2022 Weekly Legislative Update Week 5: February 11, 2022

Wednesday marked the halfway point in the 2022 Legislative Session. This week saw a huge Chamber priority sent to the Governor, while next week much legislative attention will focus on the budget and congressional redistricting. COVID Liability Protections for Health Care Providers Head to Governor Yesterday, the Florida House passed SB 7014, related to COVID-19 liability protections for health care providers, by a bipartisan vote of 87-31. This bill, sponsored by Senator Danny Burgess and Representative Colleen Burton, is now headed to Governor Ron DeSantis’ desk. The passage of SB 7014 importantly extends the COVID-19 liability protections for health care providers through June 1, 2023. These protections are necessary to discourage frivolous “gotcha” litigation and protect employers that were substantially following governmental health and safety guidelines. The Florida Chamber has led the effort to pass SB 7014 and to protect those health care heroes that have been on the front lines since the start of the pandemic. As a reminder, the liability protections for the broader business community passed into law last year with the Chamber’s support continue to be in effect and do not require a legislative extension. Data Privacy Bill Propels Through First House Committee Thursday, the House Commerce Committee passed data privacy legislation unanimously, despite concerns from the business community on the potential impact to businesses. In a letter in advance to the committee and in public testimony, the Florida Chamber shared concerns about the scope of the current bill, the cost of compliance, and the use of a private right of action as an enforcement mechanism while pledging to continue working with the sponsor and stakeholders to improve the bill. The biggest concern is the private right of action if a business fails to correct, delete, or stop selling personal information. Florida’s broken legal climate is already hurting consumers and local businesses, and this bill could create a new cottage industry of plaintiff attorneys exacerbating this law. This, combined with the inability to cure accidental noncompliance, and a one-way attorney fee statute, means this could create the next litigation wave for Florida businesses already dealing with our bottom-5 legal climate. The Florida Chamber also spoke to the cost of compliance and concerns that this bill captures a wider net of companies than “big tech.” Florida Supreme Court Takes Up “Inflated Medical Damages” Case Earlier this week, the Florida Supreme Court heard oral arguments in Elaine Dial v. Calusa Palms Master Association, Inc, an important case that could tackle inflated medical damages, also known as “Accuracy in Damages”. At the center of this case is entering into evidence the amount that is paid for medical damages, not just the amount billed, which are often two very different numbers. The Florida Chamber Litigation & Regulatory Reform Center filed an amicus curiae brief along with the Florida Justice Reform Institute, the Florida Trucking Association and the American Property Casualty Insurance Association, arguing that the Court should adopt an effort to ensure maximum transparency in medical billing for tort claims. This would not only prevent inflated jury awards for past medical damages, but for future damages, noneconomic damages and sometimes punitive damages. The legislature has failed to address this issue after more than a decade of advocacy efforts and the Supreme Court could address this evidentiary standard when it releases an opinion on this case. Next Week Is (Mostly) About the Money This week, the House and Senate passed their budgets through their respective Appropriations Committee and will be taking these bills up on the Floor next week. The legislature will then use the conference committee process to iron out differences in the two budgets before passing a final budget before the end of session, scheduled for March 11th. This means that the budget must be finalized and printed by March 8th in order to meet the constitutionally required 72- hour “cooling off” period before legislators can vote on the budget. Below are some highlights of key areas the Florida Chamber is monitoring compared to the Governor’s recommendations that were released in December. The Florida Chamber will continue to advocate for full funding for economic development efforts, tourism marketing and attainable workforce housing and encourages job creators to weigh in with their support for these important programs with their state legislators as well. Engage with us at these Upcoming Events: Southeastern Leadership Conference on Safety, Health + Sustainability A message from Mike Rowe: March 30 - April 1 Disney's Contemporary Resort Only one week left to register for 20% off the regular registration pricing (ends Feb.18) for the Florida Chamber Safety Council's Annual Conference! Your conference experience will include: • Three nationally-recognized keynotes including Mike Rowe from the hit show Dirty Jobs, Bill Yeargin CEO of Correct Craft and Bestselling Author and Psychologist Dr. Henry Cloud  • A Welcome Reception w/ food and live music • Two luncheons with a keynote address • An Exhibit Hall with diverse companies that provide goods and services to all industries • A Disney Magic Dinner w/ dessert and fireworks • 24 breakout sessions with presentations from companies including Amazon, AdventHealth, Ryder, OSHA, ABC Fine Wine & Spirits, the FBI and more! DETAILS & REGISTRATION 2022 Florida Transportation, Growth & Infrastructure Solution Summit April 28 Marriott Jacksonville  Florida is growing quickly. It is estimated that Florida will grow by four million more residents by the year 2030 to a total population of 26 million – bringing both challenges and opportunities to Florida’s diverse business climate. Join us at this event to engage with Florida’s business and community leaders on creating solutions for resiliency and growth in industries that are key to securing Florida’s future. LEARN MORE

