Daily Legislative Brief from March 26, 2019
                                  
                                    Taxation
                                      
                                    SB  1000 – Relating to Communication Services
                                                                        On Tuesday, March 26, SB 1000 by Senator Travis Hutson  (R-Palm Coast) was heard before the Senate Community Affairs Committee and was  reported favorably with 4  yeas and 1 nay. AIF stood in support of this legislation.
                                                                        This bill reduces the state tax on general  communications services from 4.92% to 3.92%, and on direct-to-home satellite  services from 9.02% to 8.07%. This bill eliminates all the current provisions  on local governments electing whether to require and collect permit fees and  effectively freezes local government elections on collection of permit fees,  providing that a municipality or county that chose to impose permit fees on or  before January 1, 2019, may continue to impose such fees, while a municipality  or county that did not impose permit fees as of January 1, 2019, may not impose  such fees.
                                     SB 1000 will now move to the Senate Finance and Tax  Committee.
AIF supports legislation that will both reduce the communications services tax and have a positive financial impact on Florida's consumers, many of whom are businesses that pay for cable or satellite service.
                                   
                                  
                                    Legal & Judicial
                                    HB 847 – Relating to Preemption of Conditions of Employment
                                     On Tuesday, March 26, HB  847 by Representative Bob Rommel (R-Naples) was heard in the House  Local, Federal, and Veterans Affairs Subcommittee  and was reported favorably with 10 yeas and 5 nays. AIF’s Senior Vice  President of State and Federal Affairs, Brewster Bevis, stood in support of  this legislation.
                                     This bill amends s. 218.077, F.S., regarding state  preemption of conditions of employment. The bill: 
                                    
                                      - Expressly prohibits a county, city,  district, or other public body created by state law from requiring an employer  from paying a minimum wage other than the state or federal minimum wage or to  offer other conditions of employment;
 
                                      - Expressly preempts to the state the right  to regulate any requirements imposed upon employers relating to a minimum wage  and conditions of employment; 
 
                                      - Defines “conditions of employment” to  include preemployment screening, job classification, job responsibilities;  hours of work; scheduling and schedule changes, wages, payment of wages, leave,  paid or unpaid days off for holidays, illness, vacations, and personal  necessity, and employee benefits;
 
                                      - Voids any ordinance, regulation, or policy  currently in existence which is now preempted.
 
                                    
                                    
                                      HB 847 will now move to the House Commerce Committee.
                                    AIF supports legislation that allows Florida businesses to  adhere to state or federal wage requirements, thus eliminating onerous  regulations set by municipalities. 
                                    HB  431 – Relating to Liens Against Motor Vehicles and Vessels
                                     On Tuesday, March 26, HB 431 by Representative Jason Fischer (R-Jacksonville) was heard in the House  Transportation & Infrastructure Subcommittee and was reported favorably with 12 yeas and 0 nays. AIF’s Senior Vice President of State and Federal  Affairs, Brewster Bevis, stood in support of this legislation.
                                     Currently, towing companies and auto repair shops,  among others, may impose a lien on automobiles for towing and storage charges,  as well as unpaid repair costs.  The  current statute requires the lienor to give the auto owner and all parties that  have a financial interest in the auto notice of the lien and the public sale of  the auto to cover paying off the lien. 
                                      Unfortunately, some “bad actors” in Florida have been  abusing our current system by:  
                                    
                                      - Manipulating the time period for sending  the notice of lien and notice of sale to eliminate the owner or finance  company’s ability to pay the charges and recover the auto; 
 
                                      - Imposing very high administrative fees for  perfecting the lien and enforcing the lien; 
 
                                      - Adding unreasonable or fraudulent charges  to the towing or repair bill to justify the sale of the auto and keeping all  proceeds of the sale. 
 
                                    
                                    
                                      HB 431 will now move to the House Judiciary Committee.
                                    
