Daily Legislative Brief from January 30, 2018
                                  
                                    Property Rights
                                      
                                    HB 691-Relating to Self-Storage Facilities
                                                                        On Tuesday, January 30th,  HB 691 by Representative George Moraitis (R-Fort Lauderdale) was heard before  the House Civil Justice and Claims Subcommittee and passed narrowly by a vote  of 8 yeas to 7 nays. AIF’s Senior Vice  President of State and Federal Affairs, Brewster Bevis, spoke in opposition to  this bill. 
                                                                        The "Self-Storage  Facility Act" (act) regulates self-service storage facilities, which are  designed and used for the purpose of renting individual storage space to  tenants for the purpose of storing personal property. HB 691 revises the regulations of this act and allows  an advertisement for sale to be published continuously for 14 days on a public  website that customarily conducts personal property auctions as an alternative  to publishing once a week for consecutive weeks in a newspaper of general  circulation in the area where the self-service storage facility is located. The  bill also removes the requirement for the owner, when there is no newspaper of  general circulation, to post the advertisement at least 10 days before the sale  in at least three conspicuous places in the neighborhood where the self-service  storage facility is located.
                                     HB 691 will go on to be  heard in the House Careers and Competition Subcommittee.
                                  AIF opposes this legislation as it removes the  requirement that public notices be printed in local newspapers as defined by  Chapter 50 of Florida Statutes. 
                                   
                                    Health Care
                                      
                                    HB 1369-Relating to Long-Term Care Facility  Responsibility
                                                                        On Tuesday, January 30th,  HB 1369 by Representative Amber Mariano (R-North Port Richey) was heard before  the House Civil Justice and Claims Subcommittee and passed by a vote of 9 yeas  to 6 nays. AIF’s Senior Vice President  of State and Federal Affairs, Brewster Bevis, stood in opposition to this bill. 
                                                                        HB 1369 addresses several  provisions related to claims and lawsuits against nursing homes and assisted  living facilities, to include:
                                    
                                      - Decreasing       the amount of funding that is used to support the Quality of Long-Term       Care Facility Improvement Fund (fund) by changing the amount awarded from       punitive damages be split equally between the fund and the claimant, to 10       percent of the award be paid to the fund.
 
                                      - Requiring       nursing center to carry minimum of $2 million liability insurance policies       and a yearly aggregate limit of $4 million. If this requirement is not met       the state can revoke a nursing center’s license. 
                                        
                                       
                                    
                                    HB 1369 will go on to the  House Health Care Appropriations Subcommittee to be heard.
                                     AIF opposes this legislation that promotes costly  lawsuits and diminishes resources for nursing centers and assisted living  facilities resident care. 
                                     
                                    SB  280-Relating to Telehealth
                                    On  Tuesday, January 30th, SB 280 by  Senator Aaron Bean (R-Jacksonville) was heard before the Senate Committee on  Health Policy and passed unanimously by a vote of 8 yeas to 0 nays. AIF stood in support of this bill.
                                    SB 280  provides specific authorization for the provision of health care services  through telehealth. Telehealth is the provision of health care services using  telecommunication technologies, which allows licensed practitioners in one  location to diagnose and treat patients at a different location. The bill will  remove regulatory ambiguity regarding the provision of health care services  using this technology because it is not currently addressed in Florida Statutes.
                                    SB 280  will go on to the Senate Appropriations Subcommittee on Health and Human  Services for its next hearing.
                                    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 217-Relating  to Payment of Healthcare Claims
                                    On  Tuesday, January 30th, HB 217, by Representative Bill Hager (R-Boca  Raton) was heard before the House Health Innovation Subcommittee and  passed. AIF’s Senior  Vice President of State and Federal Affairs, Brewster Bevis, spoke in  opposition to this bill.
                                    This bill  prohibits health insurers and health maintenance organizations (HMOs) from  retroactively denying a claim during the relevant grace period, if the insurer  or HMO verified the eligibility of an insured or subscriber at the time of  treatment and provided an authorization number, regardless of if the insured  has paid their premiums prior to that claim rendering them ineligible for  coverage.
                                    HB 217  will go on to the House Appropriations Committee for its next  hearing.
AIF opposes legislation removing insurers ability  to retroactively deny claims, even those that have not paid their premiums.  This legislation would raise costs on employers who would be required to pay  health care expenses of people who are no longer employees, and consumers would  bear the burden of paying the high costs of fraud, waste and abuse that would  occur in the system.
                                   
