Daily Legislative Brief from February 29 2024

CIVIL JUSTICE

HB 473 – Cybersecurity Incident Liability

On Thursday, February 29, HB 473 by Representative Mike Giallombardo (R-Cape Coral) was read for a second time on the House Floor and placed on third reading.

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 be read for a third time on Friday, March 1.

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.

EMPLOYMENT

HB 433 – Employment Regulations

On Thursday, February 29, HB 433 by Representative Tiffany Esposito (R-Fort Myers) was read for a second time on the House Floor and placed on third reading.

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 be read a for third time on Friday, March 1.

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.

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.

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.

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

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

AGRICULTURE

HB 1051 – 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.

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 heard on second reading on Friday, March 1.

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.

BUSINESS REGULATION

HB 1021 – Community Associations

On Thursday, February 29 HB 1021 by Representative Vicki Lopez (R-Miami) was read for a second time on the House Floor and placed on third reading.

HB 1021 reworks several current provisions in Florida law that govern neighborhood community associations and how they are managed. The bill provides 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.

HB 1021 will be read for a third time on Friday, March 1.

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.

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