Daily Legislative Brief from April 17, 2019
                                  
                                    Economic Development                                    
                                    SB  178 – Relating to Florida Tourism Marketing
                                                                        On Wednesday, April 17, 2019, SB 178 by Senator Joe  Gruters (R-Sarasota) was read on the Senate floor and passed with a vote of 36  yeas and 0 nays.
                                     This bill removes the scheduled repeal date for the  Florida Tourism Industry Marketing Corporation, doing business as VISIT  FLORIDA, and the scheduled repeal date for Division of Tourism Marketing within  Enterprise Florida, Inc. VISIT FLORIDA is the name for the Florida Tourism  Industry Marketing Corporation, a non-profit corporation that serves as  Florida’s statewide destination marketing organization, and represents the  state’s tourism industry. Without the bill, the statutory authorizations for  these entities would be repealed on October 1, 2019.
                                     SB 178 is now in House messages.
                                     AIF supports investment in building a world-class marketing  engine with top talent, analytics, and funding that develops and executes  data-driven branding strategies.
                                    SB  596 – Relating to Regional Rural Development Grants
                                                                        On Wednesday, April 17, SB 596 by Senator Ben  Albritton (R-Bartow) was read on the Senate floor and passed with a vote of 38  yeas and 0 nays.
                                     The bill makes changes to how the Regional Rural Development Grant  program and the Rural Infrastructure Fund operate. Specifically, the bill  amends the Regional Rural Development Grant Program to: 
                                    
                                      - Increase the maximum annual grant amount to $250,000 from  $150,000 that three regional economic development organizations that serve the  entire region of a rural area of opportunity may receive; 
 
                                      - Increase the amount of funds the Department of Economic  Opportunity (DEO) may expend for the program to up to $1 million annually (from  up to $750,000 annually); 
 
                                      - Reduce the required match the regional economic  development organizations must contribute in non-state resources from 100  percent to 25 percent of the state’s contribution; and 
 
                                      - Allow the use of grant funds to build the professional  capacity of regional economic development organizations. The bill amends the  Rural Infrastructure Fund program to: 
 
                                        - Increase the grant awards to 50 percent of infrastructure  project costs (up from 30 percent);
 
                                      - Clarify that eligible infrastructure projects include  access to broadband Internet service, and projects that improve service and  access must be through a partnership that was publicly noticed and  competitively bid; and 
 
                                      - Require the DEO to review the grant program  application and award procedures by September 1, 2020.
 
                                    
                                    
                                      SB 596 is now in House messages 
                                    
AIF supports efforts to increase economic  development in Florida’s rural areas by increasing job growth. 
                                   
                                    Legal & Judicial
                                      
                                    SB  76 – Relating to Texting While Driving 
                                                                        On Wednesday,  April 17, SB 76 by Senator  Wilton Simpson (R-Spring Hill) was heard in the Senate Rules Committee and was  reported favorably with 15 yeas and 0 nays. AIF’s Senior Vice  President of State and Federal Affairs, Brewster Bevis, stood in support of  this legislation.
                                                                        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. This bill changes the current enforcement from  a secondary offense to a primary offense for all distracted driving and  handheld use of wireless communication devices, not just texting and emailing, allowing  law enforcement officers to stop a vehicle solely for driving while distracted.  The main goal of this legislation is to eliminate a component that contributes  to distracted driving on Florida’s roadways.
                                    SB 76 will now move  to the Senate floor.
                                     AIF supports legislation that addresses  the issue of distracted driving and will ensure public safety for all on  Florida’s roadways.
                                    SB  862 – Relating to Lessor  Liability Under Special Mobile Equipment Leases
                                                                        On Wednesday, April 17, SB 862 by Senator Kelli Stargel  (R-Lakeland) was heard in the Senate Rules Committee and was reported favorably  with 14 yeas and 2 nays, AIF’s  Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in  support of this legislation.
                                                                        Florida’s  Dangerous Instrumentality Doctrine (DID) was created in the early 20th century,  a time where automobiles began traveling on public roads. The doctrine has been  expanded far beyond the borders of its original intent and now applies to  off-highway vehicles such golf carts, tractors, and construction equipment. The  doctrine holds owners or lessors liable for the harm caused by an operator,  even when the lessor is not in control of the equipment or vehicle at the time  of the incident. Florida is the only state in the country where DID is applied  in this manner.
                                     This bill provides that lessors of special mobile  equipment are not liable for the acts of the lessee or lessee’s agent or  employee if the lease agreement requires documented proof of insurance coverage  containing limits of at least $250,000 per person and up to $500,000 per  incident for bodily injury liability and up to $100,000 for property damage  liability, or at least $750,000 for combined property damage liability and  bodily injury liability. Special mobile equipment are vehicles not designed or  used primarily to transport persons or property and that are only incidentally  operated or moved over a highway. Examples include ditchdigging apparatus,  well-boring apparatus, road construction and maintenance machinery, draglines,  self-propelled cranes and earthmoving equipment.
                                     SB 862 will now move to the Senate floor.
AIF supports the protection of owners and lessors from vicarious  liability which is harmful to Florida’s business community.
                                   
                                  
                                    Insurance
                                    SB  122 – Relating to Agreements Between Service Providers and Consumers
                                                                        On Wednesday, April 17, SB 122 by Senator Doug Broxson  (R-Pensacola) was heard before the Senate Rules Committee and was reported  favorably with 11 yeas and 6 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster  Bevis, stood in support of this legislation.
                                                                        This bill amends the ways in which attorneys can claim  attorney fees and sets forth guidelines as to which party is liable for  payment. This bill also provides additional consumer protections from AOB  abuse, such as allowing an assignor the right to rescind the assignment  agreement without worry of paying penalties or fees.  
                                     SB 122 will now move to the Senate floor.
                                    AIF supports reforms to the assignment of benefits process that  keeps insurance rates low and protects consumers from AOB abuse.
                                   
                                  
                                    Taxation
                                    Proposed Committee Bill WMC 19-03 – Relating to  Corporate Income Tax
                                                                        On Wednesday, April 17,  PCB WMC 19-03, sponsored and heard by the House Ways and Means Committee, was  reported favorably with 11 yeas and 6 nays. AIF’s  Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in  support of this legislation.
                                                                        Florida imposes a 5.5  percent tax on certain income of corporations doing business in Florida.  Florida uses federal taxable income from federal tax returns as a beginning  point to calculate corporate income tax owed to Florida. Florida updates its utilization  of the Federal Internal Revenue Code (IRC) by adopting the code as it exists on  January 1 in any given year. Adopting the code on an annual basis ensures the  Florida tax code reflects any relevant changes to the IRC that were made during  the prior year. The bill: 
                                    
                                      - Updates  the Florida corporate Income Tax Code by adopting the Internal Revenue Code as  in effect on January 1, 2019; 
 
                                      - For  Florida corporate income tax purposes, provides for a subtraction of global  intangible low-taxed income (GILTI) from taxpayers’ federal taxable income; 
 
                                      - Extends  the current automatic tax rate adjustment and refund mechanism two years; 
 
                                      - Requires  corporate income taxpayers with taxable years beginning during 2018 or 2019  calendar years to submit certain information from their federal tax returns to  the Department of Revenue and to certify the accuracy and truthfulness of the  information; and 
 
                                      - Requires  the Department to create a secure online application for the taxpayers to  submit the required information beginning September 3, 2019, and to impose a  penalty upon taxpayers who fail to timely provide the information.
 
                                    
 
                                    AIF supports a reduced corporate income tax on businesses to  encourage corporate growth and the expansion of employment opportunities in  Florida.