Weekly Update from March 1, 2024

The Legislature was full speed ahead during the second-to-final week of the 2024 legislative session. As the 50th day deadline was reached on Tuesday, February 27, Senate rules declare that no committees, except for the Senate Rules Committee, can meet after the 50th day of session. This allowed for all-day sessions on the House and Senate Floor’s and numerous bills to be heard, amended, and passed. The process of bills moving back and forth between the House and Senate for either chamber’s approval is rapidly picking up speed. In committee, AIF was proud to stand in support of SB 1492, a bill that repeals a local government’s control over workplace heat exposures, in the Senate Rules Committee on Monday, February 26. Additionally, AIF stood in support of SB 1178, a bill relating to community associations on Tuesday, February 27, in the Senate Fiscal Policy Committee.

The AIF Advocacy Team was busy this week as many AIF-priority bills began the process of being placed on final passage on the House and Senate Floor’s. Several of which relate to local government controls over workplace regulations and public works projects. HB 433, the companion bill of SB 1492, was passed by the House and has been sent to the Senate. HB 705, a bill that preempts local governments from awarding public works contracts based on wage rates of the applicant, was also passed by the House and sent to the Senate. The Senate also passed SB 7076, a bill that preempts airport authorities from charging higher rates for rideshare companies than for taxicab services.

This week also yielded more wins for civil and criminal justice reform. HB 275 and SB 340, a bill that provides for more penalties for those seeking to trespass or commit acts of vandalism in areas designated as “critical infrastructure,” was passed by the Senate and sent to the Governor. AIF is grateful to Representative Jennifer Canady and Senator Clay Yarborough for their exceptional work on this issue. As for civil justice, Representative Giallombardo’s cybersecurity incident liability bill, HB 473, was passed by the House and sent to the Senate. HB 473 creates an established framework of guidelines for technology companies, and other businesses that use consumer data, to follow so they can better protect consumers from cyberattacks and be shielded from frivolous litigation if all guidelines are adhered to.

In addition to the legislation mentioned above, AIF was supportive of several bills that moved forward through the process this week. For more information, please see below!
EMPLOYMENT

SB 1492/HB 433 – Employment Regulations

On Monday, February 26, SB 1492 by Senator Jay Trumbull (R-Panama City) was heard by the Senate Rules Committee and was reported favorably with 14 yeas and 5 nays. AIF stood in support of this legislation.

On Friday, March 1, HB 433 by Representative Tiffany Esposito (R-Fort Myers) was read for a third time on the House Floor and passed with 79 yeas and 33 nays.

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. The Senate companion, SB 1492, does not include the provision relating to minimum wage.

HB 433 will now go to the Florida Senate for consideration and is expected to be considered early next week.

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.

GENERAL GOVERNMENT

HB 705 – Public Works Projects

On Wednesday, February 28, HB 705 by Representative Jason Shoaf (R-Port St. Joe) was read for a third time on the House Floor and was passed with 80 yeas and 32 nays.

HB 705 ensures that public works projects that use local funds may not require contractors to 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 Florida Senate for consideration.

On Friday, March 1, HB 705 and the Senate companion, SB 742 by Senator Erin Grall (R-Vero Beach) was temporarily postponed on second reading on the Senate Floor and is expected to be placed on final passage early next week.

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

CIVIL JUSTICE

HB 473 – Cybersecurity Incident Liability

On Friday, March 1, HB 473 by Representative Mike Giallombardo (R-Cape Coral) was read for a third time and passed with 81 yeas and 28 nays.

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 Florida Senate for consideration.

The Senate companion, SB 658 by Senator Nick DiCeglie (R-St. Petersburg) has passed all committees of reference and 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 & Silica Claims

On Friday, March 1, SB 720 by Senator Travis Hutson (R-Palm Coast) was placed on second reading on the Senate Floor.

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 be read for a third time on the Senate Floor on Monday, March 4.

The House companion, HB 1367 by Representative Robbie Brackett (R-Vero Beach) has passed all committees of reference and awaits further consideration on the House Floor.

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.