More Chamber News & Chamber Views-  The Florida Supreme Court declined Thursday to issue an Advisory Opinion requested by Governor Ron DeSantis on a minority access district spanning from Duval to Gadsden County. This means that the House and Senate will move forward with their redistricting efforts by drafting a congressional map and the Governor will have veto authority before the map is reviewed by the Florida Supreme Court. Proposed Florida House and Senate district maps have already been sent to the Governor. SB 800 & HB 685, related to rural economic development, both had their second committee hearings this week and have one committee stop remaining. These bills incentivize economic development in rural communities and improve access to rural economic development programs, which are key components to realizing the 2030 Blueprint goal of doubling rural county share of GDP by 2030. The Senate Community Affairs Committee took up Net Metering this week, which passed on a party line vote. SB 1024 modernizes Florida’s net metering policy to correct what has become a regressive policy due to the substantial growth in renewable energy resources. The proposed changes will ensure that energy customers in Florida pay their fair share and are not subsidizing the cost of solar generation to maintain a secure, resilient, and robust electrical grid. Legislation to repeal Florida’s Personal Injury Protection auto insurance and replace it with a mandatory Bodily Injury policy moved in the House this week despite the Governor’s veto of similar legislation after last year’s legislative session. The Florida Chamber and groups in the insurance and medical community testified against the bill. HB 1525 does not address necessary litigation reform to lower costs, and with higher minimum insurance limit requirements, would increase auto insurance costs on those that can least afford it. On Wednesday, the Florida Chamber supported SB 2508 in the Senate Appropriations Committee. The bill reaffirms the importance of Lake Okeechobee water supply management for Florida’s water quality and quantity needs and ensures that the South Florida Water Management District continues to balance its statutory duties. The bill also protects state primacy over decisions that impact Florida’s water supply, which is vital to protecting our natural resources and sustaining our state’s rapid growth. The bill will be heard on the Senate Floor next week.   Spotted: St. Pete Chamber, UCF Day at the Capitol (Charge On!), the Winter Haven Chamber, FSU Day at the Capitol (Go Noles!), the Hernando Chamber for Hernando Days, Destin Chamber, and realtors from across the state for Great American Realtor Days

Below is a comprehensive review of legislative activity from Week 5 of the 2022 Legislative Session.

Improving Florida's Talent Pipeline for a Better Workforce

Computer Science and Technology Instruction Reinforces the importance of computer science and technology instruction in all K-12 grade levels and allows qualifying computer science courses and certifications to count toward high school graduation requirements.

SB 790: Sen. Ed Hooper The Senate did not take action this week. HB 365: Rep. Fred Hawkins The House did not take action this week.

Student Assessments Replaces the end of the year Florida Statewide Assessment with a state standards-aligned progress monitoring testing system to better support student growth and improvement throughout the year.

SB 1048: Sen. Manny Diaz, Jr. Passed Senate Appropriations Committee 18-0. HB 1193: Rep. Rene Plasencia The House did not take action this week.

Apprenticeship Tax Credit Provides a tax credit for Florida businesses who employ an apprentice to offset training costs and encourage the expansion of specialized apprenticeship programs.

A Senate Bill Has Not Been Filed HB 1447: Rep. Mike Giallombardo Passed Secondary Education & Career Development Subcommittee 16-0, now in Ways & Means Committee.

