Daily Legislative Brief from April 18, 2019
                                  
                                  Legal & Judicial                                    
                                    HB 7111 – Relating to Constitutional Amendments
                                    On Thursday, April 18, HB 7111, sponsored by the  House Judiciary Committee, was heard in the House State Affairs Committee and was  reported favorably with 15 yeas and 8 nays. AIF’s Senior Vice  President of State and Federal Affairs, Brewster Bevis, stood in support of  this legislation.
                                    This bill changes the process for amending the  constitution by citizen initiative by:
                                    
                                      - Requiring that a  petition-gatherer:
 
                                       
                                        - Register with the  Secretary of State prior to obtaining signatures.
 
                                        - Not be paid based on the number of petitions  gathered. 
 
                                      
                                      - Requiring the  Secretary of State to publish on its website position statements on proposed  amendments received from interested persons.
 
                                      - Directing the  Financial Impact Estimating Conference (FIEC) to:
 
                                      
                                        - Estimate the  amendment's impact on the state and local economy.
 
                                      
                                   
                                      - Requiring the ballot  summary to include:
 
                                     
                                        - The name of the  initiative's sponsor and the percentage of contributions received by the  sponsor from in-state donors;
 
                                        - If the amendment  will cost money or have an indeterminate impact; and
 
                                        - A Supreme Court determination as to whether the proposed  policy can be implemented by the Legislature without the need for a  constitutional amendment. 
 
                                      
                                      - Directing the  Attorney General, when seeking Supreme Court review of an amendment, to ask the  Court to:
 
                                      
                                        - Address whether the  proposed policy can be implemented by the Legislature; and
 
                                        - Identify any  undefined terms in the amendment that will have a substantive impact; and
 
                                        - Address whether the  amendment creates any constitutional issues.
 
                                      
                                  
                                    
                                    HB 7111 will now move to the House floor.                     
AIF  supports legislation that adds transparency and accountability to amending the  Florida constitution by citizen imitative.
                                   
                                  Energy
                                      
                                    HB  797 – Relating to Public Utility Storm Protection Plans 
                                                                        On Thursday, April 18, HB 797 by Representative Randy Fine (R-Palm Bay) was heard in the House  Commerce Committee and was  reported favorably with 21 yeas and 0 nays. AIF stood in support of  this legislation.
                                                                        This bill aims to harden Florida’s utilities grid  against tropical storm and hurricane damage with proposed under-grounding of  electric infrastructure. The bill would require public utility companies  (Florida Power and Light, Duke Energy Florida, Gulf Power Company, Tampa  Electric Company, and the Florida Public Utilities Corporation) to submit a  transmission and distribution storm protection plan to the Public Services  Commission, with updates required at least every three years. Data collected  after Hurricane Irma showed that underground lines suffered minimal outages  during storms. 
                                     HB 797 will now move to the House floor.
AIF supports actively seeking ways to  harden our state’s infrastructure and more effectively prepare for hurricanes  and tropical storms to ensure that power is quickly restored.  
                                   
                                
                                  Insurance
                                    SB  714 – Relating to Insurance
                                                                        On Thursday, April 18,  SB 714 by Senator Jeff Brandes (R-Saint Petersburg) was heard in the Senate  Appropriations Committee and was reported favorably with 18 yeas and 1 nay.. AIF’s Senior  Vice President of State and Federal Affairs, Brewster Bevis, stood in support  of this legislation.
                                                                        This bill amends several insurance-related statutes,  specifically:
                                    
                                      - Requires  the Florida Hurricane Catastrophe Fund (FHCF) to reimburse a covered insurer’s  loss adjustment expenses at 10 percent of the insurer’s loss reimbursement,  instead of 5 percent as under current law; 
 
                                      - Authorizes  insurers to transfer title of totaled motor vehicles or mobile homes to the  Department of Highway Safety and Motor Vehicles electronically as well as  through regular mail; 
 
                                      - Provides  that workers compensation insurance applicants and their agents are no longer  required to have their sworn statements notarized; 
 
                                      - Allows  an insurer to offer and give insureds goods or services of any value for the  purposes of loss control or loss mitigation related to covered risks. Currently  it is an unfair insurance trade practice to provide items or services to an  insured valued at more than $100 per year;
 
                                      - Allows  a property, casualty, or surety insurer to offer a premium discount for a  policy if another policy has been purchased from a different insurer that: 
 
                                      
                                        - Has a joint marketing arrangement with the  insurer offering the discount; 
 
                                        - Issued the policy pursuant to the Citizens  clearinghouse program if the same agent is servicing both policies; or 
 
                                        - Has its policy serviced by the same agent  who is servicing the discounted policy. 
 