BUSINESS REGULATION

SB 1178/HB 1021 – Community Associations

On Tuesday, February 27, SB 1178 by Senator Jennifer Bradley (R-Flemming Island) was heard by the Senate Fiscal Policy Committee and was reported favorably with 19 yeas and 0 nays. AIF stood in support of an amendment to this legislation.

On Friday, March 1, HB 1021 by Representative Vicki Lopez (R-Miami) was read for a third time on the House Floor and passed with 111 yeas and 0 nays.

This bill reworks several current provisions in Florida law that govern neighborhood community associations and how they are managed. The amendment AIF supported on Tuesday to SB 1178 aligns the Senate language to the House language to include 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 1178 will now go to the Senate Floor for consideration.

HB 1021 will now go to the Florida Senate for consideration.

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

 

SB 676 – Food Delivery Platforms

On Thursday, February 29, SB 676 by Senator Jennifer Bradley (R-Flemming Island) was read for a third time on the Senate Floor and passed with 39 yeas and 0 nays.

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 consumers themselves.

SB 676 will now go to the Florida House for consideration.

The House companion, HB 1099 by Representative Lauren Melo (R-Naples) has passed all committees of reference and awaits further consideration on the House Floor.

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

ENVIRONMENT

SB 738 – Environmental Management

On Thursday, February 29, SB 738 by Senator Danny Burgess (R-Zephyrhills) was read for a third time on the Senate Floor and passed with 26 yeas and 7 nays.

SB 738 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 will now go to the Florida House for consideration.

The House companion, HB 789 by Representative Toby Overdorf (R-Palm City) has passed all committees of reference and awaits further consideration on the House Floor.

AIF supports legislation that simplifies regulatory patchwork and provides protections against frivolous litigation.

 

SB 1532 – Mitigation

On Wednesday, February 28, SB 1532 by Senator Jason Brodeur (R-Sanford) was read for a third time on the Senate Floor and was passed with 39 yeas and 0 nays.

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 Florida House for consideration.

The House companion, HB 1073 by Representative Keith Truenow (R-Tavares) has passed all committees of reference and awaits further consideration on the House 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.

LEGAL & JUDICIAL

HB 275/SB 340 – Offenses Involving Critical Infrastructure

On Wednesday, February 28, HB 275/SB 340 by Representative Jennifer Canady (R-Lakeland) and Senator Clay Yarborough was read for a third time on the Senate Floor and was passed with 39 yeas and 0 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/SB 340 will now go to the Governor for approval.

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

ARTIFICIAL INTELLIGENCE

SB 1680 – Advanced Technology

On Wednesday, February 28, SB 1680 by Senator Jennifer Bradley (R-Flemming Island) was read for a third time on the Senate Floor and was passed with 40 yeas and 0 nays.

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 Florida House for consideration.

The House companion, HB 1459 by Representative Fiona McFarland (R-Sarasota) has passed all committees of reference and awaits further consideration on the House Floor.

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.

TRANSPORTATION

SB 7076 – Transportation Network Companies

On Tuesday, February 27, SB 7076 by the Senate Finance and Tax Committee was heard by the Senate Appropriations Committee and was reported favorably with 15 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.

 

HB 179/SB 774 – Towing & Storage

On Wednesday, February 28, HB 179 by Representative Lauren Melo (R-Fort Meade) was read for a third time on the House Floor and was passed with 115 yeas and 0 nays.

On Friday, March 1, SB 774 by Senator Keith Perry (R-Gainesville) was temporarily postponed on second reading on the Senate Floor.

This bill 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 was received in Senate messages.

SB 774 is expected to be heard on the Senate Floor next week.

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.

AGRICULTURE

HB 1051/SB 1082 – Housing for Agricultural Workers

On Thursday, February 29, HB 1051 by Representative Kaylee Tuck (R-Lake Placid) was temporarily postponed on second reading on the House Floor.

Also on Thursday, February 29, SB 1082 by Senator Jay Collins (R-Tampa) was read for a third time on the Senate Floor and was passed with 34 yeas and 0 nays.

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.

HB 1051 is expected to be placed on second reading next week.

SB 1082 will now go to the Florida House 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.