Schools of Innovation Expands and makes permanent a Chamber-backed program that increases public school instructional flexibility by allowing students to progress based on the mastery of concepts and skills.

SB 766: Sen. Jason Brodeur The Senate did not take action this week. HB 961: Rep. Nick DiCeglie The House did not take action this week.

Creating Quality Jobs by Diversifying Florida's Economy

Film, Television and Digital Media Project Rebate Program Creates the Targeted High Wage Production Program to broaden the film, television and digital media industry in Florida, create high wage jobs and encourage the production of family-friendly movies and television.

SB 946: Sen. Joe Gruters The Senate did not take action this week. HB 217: Rep. Dana Trabulsy The House did not take action this week.

Florida Tourism Marketing Reauthorizes VISIT FLORIDA, the state's tourism marketing arm, beyond October 1, 2023, to provide certainty and allow VISIT FLORIDA to long-term plan and hire top talent.

SB 434: Sen. Ed Hooper Passed Senate 36-1, now in House Messages. HB 489: Rep. Linda Chaney The House did not take action this week.

Rural Economic Development Encourages development and job growth in opportunity zones and rural communities.

SB 800: Sen. Ben Albritton Passed Senate Finance and Tax Committee, 7-0. HB 685: Rep. Brad Drake Passed Infrastructure & Tourism Appropriations Subcommittee 12-0, now in Commerce Committee.

Crowdfunding Enhances capital formation opportunities for small businesses and provides investor protections.

SB 1880: Sen. Joe Gruters The Senate did not take action this week. HB 779: Rep. Joe Harding The House did not take action this week.

Capital Investment Tax Credit Expands the Capital Investment Tax Credit program to include intellectual property as a form of capital investment.

SB 1878: Sen. Joe Gruters The Senate did not take action this week. A House Bill Has Not Been Filed

Improving Florida's Infrastructure for Smart Growth and Development

Electric Vehicle Charging Infrastructure and Fees Expands the charging network for electric vehicles through a grant program that derives funding from an annual electric vehicle flat fee.

SB 918: Sen. Jeff Brandes The Senate did not take action this week. SB 908: Sen. Jeff Brandes The Senate did not take action this week. A House Bill Has Not Been Filed

Net Metering Ensures that all energy customers pay their fair share for the maintenance of Florida's reliable, efficient, and resilient energy grid.

SB 1024: Sen. Jennifer Bradley Passed Senate Community Affairs Committee 6-3, now on Rules Committee Agenda for 2/15. HB 741: Rep. Lawrence McClure The House did not take action this week.

Environmental Resources Provides a framework for continuing existing water supply management efforts by the South Florida Water Management District and reaffirms the importance of Lake Okeechobee water supply management for Florida's water quality and quantity needs.

SB 2508: Sen. Ben Albritton Passed Appropriations 16-4, placed on Special Order Calendar for 2/17. A House Bill Has Not Been Filed

Building the Perfect Climate for Business

Property Insurance Increases competitiveness in the property insurance marketplace by allowing for more takeouts from Citizens Property Insurance, the state's intended insurer of last resort.

SB 186: Sen. Jeff Brandes The Senate did not take action this week. SB 1728: Sen. Jim Boyd The Senate did not take action this week. HB 1307: Rep. Tommy Gregory The House did not take action this week.

Contingency Risk Multiplier Returns the use of the contingency fee multiplier to rare and unusual circumstances to address out of control attorney fees in commonplace insurance litigation.

SB 1910: Sen. Joe Gruters The Senate did not take action this week. A House Bill Has Not Been Filed

Motor Vehicle Insurance Repeals Florida's no-fault Personal Injury Protection system and requires Bodily Injury Protection Auto Insurance. HB 1525 does not include necessary bad faith reform which will be necessary to stem litigation by switching to the new system.

SB 150: Sen. Danny Burgess The Senate did not take action this week. HB 1525: Rep. Erin Grall Passed Civil Justice & Property Rights Subcommittee 15-3, now in Judiciary Committee.

Right to Farm Undoes key protections under the "Right to Farm Act" that is intended to protect legacy farming operations.

