Weekly Legislative Update from March 4, 2016
                                  
                                    Energy
                                      
                                    SB 318- Relating to  Regulation of Oil and Gas Resources
                                    On Tuesday, March 1st, SB 318, relating to Regulation of Oil and Gas  Resources, by Senator  Garrett Richter (R-Naples) was reconsidered by the Senate Appropriations  Committee and was  ultimately withdrawn by the sponsor. As a result, the previous vote of 9 yeas  to 10 nays stands, the bill is reported unfavorably and will not move on in the  process. 
                                    SB 318 makes many  revisions to the Oil and Gas Program (Program) to make this program safer and  more effective for all involved. The Department of Environmental Protection’s  (DEP) Mining and Minerals Regulation Program in the Division of Water Resource  Management (Division) oversees permitting for oil and gas drilling, production,  and exploration within Florida through its Oil and Gas Program. The Program’s  primary responsibilities include conservation of oil and gas resources,  correlative rights protection, maintenance of health and human safety, and  environmental protection.
                                    AIF applauds Senator  Richter’s and Rep. Ray Rodrigues’ valiant efforts to carry this very  controversial legislation. The House companion, HB 191,  was voted out of the House at the end of January and was referred, by the  Senate, to three additional committee hearings. With this action and Session  soon coming to a close, we do not anticipate the House companion moving on in  the process. 
                                                                        AIF supports the need to maintain appropriate  permitting laws to protect the environment, to enhance efficiency between  industry and the state, and to ensure appropriate standards are clearly  communicated.
                                   
                                    Health Care
                                      
                                    SB 1686 & HB 7087-  Relating to Telehealth
                                    As we reported on  Wednesday, March 2nd, HB 7087, relating to telehealth was passed by the Florida House. Then, on  March 3rd, the Florida Senate took up HB 7087 in lieu of its Senate  companion SB 1686.
                                     Senator Aaron Bean (R-Jacksonville) filed a comprehensive amendment which  eliminates the provisions of the House bill relative to out of state providers.  The amendment was adopted and HB 7087 passed by a vote of 38 yeas to 0 nays. 
                                     The bill will require  the task force to compile data and submit a report by June 30, 2017, to the  Governor, the President of the Senate, and the Speaker of the House of  Representatives that analyzes: 
                                    
                                      - Frequency and extent  of the use of telehealth nationally and in this state;
 
                                      - Costs and cost savings  associated with using telehealth;
 
                                      - Types of telehealth  services available;
 
                                      - Extent of available  health insurance coverage available for telehealth services; and
 
                                      - Barriers to  implementing the use of, using, or accessing telehealth services.
 
                                    
                                    
                                    HB 7087 must now return to the House for its consideration as amended.
                                     AIF supports  legislation that permits an unfettered role for telehealth services that will  allow our citizens access to better quality care at lower costs.
                                    HB 221- Relating to  Out-of-Network Health Insurance Coverage
                                    On Friday, March 4th, HB 221, relating to Out-of-Network Health Insurance  Coverage, by Rep.  Carlos Trujillo (R-Doral) was read for a third time on the Senate floor and passed  unanimously by a vote of 38 yeas to 0 nays. However, as we reported  earlier this week, the version of the bill passed by the Senate today contains  provisions adopted in a Senate amendment that have not yet been considered by  the House. Accordingly, the bill will return to the House in messages for  its further consideration. 
                                    The intent of this bill is to  protect consumers from balance billing when that situation occurs in an  emergency setting; the balance bill is the difference between the provider's  charges and the amount the provider has received in reimbursement from the  consumer's insurance plan. Provider charges in Florida are often 100 times more  than Medicaid charges, so this legislation should cap a significant cost driver  in today's health care system. However, the version passed by the Senate also  contains a controversial provision that would prohibit insurers of certain  policyholders in certain types of coverage plans from retroactively denying a  procedure previously approved unless the patient’s premium has been unpaid for  more than 30 days. The other new provision in this bill mandates coverage and  treatment for developmental disabilities already defined in statute. The exact  cost impact of these provisions is unknown but many industry experts believe  they will significantly increase health insurance costs. 
                                    AIF will continue to  monitor this legislation and its impacts to Florida employers throughout the  legislative session. 
                                   
                                    Insurance
                                      
                                    HB 659-Relating to  Automobile Insurance
                                    On Wednesday, February 17th, HB 659,  relating to Automobile Insurance, by Rep. David Santiago (R-Deltona) was read for a third time on the House  floor and passed by a vote of 111 yeas to 5 nays.   
                                    HB 659 makes updates  to the auto market, lessening the burden on businesses. These updates include  making a mandatory pre-inspection program for used cars optional, and including  provisions for electronic payments of insurance premiums. 
                                    HB 659 has been sent  to the Senate chamber and was referred to three additional committee hearings  in the Senate Banking and Insurance Committee, the Senate  Commerce and Tourism Committee and the Senate  Rules Committee.
                                    AIF supports smart,  targeted reforms that help keep the insurance markets up to date and with the  times.
                                   
