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Daily Legislative Brief from April 25, 2017

Legal & Judicial

SB 1398-Relating to Accessibility of Places of Public Accommodation
On Tuesday, April 25th, SB 1398, by Senator Linda Stewart (R-Orlando), was heard before the Senate Committee on Appropriations and passed unanimously by a vote of 18 yeas to 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

Congress enacted the Americans with Disabilities Act (ADA) in 1990 prohibiting discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. One of the goals of the ADA is to guarantee that individuals with disabilities are offered full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations offered by a place of public accommodation.

However, individuals with disabilities may sue places of public accommodation including private businesses for alleged violations of the ADA, a problem that is currently rampant throughout the state.

The bill would:

  • Create a license type for ADA experts;
  • Require the Department of Business and Professional Regulation (DBPR) to establish licensing requirements and regulation for ADA experts;  
  • Allow ADA experts to determine if the businesses are compliant with the ADA;  
  • Allow businesses to hire ADA experts and file ADA expert reports with DBPR;
  • Allow businesses to file remediation plans with DBPR if they are not in compliance with the ADA;
  • Require DBPR to establish a public website with a registry of remediation plans and certifications of conformity; and
  • Require courts to consider remediation plans to determine if a plaintiff filed a claim in good faith and whether the plaintiff is entitled to attorney’s fees in lawsuits involving alleged violations of the ADA.


SB 1398 will go on to the Senate floor for consideration.

AIF SUPPORTS legislation that makes filing frivolous lawsuits against Florida’s businesses more difficult to accomplish.

 

SB 832-Relating to Drones 
On Tuesday, April 25th, SB 832, by Senator Dana Young (R-Tampa) was heard in Senate Committee on Rules and passed. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

This bill will ensure a consistent framework for the use of drones. As the use of drones becomes increasingly more common in many different sectors of the business community throughout the state, implementing statewide regulations will establish safeguards while operating drones.

SB 832 will go to the Senate Committee on Rules to be heard.

AIF SUPPORTS legislation that will streamline business regulation throughout the state.

 

SB 1678-Relating to Motor Vehicle Dealers
On Tuesday, April 25th, SB 1678 , by Senator Rene Garcia (Hialeah), was heard before the Senate Committee on Rules and passed. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in opposition to this bill.

The bill provides additional grounds to deny, suspend, or revoke a license held by a motor vehicle manufacturer, factory branch, distributor, or importer (“manufacturer”) within their contractual agreement. The bill prohibits manufacturers from taking certain actions against motor vehicle dealers and requires certain procedures be followed by the manufacturer when dealing with motor vehicle dealers.

SB 1678 will move on to the Senate floor for consideration.

AIF OPPOSES legislation that would intervene in any contractual agreement between a dealer franchise and an auto manufacturer, voluntarily entered by each party, and dictate new terms and conditions of such mutual agreement that favor one party over the other.

Education

SB 668-Relating to Postsecondary Distance Education 
On Tuesday, April 25th, SB 668, by Senator Aaron Bean (R-Jacksonville), was heard by Senate Committee on Appropriations and passed unanimously by a vote of 15 yeas to 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

This legislation seeks to authorize Florida’s participation in the State Authorization Reciprocity Agreement known as “SARA” created by the Southern Regional Education Board and the National Council on State Authorization Reciprocity Agreements. This would allow for Florida’s postsecondary institutions to voluntarily participate in what is a multi-state reciprocity agreement allowing them to offer online education without excessive fees and regulatory compliance processes.  This reciprocity offers student’s greater access to more distance education, enhances oversight of distance education offerings to Florida students by another state, and expands experiential learning opportunities across state lines.  Not only is this good for students but it also helps lessen the burden on Florida businesses and taxpayers to fund construction and facility costs.

SB 668 will move on to the Senate floor for consideration.

AIF SUPPORTS our State Universities and our Independent Colleges and Universities’ continued efforts to address the growing challenges that comes with increased enrollment, which in turn increases the workforce throughout Florida.

Insurance

SB 1008-Relating to Public Records/Injured or Deceased Employee/Department of Financial Services
On Tuesday, April 25th, SB 1008, by Senator Keith Perry (R-Gainesville) was heard before the Senate Committee on Rules and passed. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

This bill would exempt private and personal identifying information of an injured worker or deceased employee from public record. Currently, this information is open to the public and often times injured workers are inundated with outreach from attorneys wanting to take on their cases immediately after filing their claim.

SB 1008 will now go to the Senate floor to be considered.

AIF SUPPORTS protecting the private information of injured or deceased employees.