                                    AIF supports legislation that prevents the increase in insurance rates.  When ‘bad actor' companies take advantage of the current lien laws, insurance rates become improperly inflated and has a harmful effect on many sectors of the business community.
                                    HB 107 – Relating to Use  of Wireless Communication Devices While Driving
                                     On Tuesday, March 26, HB 107 by Representative Jackie  Toledo (R-Tampa) was heard in the House Transportation and Infrastructure  Subcommittee and was reported favorably with 13 yeas and 0 nays. AIF’s Senior Vice President of State  and Federal Affairs, Brewster Bevis, stood in support of this legislation.
                                     The Florida Ban on Texting While Driving Law prohibits  a person from texting, emailing, and instant messaging while driving but is  considered a secondary offense, meaning law enforcement cannot stop a driver  solely for texting. This bill makes the use of a wireless communication device  while driving a primary offense, allowing law enforcement to stop individuals for  wireless device usage while behind the wheel. 
                                     HB 107 will now move to the House Appropriations  Committee.
                                     AIF supports legislation that addresses the issue of distracted driving that will ensure public safety for not only those transporting goods on our roadways, but for all Floridians. 
                                    HB  829 – Relating to Attorney Fees and Costs
                                     On Tuesday, March 26, HB 829 by Representative Anthony  Sabatini (R-Clermont) was heard before the House Local, Federal and Veterans  Affairs Subcommittee and was reported favorably with 11 yeas and 4 nays. AIF’s Senior  Vice President of State and Federal Affairs, Brewster Bevis, stood in support  of this legislation.
                                     This bill authorizes the payment of attorney fees and  costs to a party challenging the adoption or enforcement of a local government  ordinance on preemption grounds if a court finds that the subject of the  ordinance has been preempted by the Constitution or State law. However, a local  government may avoid liability for attorney fees and costs if the challenged  ordinance is repealed or withdrawn within 21 days of either (1) receiving  written notice of the claim or (2) the filing of a motion for attorney fees,  whichever is earlier.
                                     HB 829 will  now move to the House Judiciary Committee.
                                     AIF  supports legislation that holds liable local governments that attempt to  violate federal or state preemptions. 
                                    HB 1235- Relating to  Legal Notices
                                     On Tuesday,  March 26, HB 1235 by Representative Randy Fine (R-Palm Bay) was heard in the House  Local, Federal, and Veterans Affairs Subcommittee  and was reported favorably with 10 yeas and 5 nays. AIF’s Senior Vice  President of State and Federal Affairs, Brewster Bevis, spoke in opposition to  this legislation.
                                     The Florida Constitution requires public notice be  given for meetings at which official acts are to be taken or where public  business is to be conducted. This bill requires each state or local government  agency to publish legally required notices and advertisements on their official  website. Each government agency must publish notice at least once a year in a  newspaper of general circulation, a newsletter or periodical, or other  publication mailed and delivered to all residents and property owners in the  government’s jurisdiction. 
                                     HB 1235  will now move to the House Judiciary Committee.
                                    AIF opposes internet-only public notice, as it eliminates the wide net that is cast by print media and the internet combined. Because webpages are present one day and gone the next, the internet is an inherently unreliable platform for critical information.  As Florida is predominately a small business state, citizens and business owners must be able to access these public notices both in print and digital form.
                                   
                                    Transportation
                                      
                                    HB 1111 – Relating to  Vehicles for Rent or Lease
                                                                        On Tuesday,  March 26, HB 1111 by Representative Chris Latvala (R-Clearwater) was heard in  the House Transportation and Infrastructure Subcommittee and was reported  favorably with 10 yeas and 3 nays. AIF’s Senior Vice President of State and Federal Affairs,  Brewster Bevis, stood in support of this legislation.
                                                                        Currently  rental car companies and car sharing services collect the rental car surcharge  and sales tax from persons renting vehicles. App based car rental services  called “peer to peer car sharing companies” are growing throughout the country,  and AIF supports the new ways Floridians can access transportation. However,  the P2P companies do not remit either tax required by the state. The proceeds  from the rental car surcharge paid by consumers who rent vehicles goes to build  and maintain the state’s infrastructure, which is very important to Florida  businesses statewide. This bill ensures the entities renting vehicles in  the State of Florida play by the same “rules of the road.”
                                                                        HB  1111 will now move to the Transportation and Tourism Appropriations  Subcommittee.
                                     AIF supports the proposed measures in this bill to hold all  rental car services accountable, regardless of how the vehicle is accessed.
                                    HB  905 – Relating to the Department of Transportation (DOT)
                                                                        On Tuesday, March 26, HB 905 by Representative Alex  Andrade (R-Pensacola) was heard in the House Transportation and Tourism  Appropriations Subcommittee and was voted favorably with 11 yeas and 0 nays. AIF stood in support of this legislation.
                                                                        This bill: 
                                    
                                      - Prohibits local governments from adopting  standards or specifications for the permissible use of aggregates that are  contrary to DOT’s standards or specifications.
 
                                      - Requires any contractor desiring to bid on  DOT contracts in excess of $50 million to have satisfactorily completed certain  projects prior to being eligible to bid. 
 
                                      - Increases the dollar threshold for certain  contract claims that may go before the State Arbitration Board. 
                                        
                                       
                                    
                                    HB 905 will  now move to the House State Affairs Committee.
AIF  supports legislation that streamlines DOT regulations and holds, to a high  standard, contractors providing infrastructure improvements to our state.
                                   