                                      
                                      - Requires  a premium discount offered by a property, casualty, or surety insurer to be  actuarially sound.
                                        
                                       
                                    
                                    SB 714 will now move to the Senate floor.
                                    AIF supports legislative efforts to reduce insurance rates to  maintain Florida’s business friendly climate.
                                   
                                
                                  Economic Development
                                    SB 770 – Relating to Workforce Education
                                                                        On Thursday, April 18, SB 770 by Senator Travis Hutson  (R-Palm Coast) was heard in the Senate Appropriations Committee and was  reported favorably with 17 yeas and 0 nays. AIF’s Senior Vice  President of State and Federal Affairs, Brewster Bevis, stood in support of  this legislation.
                                                                        This bill promotes career education and readiness  opportunities for students in public schools by creating an alternative  pathway, namely the career and technical education (CTE) graduation pathway  option, for students to earn a standard high school diploma, and specifies  related requirements. Specifically, the bill: 
                                    
                                      - Requires  students to successfully complete at least 18 credits to receive a standard  high school diploma under the CTE graduation pathway option;
 
                                      - Modifies  the 24-credit pathway for earning a standard high school diploma by revising  computer science credit substitution for mathematics or science credits;
 
                                      - Revises  the acceleration mechanism component for the school grade calculation for high  schools by specifying that dual enrollment courses include career clock-hour  dual enrollment courses;
 
                                      - Creates  the Florida Pathways to Career Opportunities Grant Program to enable high  school and Florida College System institutions to offer applied learning  opportunities for students in high-demand career pathways linked to occupations  that will provide students with mid-level and high-level wages; 
 
                                      - Requires  district school boards to declare a “College and Career Decision Day” to  recognize high school seniors and encourage them to prepare for college and  pursue advanced career pathways. 
                                        
                                       
                                    
                                    SB 770 will now move to the Senate floor.
                                    AIF supports efforts to grow  the talent pipeline to maintain the competitive edge Florida businesses have  come to expect in the state.
                                   
                               
                                 Environmental
                                 SB  816 – Relating to Environmental Regulation
                                                                     On Thursday, April 18, SB 816 by Senator Keith Perry  (R-Gainesville) was heard in the Senate Appropriations Committee and  was reported favorably with 18 yeas and 0 nays. AIF’s Senior Vice  President of State and Federal Affairs, Brewster Bevis, 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 floor.
                                    AIF supports legislative  efforts to achieve the statewide 75% recycling goal which helps keep Florida  clean, creates jobs, and maintains our strong tourism industry.
                                   
                                
                                  Transportation
                                    SB  932 – Relating to Autonomous Vehicles 
                                                                        On Thursday, April 18, SB 932 by Senator Jeff Brandes (R-St.  Petersburg) was heard in the Senate Appropriations Committee and was reported favorably with 20 yeas and 0 nays. AIF’s  Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in  support of this legislation.
                                                                        These bills authorize the use of  vehicles in autonomous mode in the state. The autonomous technology would be  considered the human operator of the motor vehicle and provides that various  provisions of law regarding motor vehicles such as rendering aid in the event of  a crash do not apply to vehicles in autonomous mode if the vehicle owner, or  person on behalf of the owner, promptly contacts law enforcement. The  bill also specifies that statutory provisions relating to unattended motor  vehicles, wireless communication devices, and television receivers do not apply  to autonomous vehicles (AVs) operating with the automated driving system  engaged. The bills also remove the requirement for a person to possess a valid  driver license to operate a fully autonomous vehicle.
                                     SB 932 will now move to the Senate floor.
                                  AIF supports modernizing state law to  accommodate for self-driving technologies that open the door for safe, reliable  modes of AVs in a competitive marketplace with clear, limited government  regulations.
                                    SB 1044 – Relating to the Department of Transportation
                                     On Thursday, April 18, SB 1044 by Senator Ben Albritton (R-Bartow) was  heard in the Senate Appropriations Committee and was reported favorably with 20 yeas and 0 nays.. AIF’s  Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in  support of this legislation.
                                                                          This bill addresses  various issues relating to the Florida Department of Transportation (FDOT).  Specifically, the bill:
                                    
                                      - Revises the FDOT’s  authorization for innovative highway projects to include innovative  transportation projects demonstrating techniques of bridge design. 
 
                                      - Prohibits a local  government from adopting standards and specifications for aggregate materials  that are contrary to the FDOT’s standards or specifications. 
 
                                      - Prohibits a  contractor who has not satisfactorily completed two projects, each in excess of  $25 million, from bidding on FDOT contracts in excess of $50 million.
                                        
                                       
                                    
                                    SB 1044 will now move to the Senate floor..
                                  
