Daily Legislative Brief from March 1, 2018
                                  
                                    Legal & Judicial
                                      
                                    SB 822- Relating to  Beverage Law
                                    On Thursday, March 1st, SB 822 by  Senator Travis Hutson (R-Palm Coast) was heard before the Senate Committee on  Rules and passed by a vote of 12 yeas to 0 yeas. 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 allows a written  agreement between a manufacturer or importer of malt beverages and an alcoholic  beverage vendor for brand naming rights, including the right to advertise  cooperatively from the “tied house evil” prohibitions. The agreement must then  be negotiated at arm’s length for no more than fair market value.
                                    SB 822 will move on to  the Senate floor for consideration.
                                    AIF SUPPORTS  legislation that removes burdensome regulations on Florida’s businesses.
                                     
                                    HB 33-  Relating to Texting while Driving
                                    On  Thursday, March 1st, HB 33, by  Representative Jackie Toledo (R-Tampa) and Representative Emily Slosberg  (D-Delray Beach) was read for a third time on the House floor and passed by a  vote of 112 yeas to 2 nays. 
                                    Currently,  Florida law prohibits a person from texting, emailing, and instant messaging  while driving, however, enforcement of this is a secondary offense, which means  a law enforcement officer must detain a driver for another traffic offense in  order to cite the driver for texting while driving. The bill would change the current  enforcement of the ban on texting while driving from a secondary offense to a  primary offense, allowing law enforcement officers to stop a vehicle solely for  texting while driving. The main goal of this legislation is to eliminate a  component that contributes to distracted driving on Florida’s roadways.
                                    HB 33 is  now in Senate messages.
                                  AIF supports legislation that  addresses the issue of distracted driving and will ensure public safety for all  on Florida’s roadways.
                                   
                                    Consumer Protection
                                      
                                    SB 920-Relating to  Deferred Presentment Transactions
                                    On Thursday, February  15th, SB 920, by Senator Rob Bradley (R-Orange Park) was heard by the Senate  Committee on Rules and passed by a vote of 11 yeas to 2 nays. AIF’s  Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in  support of this bill.
                                    The bill authorizes  deferred presentment installment transactions under Florida law. A deferred  presentment installment transaction must be fully amortizing (the balance due  will be entirely paid after the last payment is made) and repayable in  consecutive installments, which must be as equal as mathematically practicable.  The term of a deferred presentment installment transaction may not be less than  60 days or more than 90 days and the time between installment payments must be  at least 13 days but not greater than 1 calendar month.
                                    The maximum face  amount of a check taken for a deferred presentment installment transaction may  not exceed $1,000, exclusive of fees. The maximum fees that may be charged on a  deferred presentment installment transaction are 8 percent of the outstanding  transaction balance on a biweekly basis. The bill retains current law in s. 560.404(19), F.S.,  prohibiting a provider from entering into a deferred presentment transaction  with any person who has an outstanding deferred presentment transaction or  whose previous transaction has been terminated for less than 24 hours.
                                    SB 920 will go on to  the Senate floor for consideration.
                                    AIF supports  legislation that creates a new framework that conforms with the federal  guidelines while also retaining the choices Florida consumers need and deserve.
                                   
                                    Regulation
                                      
                                    HB 1033-Relating to Bicycle  Sharing
                                    On Thursday, March 1st, HB 1033 by Representative Jackie Toledo (R-Tampa) was read for a  third time on the House floor and passed by a vote of 114 yeas to 0 nays. 
                                    Bicycle sharing is a  relatively new venture making its way across the country. Currently, the  regulation of bicycle sharing companies is left up to local jurisdictions. HB  1033 creates a regulatory framework governing the operation of dockless and  docked bicycle sharing companies in the state and would preempt local  governments regulatory authority of bicycle sharing companies by giving this  authority to the state.
                                    HB 1033 has been  received in Senate messages and referred to the Senate Committee on Banking and  Insurance, Senate Committee on Community Affairs, and the Senate Committee on  Rules for consideration.
                                    AIF supports  legislation that implements statewide policies that create price competition,  promote consumer choice, enhance customer experience, create jobs and remove  anti-competitive local regulations.
                                   
                                    Economic Development
                                      
                                    HB 697 - Relating to  Impact Fees
                                    On Thursday, March 1st, HB 697 by  Representative Mike Miller (R- Orlando) was read for a third time on the  House floor was amended and passed by a vote of 108 yeas to 5 nays. 
                                    An amendment, 271065; offered by the sponsor was adopted. This  amendment was a compromise between stakeholders that kept the 30-day time frame  for a local government has to determine what might be deficient in the  development plan and another 60-days to approve a development plan once the  application for approval has been received. AIF is in support of this amendment. 
                                    HB 697 is now in  Senate messages.
                                    AIF supports  legislation that ensures the same protections to sector plans against demanding  payment or construction of facilities beyond those needed to service the  development.
                                     
                                    HB 961-Relating  to Beverage Law
                                                                        On Thursday, March 1st, HB 961 by Representative Joe Gruters (R- Sarasota) was read for a third  time on the House floor and passed by a vote of   101 yeas to 13 nays. 
                                     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. Both bills were  amended during their respective committee stops to change the amount of branded  glassware a distributor may give to no more than 10 cases per calendar year.
                                     HB 961 is now in Senate  messages.
                                    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. 
                                   
                                    Health Care
                                      
                                    HB 21-Relating to  Controlled Substances
                                    On Thursday, March 1st, HB 21 by  Representative Jim Boyd (R-Bradenton) was read for a third time on the House  floor and passed by a vote of  114 yeas  to 0 nays. 
                                    This bill addresses  opioid abuse by expanding the use of the Prescription Drug Monitoring Program  (PDMP), increasing regulation of prescribers and dispensers, and aligning state  criminal statutes with federal law. The bill limits the prescription for a  Schedule II opioid to alleviate acute pain to a three-day supply, or a  seven-day supply if deemed medically necessary by the prescriber.
                                    The bill also requires  the Department of Health (DOH) to adopt rules establishing guidelines for  prescribing controlled substances for acute pain, similar to those for chronic  pain. Additionally, the bill also requires a health care practitioner  authorized to prescribe controlled substances to complete a board-approved  2-hour continuing education course on safely and effectively prescribing  controlled substances, and to review a patient’s PDMP history prior to  prescribing or dispensing a controlled substance.
                                    HB 21 has been  received by the Senate and referred to the Senate Committee on Health Policy,  the Senate Committee on Appropriations and the Senate Committee on Rules for  consideration.
                                    AIF supports legislative efforts  that aim to curb opioid abuse and addiction that is currently running rampant  through the state affecting Florida’s families and businesses.