heard by the House Commerce Committee and was reported favorably. AIF stood in support of this legislation.

On Tuesday, April 15, SB 496 by Senator Stan McClain (R-Ocala) was heard by the Senate Appropriations Committee on Agriculture, Environment, and General Government and was reported favorably. AIF stood in support of this legislation.

This bill clarifies the applicability of recently enacted legislation that governs timeshare management firms and community association management companies. The bills narrow the conflict-of-interest language to clarify the regulations to ensure transparency. The bill also clarifies how many times these management firms must meet per year and streamlines the process ensuring regular oversight of these meetings. Finally, the legislation requires annual disclosure of information to stakeholders in the community.

HB 897 will now go to the House Floor for consideration. SB 496 will now go to the Senate Fiscal Policy Committee for consideration. 

AIF supports streamlining and clarifying the community association management companies’ regulations to ensure compliance and growth for Florida’s residents and businesses.

SB 712 – Construction Regulations

On Tuesday, April 15, SB 712 by Senator Erin Grall (R-Vero Beach) was heard by the Appropriations Committee on Agriculture, Environment, and General Government and was reported favorably. AIF spoke in support of a strike-all amendment to this legislation.

SB 712 is a multi-layered deregulation bill that is mostly centered around statutes relating to construction regulations and building permits. The bill has several preemptions for both state and local governments control over building codes and synthetic turf that is certified by the Department of Environmental Protection.

The strike-all amendment supported by AIF adds a regulatory framework for tall mass timber (TMT) into Florida’s building code. TMT is already recognized by the International Building Code and plays a critical role in Florida’s rapidly expanding economy. The framework proposed in this amendment will provide more clarity for developers and improved enforcement via national safety standards.

SB 712 will now go to the Senate Rules Committee for consideration.

AIF supports legislation that reduces inconsistent local regulations on timber framed buildings and opens new channels for development and investment into Florida’s economy.

HB 369 – Provenance of Digital Content

On Tuesday, April 15, HB 369 by Representative Fiona McFarland (R-Sarasota) was heard by the Senate Commerce Committee and was reported favorably.

This bill reworks existing laws that govern online digital content by providing definitions and guidelines related to “provenance data”. As defined in this legislation, provenance data is “information identifying whether some or all of the content has been derived through generative artificial intelligence and, if so, the name of the generative artificial intelligence tool used to generate such content and the organization that developed such tool.” This definition would require businesses to provide notice and origin information on the generative AI that is being used on their platform.

HB 369 will now go to the House Floor for consideration. The Senate companion, SB 702 awaits further consideration by the Senate Ethics & Election committee.

AIF continues to monitor legislation working to change laws related to data provenance and is working to make sure all stakeholders can comply with any new regulations that may be passed into law.

SB 832 – Former Phosphate Mining Lands

On Tuesday, April 15, SB 832 by Senator Danny Burgess (R-Zephyrhills) was read for a third time on the Senate Floor, amended, and passed with 33 yeas and 3 nays.

Phosphate mining is a critical industry in Florida and is essential to providing sufficient fertilizers and agrichemicals for agricultural operations around the globe. SB 832 adds a new, narrow defense against causes of action that come from naturally occurring elements. This ensures that phosphate mining companies that meet all of their environmental permitting duties aren’t held liable for elements that are already in the land.

SB 832 will now go to the Florida House for consideration.

AIF supports legislation that simplifies regulatory patchwork and provides protections against frivolous litigation allowing businesses to buy, sell, and develop land without the threat of unnecessary lawsuits while following the law. These lawsuits impede on developments built on certain reclaimed lands and can costs businesses valuable time and resources fighting these lawsuits.

HB 913 – Condominium Associations

On Tuesday, April 15, HB 913 by Representative Vicki Lopez (R-Miami) was heard by the House Commerce Committee and was reported favorably. AIF stood in support of this legislation.

HB 913 addresses multiple issues that have been ongoing in Florida’s vast condominium communities over recent years. Primarily, the bill focuses on safety guidelines for condominium associations to adhere to following the Surfside condominium collapse in 2021. The bill gives condominium associations more jurisdiction over repairs and structural inspections. Additionally, the language provides clarity on maintenance responsibilities for condominium properties jointly operated with hotels and allows for the development of shared facilities between condominiums and retail businesses.

HB 913 will now go to the House Floor for consideration.

AIF supports legislation that expands Florida’s residential footprint and allows for better management of facilities occupied by businesses and residents.

HB 1219/SB 922 – Employment Agreements

On Tuesday, April 15, HB 1219 by Representative Traci Koster (R-Tampa) was heard by the House Commerce Committee and was reported favorably. AIF stood in support of this legislation.

On Wednesday, April 16, SB 922 by Senator Tom Leek (R-Ormond Beach) was heard by the Senate Rules Committee and was reported favorably. AIF stood in support of this legislation.

In highly competitive business environments, companies are often required to keep innovations and intellectual property developments confidential. HB 1219 strengthens non-compete and confidential employment agreement guidelines by establishing a framework that protects confidential trade secret information. The framework sets new rules for covered garden leave agreements for covered employers and covered employees, as current laws allow for several loopholes that employees can use to contest these agreements through litigation while also working for a competing business.

HB 1219 will now go to the House Floor for consideration. SB 922 will now go to the Senate Floor for consideration.

AIF supports legislation that protects a business’s sensitive information and drives more innovation through clarified rulemaking. These standards will allow more businesses who rely heavily on research & development to invest in Florida and create new jobs in various industry sectors.