AIF supports legislation that positively reforms FDOT to provide  high-quality transportation infrastructure to Floridians and businesses  operating on our roadways.
                                   
                                
                                  Taxation
                                    SB  1000 – Relating to Communication Services
                                                                        On Thursday, April 18, SB 1000 by Senator Travis  Hutson (R-Palm Coast) was heard before the Senate Appropriations Committee and was  reported favorably with 18 yeas and 1 nay. AIF’s  Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in  support of this legislation.
                                                                        This bill changes the way  the use of public rights-of-way by providers of communications services are  governed. Specifically:
                                    
                                      - Creating a civil  cause of action for any person aggrieved by a violation of the right-of-way  statute;
 
                                      - Prohibiting a  local government from instituting, “either expressly or de facto, a moratorium  or other mechanism that would prohibit or delay” permits for collocation of  small wireless facilities or related poles;
 
                                      - Deleting the  authority for a local government to require performance bonds and security  funds. Instead, the bill allows them to require a construction bond;
 
                                      - Allowing a  provider of communications services to add a local government to any existing  bond, insurance policy, or other financial instrument, and requiring the local  government to accept such coverage; 
 
                                      - Prohibiting a  local government from requiring a permit applicant to provide inventories,  maps, or locations of communication facilities in the rights-of-way, unless it  is necessary to avoid interference with existing facilities.
                                        
                                       
                                    
                                    SB 1000 will now move to the Senate floor.
                                     AIF supports legislation that will both  reduce the communications services permitting process and have a positive financial  impact on Florida’s consumers, many of whom are businesses that pay for cable  or satellite service.
                                    HB  693 – Relating to Communication Services
                                                                        On Thursday, April 18,  HB 693 by Representative Jason Fischer (R-Jacksonville) was heard before the House  Commerce Committee and was reported favorably with 21 yeas and 1 nay. AIF’s Senior Vice  President of State and Federal Affairs, Brewster Bevis, stood in support of  this legislation.
                                                                        This bill changes the way  the use of public rights-of-way by providers of communications services are  governed. Specifically:
                                    
                                      - Removes  the ability of local governments to elect to charge limited permit fees for use  of the ROW but grandfathers local governments who currently require such fees; 
 
                                      - Establishes  limits on registration requirements imposed by local governments; 
 
                                      - Prohibits  local governments from imposing requirements and charges for the placement or  operation of communications facilities in the ROW by authorized providers;
 
                                      - Prohibits  local governments from prohibiting, regulating, or charging for installation,  operation, and other work done on utility poles used to collocate small  wireless facilities (SWFs) in the ROW;
 
                                      - Exempts  utility poles used to support SWFs from authority rules and regulations  governing the placement of utility poles in the ROW;
 
                                      - Repeals  a requirement on wireless providers to comply with certain undergrounding  requirements.
                                        
                                       
                                    
                                    HB 693 will now move to the House floor.
                                     AIF supports legislation that will both  reduce the communications services permitting process and have a positive  financial impact on Florida’s consumers, many of whom are businesses that pay  for cable or satellite service.
                                    SB  576 – Relating to Back-to-School Sales Tax Holiday
                                                                        On Thursday, April 18, SB 576 by Senator Keith Perry (R-Gainesville)  was heard in the Senate Appropriations Committee and was reported favorably  with 18 yeas and 0 nays. AIF’s Senior  Vice President of State and Federal Affairs, Brewster Bevis, stood in support  of this legislation.
                                                                        This bill establishes a  10-day sales tax holiday beginning Friday, August 2, 2019, and ending Saturday,  August 11, 2019. During the holiday, certain purchases of clothing, school  supplies, and personal computers are exempt from the state sales tax and county  discretionary sales surtaxes. The bill allows a business to not participate in  the holiday if less than 5% of the business’s gross sales of tangible personal  property in the prior calendar year consist of items that would be exempt. 
                                     SB 576 will now move to  the Senate floor.
                                    AIF supports sales tax holidays that  encourage supporting local business by incentivizing consumers.
                                   
                                
                                  Health Care
                                  SB 1192- Relating to Electronic Prescribing
                                                                      On Thursday, April 18,  SB 1192 by Senator Aaron Bean (R-Jacksonville) was heard in the Senate  Appropriations Committee and was reported favorably with 19 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. This bill requires a prescription that is  electronically generated and transmitted to contain an electronic signature  from the prescribing practitioner, and requires such practitioner to, under  specified conditions except in certain circumstances, exclusively transmit  prescriptions electronically for medicinal drugs upon license renewal or by  July 1, 2021, whichever is earlier. 
                                   SB 1192 will now move to the Senate floor.
                                    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.