                                    IT Governance
                                    SB 7050-Relating to Information  Technology Security 
                                    On Tuesday, March 1st, SB  7050, relating to  Information Technology Security, by the, Senate Governmental  Oversight and Accountability Committee was heard before the Senate Appropriations  Committee and passed by a  vote of 17 yeas to 0 nays. AIF stood in support of this bill.
                                    This bill aims to  revise the membership of the Technology Advisory Council to include a  cybersecurity expert; requires the council, in coordination with the Florida  Center for Cybersecurity, to identify and recommend STEM training  opportunities; provides for the establishment of computer security incident  response teams within state agencies and revises entities to adopt a unified  state plan for K-20 STEM education to include the Technology Advisory Council.
                                    While the House  companion, HB  1033, is a bit broader,  the key to this bill is the statewide requirement for security assessments by a  third party and related activities under the responsibility of the AST. As the  use of technology continues to grow we see the value in preventative  cybersecurity measures for the state of Florida.
                                    SB 7050 will now go to  the Senate floor for consideration.
AIF supports legislation that will bring our  states cyber security measures up to date to protect Floridians and Florida’s  businesses from potential cyber-attacks.
                                   
  Legal & Judicial
                  SB 912- Relating to  Fraudulent Activities Associated with Payment Systems
                    On Thursday, March 3rd, SB 912, relating to Fraudulent Activities Associated  with Payment Systems, by Senator Anitere Flores  (R-Miami) was read for a  third time on the Senate floor and passed by a vote of 39 yeas to 0 nays. 
                  This bill addresses  “skimming” at gas stations, specifically at gas pumps themselves, which has  become a significant issue in the state of Florida. “Skimmers” are typically  found on the gas pumps themselves, disguised as the usual everyday credit card  reader. Unbeknownst to the customer, their credit card information is stolen.
                  During recent  investigations, the Department of Agriculture and Consumer Services (DACS) has  found that skimmed payment information is being used as part of elaborate fraud  schemes to purchase hundreds of gallons of gas that is pumped into unapproved,  hidden gas tanks in vans, SUVs, and trucks. Such gas is then usually resold by  the criminals to independent truck drivers at a fraction of its usual cost.
                  SB 912 addresses  fraudulent activity occurring at fuel stations by:
                  
                    - Increasing from a  third degree felony (maximum penalty of 5 years in state prison) to a second  degree felony (maximum penalty of 15 years in state prison) for the unlawful  conveyance of fuel;
 
                    - Requiring a retail  petroleum fuel measuring device to have affixed to or installed onto the  measuring device at least one security measure described in the bill and  authorizing the Florida Department of Agriculture and Consumer Services, under  certain circumstances, to prohibit further use of the measuring device until a  security measure is installed, replaced, or repaired; 
 
                    - Indicating that  possession of counterfeit cards is unlawful (not specified in current law); and
 
                    - Increasing the offense  severity level ranking for unlawful conveyance of fuel and trafficking in or  possession of counterfeit credit cards.
 
                  
                  
                  This bill will now go to the House floor for consideration.
                   AIF supports this  legislation due to it cracking down on theft from Florida retailers while also  protecting Florida's consumers.
                  SB 562- Relating to  Consumer Debt Collection
                    On Friday, March 4th, SB 562, relating to Consumer Debt Collection,  by Senator  Kelli Stargel (R-Lakeland) was read for a third time on the Senate floor and passed  by a vote of 21 yeas to 17 nays. 
                  SB 562 seeks to better  define the parameters by which an attorney representing a debit or debtor must  notify a creditor of their representation in order for that creditor to  properly direct communications concerning the dead. 
                  During today's  committee, through the amendment process, there was some confusion as to  whether the bill's scope would be expanded. However, the amendments which were  adopted, actually narrow the application of the bill to situations in which an  attorney communicates the representation to the creditor.
                  SB 562 will now go to  the House floor for consideration.
                  AIF supports  legislation that eliminates a current scam against Florida’s employers while  also protecting legitimate debt collection processes by companies. 
 
  Taxation
                                    HB 7099- Relating to  Taxation
                                    On Thursday, March 3rd, HB 7099, relating to Taxation, by the House Finance & Tax Committee was referred to the Senate Appropriations Committee after passing through the floor of the  House. After being heard by the Senate Appropriations Committee, HB 7099 unanimously passed with 18 yeas and  0 nays. AIF’s Senior Vice President of State and Federal Affairs,  Brewster Bevis, stood in support of this bill.
                  HB 7099 aims to cut  taxes in the state of Florida for the 2016-2017 fiscal year by a grand total of  $991.7 million. Much like last year’s House tax package, this legislation will  encompass some of our top taxation priorities that are of the utmost  importance to our member, such as: makes sales tax exemptions for certain  manufacturing machinery and equipment purchased by any eligible manufacturing  businesses permanent; and provides a ten-day “back-to-school” holiday for  clothing, footwear, school supplies and computers; a one-day “technology” sales  holiday on computers and related accessories; and  a one-day “small  business” holiday for sales by small businesses.
                  This tax package will  now head to the Senate floor for consideration. 
                  AIF supports tax cuts  for Florida’s consumers and businesses.
                  Below is a statement  released from our President & CEO, Tom Feeney, released Thursday, March 2nd,  commending the Senate Appropriations committee on the passage of HB 7099: 
                  