                                    Economic Development
                                      
                                    HB  739 – Relating to Rural Communities 
                                    On Tuesday, March 26, HB 739 by Representative Mike  Hill (R-Pensacola) was heard in the House Workforce Development and Tourism  Subcommittee and was reported favorably with 12 yeas and 0 nays. AIF stood in  support of this legislation.
                                                                        Florida imposes an annual tax on premiums collected by  insurance companies doing business in the state. This tax applies to life,  health, property and casualty, title insurance, and most other types of  policies at a rate of 1.75%. This bill creates s. 288.062, F.S., the “Florida  Rural Jobs and Business Recovery Act,” which offers incentives in the form of  tax credits against the state insurance premium tax. The Program prohibits more  than $5 million in tax credits to be taken annually.
                                     HB 739 will now move to the House Ways and Means  Committee.
                                     AIF supports this bill which updates and improves Florida’s  Rural Economic Development programs which allows rural  communities to get assistance for economic development projects designed to  create jobs and improve our rural communities.
                                    HB  73 – Relating to High School Graduation Requirements
                                                                        On Tuesday, March 26, HB 73 by Representative  Elizabeth Fetterhoff (R-DeLand) was heard in the House PreK-12 Quality  Subcommittee and was reported favorably with 14 yeas and 0 nays. AIF’s Senior  Vice President of State and Federal Affairs, Brewster Bevis, stood in support  of this legislation.
                                                                        Current law requires  financial literacy to be taught as a part of a one-half credit economics  course, which falls under the three required social studies credits a student  must achieve to earn a standard high school diploma. The bill increases the  number of social studies credits needed to earn a standard high school diploma  to three and one-half credits to include one-half-credit in financial literacy  as a separate course.
                                     HB 73 will now move to  the PreK-12 Appropriations Subcommittee.
AIF supports legislation that gives students tools to learn  about relevant, and real life subjects that will prepare them for the workforce  in the future.  
                                   
                                    Health Care
                                      
                                    HB 831- Relating to Electronic Prescribing
                                                                        On Tuesday, March 26, HB 831 by Representative Amber  Mariano (R-Port Richey) was heard in the House Health Care Appropriations  Subcommittee and was reported favorably with 9 yeas and 0 nays. AIF’s Senior  Vice President of State and Federal Affairs, Brewster Bevis, stood in support  of this legislation.
                                                                        Electronic prescribing (e-prescribing) is a method by  which an authorized health care practitioner electronically transmits a  prescription to a pharmacy using a secure software system. Efforts have been  made by states, as well as the federal government, to increase the use of e-prescribing  software. Beginning January 1, 2020, HB 831 requires prescribers to generate  and transmit all prescriptions electronically.
                                     HB 831 will now move to the House Health and Human  Services Committee.
AIF supports legislation that provides for improved prescription accuracy, increased patient safety, reduced opportunities for fraud and abuse and reduced overall costs.  Improving the overall functionality and cost will further enable Florida employers to provide health care coverage for our citizens.
                                   
                                    Insurance
                                      
                                    HB  1363 – Relating to Consumer Protections from Nonmedical Prescription Drug  Formularies
                                                                        On Tuesday, March 26, HB 1363 by Representative Jayer  Williamson (R-Pace) was heard in the House Health Market Reform Subcommittee  and was reported favorably with 13 yeas and 1 nay. 
                                     A  major driver of health care costs is the rising cost of medicines. Drug  companies raise the prices of both new and old medicines at will. No government  body—not the Federal Trade Commission, not the Food and Drug Administration,  and not the Centers for Medicare & Medicaid Services—have rules or laws  that dictate or restrict the price a pharmaceutical company can set for a drug  - and in most cases, there’s nothing that restricts how much a drug company can  raise that price.
                                     This bill would eliminate the only current force to  counter the price increases on pharmaceuticals – the threat of losing insurance  coverage, which helps push back on arbitrary price hikes.  Handcuffing  the negotiators who work hard to make sure drugs are affordable is bad public  policy and will help make health insurance even more unaffordable.
                                                                        HB 1363 will now move to the House Insurance and  Banking Subcommittee. 
AIF supports the amendment that brings the bill  closer inline to AIF’s position in reducing health care costs. AIF encourages  the committee to continue working on the bill to reach a point where we can  support it.
                                   
                                    Environmental
                                      
                                    SB  816 – Relating to Environmental Regulation
                                                                        On Tuesday, March 26, SB 816 by Senator Keith Perry  (R-Gainesville) was heard in the Senate Environment and Natural Resources  Committee and was reported favorably with 5 yeas and 0 nays. AIF stood in support of this legislation.
                                                                        This  bill requires local governments to work with residential recycling collectors  and material recovery facilities to reduce contamination of curbside recycling.  As Florida continues to move toward the statewide 75% recycling goal, this  legislation is specifically designed to improve the capture rate of clean  recyclable material.
                                     SB  816 will now move to the Senate Community Affairs Committee.
AIF supports legislation  which will assist in achieving the statewide 75% recycling goal, providing  clean and marketable recyclable material to the end user.