                                    Economic Development
                                      
                                    SB 170-Relating to  Rural Economic Development Initiative 
                                    On Tuesday, January 30th, SB  170, by Senator  Denise Grimsley (R-Lake Placid) was heard by the Senate Committee on  Government Oversight and Accountability and passed by a vote of 5 yeas to  0 nays. AIF stood in support of this bill.
                                    Currently, Florida’s  rural communities are experiencing additional challenges compared to their  urban counterparts in many quality of life indicators. The state has an  opportunity to improve the economic competitiveness of Florida’s rural  communities by reforming the Rural Economic Development Initiative  (REDI).  
                                    This legislation  accomplishes this by:
                                    
                                      - Reducing the number of  specified agencies and organizations that are required to designate REDI  representatives;
 
                                      - Clarifying which  individuals from specified agencies and organizations must be designated as  REDI representatives;
 
                                      - Providing for the  appointment of five additional members from the private sector:
                                     
 - Three of the private  sector members are to be appointed by the executive director of the Department  of Economic Opportunity (DEO), one appointed by the President of the Senate,  and one appointed by the Speaker of the House of Representatives;
 
 
                                      - Authorizing the  creation of ad hoc committees and provides guidance for the organization of ad  hoc committees;
 
                                      - Modifying the  definition and designation criteria for a rural area of opportunity  (RAO); 
 
                                      - Updating the annual  reporting requirements; and 
 
                                      - Make conforming  changes to address cross-references in numerous sections of the Florida  Statutes.
                                        
                                       
                                    
                                    SB 170 will go on to  the Senate Committee on Rules to be heard.
AIF SUPPORTS efforts  to increase economic development in Florida’s rural areas by increasing job  growth. 
                                   
                                  HB 961-  Relating to Beverage Law
                                  On  Tuesday, January 30th, HB 961 by Representative Joe Gruters (R- Sarasota)  was heard before the House Careers and Competition Subcommittee and  passed. AIF’s Senior  Vice President of State and Federal Affairs, Brewster Bevis, stood in support  of this bill.
                                  Currently,  vendors must purchase beer or malt beverage branded glassware from distributors  for use in their establishments. This legislation allows for retailers to  accept malt or beer beverage branded glassware from a wholesaler at no cost.  The bill stipulates that the distributor may give no more than 15 cases (that  include up to 24 pieces per case), per calendar year.
                                  HB 961  will go on to be heard in the House Commerce Committee.
                                  AIF SUPPORTS legislation that  will reduce costs on Florida’s businesses by allowing distributors to provide  vendors, at no cost, glassware to use in their establishments. 
                                   
                                    Legal & Judicial
                                      
                                    HB 775-Relating to  Beverage Law
                                                                          On Tuesday, January  30th, HB 775, by Representative Mike La Rosa (R-Saint Cloud), was heard  before the House Careers and Competition Subcommittee and passed. AIF’s  Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in  support of this bill.
                                    Florida’s “Tied House  Evil Law,” s. 561.42, F.S., prohibits a manufacturer or distributor of  alcoholic beverages from having a financial interest, directly or indirectly,  in the establishment or business of a licensed vendor, and prohibits a  manufacturer or distributor from giving gifts, loans, property, or rebates to  retail vendors.
                                    The bill exempts  financial transactions between a vendor and a manufacturer from all tied evil  house prohibitions if the following conditions are met:
                                    
                                      - The agreement is negotiated at       arm’s length for no more than fair market value; 
 
                                      - The vendor operates places of       business where consumption on the premises is permitted, which premises       are located within a theme park complex comprised of at least 25 contiguous       acres owned and controlled by the same business entity and which contains       permanent exhibitions and a variety of recreational activities and has a       minimum of 1 million visitors annually through a controlled entrance to       and exit; 
 
                                      - The agreement does not involve       the sale or distribution of malt beverages; 
 
                                      - The vendor does not give       preferential treatment to the alcoholic beverage brand(s) of the       manufacturer or importer; 
 
                                      - The agreement does not limit,       directly or indirectly, the sale of alcoholic beverages of another       manufacturer, importer or distributor; 
 
                                      - A distributor does not,       directly or indirectly, pay any portion of the agreement; and 
 
                                      - Within 10 days after execution       of the agreement, the vendor files a description of the written agreement       for brand naming rights which includes the location, dates, and the name       of the manufacturer or importer that entered into the agreement.
                                        
                                       
                                    
                                    HB 775 will go to the  House Commerce Committee to be heard.
AIF SUPPORTS  legislation that removes burdensome regulations on Florida’s businesses.