                  
                    AIF Statement on Tax Package Passing Senate  Appropriations
                  Tax Package to Repeal Manufacturing Equipment Sales Tax
                  
                    Tallahassee, Fla.  – The Associated Industries  of Florida (AIF) today  released the following statement attributed to its President & CEO Tom  Feeney regarding the tax package passing the Senate Appropriations  Committee.  AIF applauds the inclusion of language to repeal the manufacturing  equipment sales tax.
                     “AIF lauds the members  of the Senate Appropriations Committee for advancing the tax package  today.  As Florida’s leader in manufacturing and Florida’s affiliate for  the National Association of Manufacturers, AIF supports eliminating the sales  tax on manufacturing machinery and equipment once and for all.
                     “With Florida’s  manufacturing sector significantly providing high-wage and high-value added  jobs, it is imperative that we grow this high-producing industry as the state  continues to diversify the economy. 
                                        “As the tax package  heads to the Senate floor, AIF encourages the full Senate to advance this  pro-business tax cut that will reinvigorate manufacturing and accelerate job  growth in the Sunshine State.” 
                  
                                      # # #
 
  Workers' Compensation
                  HB 613 & SB 986-  Relating to Workers’ Compensation System Administration
                    On Thursday, March 3rd, HB 613, relating to Workers’ Compensation System  Administration, by Rep.  Jennifer Sullivan (R-Eustis) was read for a third time and passed through the floor of  the House by a vote of 115 yeas to 2 nays. After HB 613 passed through the  House it was immediately sent to the Senate chamber and was considered instead  of its Senate companion, SB 986,   a vote was taken. HB 613 passed through the Senate floor by a vote of 40  yeas to 0 nays. 
                  The workers’  compensation law requires an employer to obtain coverage for their “employees”  that provides for lost income and all medically necessary remedial treatment,  attendance, and care resulting from work related injuries and occupational  diseases. The Division of Workers’ Compensation within the Department of  Financial Services (DFS) provides regulatory oversight of the system. The DFS’  responsibilities include enforcing employer compliance with coverage requirements,  administration of the workers’ compensation health care delivery system,  collecting system data, and assisting injured workers regarding their benefits  and rights.
                  HB 613 will now go to  the desk of the Governor.
                  AIF supports Florida’s  current workers’ compensation law and any proposed change to the workers’  compensation system- in the courtroom or Legislature- will be evaluated through  the prism of coverage affordability, market stability, and employee safety.
                  SB 1402-Relating to  Ratification of Department of Financial Services Rule
                    On Thursday, March 3rd, SB  1402, relating to  Ratification of Department of Financial Services Rule, by Senator David Simmons  (R-Longwood) was read a third  time on the Senate floor and passed by a unanimous vote of 40 yeas to 0 nays.
                  SB 1402 addresses  adoption of the current version of the Florida Worker's Compensation healthcare  provider reimbursement manual. This manual has not been adopted or updated  since 2008, leaving Florida well behind every other state in the amount of  reimbursement it pays to healthcare providers for the treatment of injured  workers.
                  This bill will now go  to the House floor for consideration.
                  AIF supports legislation that will keep  Florida’s Workers’ Compensation system a stable and self-executing mechanism  that benefits both injured workers and Florida’s employers.
 
                                    Workforce
                                    SB 1262- Relating to  Emergency Management & HB 1133- Relating to Applicability of Revenue Laws  to Out-of-state Businesses During Disaster-Response Periods
                                    
                                    On Tuesday, March 1st, SB  1262, relating to  Emergency Management, by Senator Wilton Simpson (R-Trilby) was heard by the Senate Appropriations  Committee and unanimously  passed by a vote of 19 yeas to 0 nays. AIF’s Senior Vice President of  State and Federal Affairs, Brewster Bevis, stood in support of this bill.
                                    On Thursday, March  3rd, HB  1133, relating to relating  to Applicability of Revenue Laws to Out-of-state Businesses During  Disaster-Response Periods, by Rep. Dana Young (R-Tampa) was read for a third time on the House  floor and passed by a vote of 115 yeas to 0 nays.  
                                    On Friday, March 4th, SB 1262 was laid on the table and  substituted by its House companion, HB 1133. This measure withdrew HB 1133 from  its additional committees of reference and was then placed on third reading. A  vote on HB 1133 is expected to be taken on Monday, March 7th.
                                    This legislation would  remove hindrances, such as taxes and regulations that in any other situation  would be the normal course of business for out of state companies coming to  Florida to assist with emergency response during a disaster situation.
                                    AIF supports legislation that will remove the  loop holes’ businesses would ordinarily have to go through when coming to  Florida to aide in a state of emergency.