SB 1102: Sen. Gary Farmer, Jr. The Senate did not take action this week. HB 6085: Rep. Anna Eskamani The House did not take action this week.

Recovery of Damages in Claims for Medical Negligence Drives up medical malpractice insurance rates by broadening the scope of who is allowed to collect damages in medical negligence claims.

SB 262: Sen. Ana Maria Rodriguez The Senate did not take action this week. HB 6011: Rep. Spencer Roach The House did not take action this week.

Recovery for Wrongful Death Drives up medical malpractice insurance rates by broadening the scope of who is allowed to collect damages in medical negligence claims.

SB 560: Sen. Ana Maria Rodriguez The Senate did not take action this week. HB 6039: Rep. Yvonne Hayes Hinson The House did not take action this week.

Solicitation of Nonmedical Services Improves health safety by adding certain requirements and disclosures for advertisements that intend to solicit legal services from patients of medical devices and pharmaceuticals.

SB 1762: Sen. Jeff Brandes The Senate did not take action this week. HB 1537: Rep. Clay Yarborough The House did not take action this week.

Discrimination in Labor and Employment Interferes in employment practices by prohibiting a job creator from requesting or relying on previous wage or salary information to interview, hire, promote or employ an employee.

SB 322: Sen. Linda Stewart The Senate did not take action this week. HB 293: Rep. Geraldine Thompson The House did not take action this week.

Unlawful Employment Practices Creates a new state cause of action by adding military status to the list of protected classes under which it is unlawful to discriminate for employment purposes.

SB 550: Sen. Janet Cruz The Senate did not take action this week. HB 853: Rep. Dan Daley The House did not take action this week.

Prevailing Wage Prohibits local governments from mandating higher than the state minimum wage in contracts, purchase agreements or in procurement practices.

SB 1124: Sen. Joe Gruters The Senate did not take action this week. HB 943: Rep. Joe Harding The House did not take action this week.

Wage & Employment Benefits Requirements Removes the statewide preemption for minimum wage and employment benefits, thereby creating a patchwork of regulations across Florida's cities and counties.

SB 446: Sen. Annette Taddeo The Senate did not take action this week. HB 6047: Rep. Carlos Smith The House did not take action this week.

Family and Medical Leave Creates a business and employee funded family leave state fund for parents who just gave birth, adopted or fostered a child, requires employers to maintain health coverage and allow up to 12 months leave from employment. The fund provides 12 weeks of paid leave per year for covered individuals.

SB 688: Sen. Janet Cruz The Senate did not take action this week. SB 656: Sen. Janet Cruz The Senate did not take action this week. HB 627: Rep. Angela Nixon The House did not take action this week. HB 629: Rep. Angela Nixon The House did not take action this week.

Small Business Saturday Supports shopping at local small businesses by eliminating the sales tax on purchases on the Saturday after Thanksgiving.

SB 712: Sen. Annette Taddeo The Senate did not take action this week. HB 439: Rep. Carlos Smith The House did not take action this week.

Business Rent Tax Eliminates the Florida-only business rent tax after July 1, 2026.

SB 1558: Sen. Joe Gruters The Senate did not take action this week. HB 6093: Rep. Tommy Gregory The House did not take action this week.

Corporate Income Tax Mitigates a $1.2 billion corporate income tax increase by addressing key provisions of the federal Tax Cuts and Jobs Act in Florida's tax code.

SB 1090: Sen. Joe Gruters The Senate did not take action this week. A House Bill Has Not Been Filed

Tax Exemptions Improves the Florida R&D Tax Credit by increasing the amount of credits available and provides a documentary stamp tax exemption for federal emergency loans.

SB 952: Sen. Joe Gruters The Senate did not take action this week. HB 1293: Rep. Tommy Gregory The House did not take action this week.

Consumer Data Privacy Regulates companies that collect or sell consumer data and provides consumers the right to request that data be deleted, not sold, or corrected. The House bill contains a private right of action as an enforcement mechanism.

SB 1864: Sen. Jennifer Bradley The Senate did not take action this week. HB 9: Rep. Fiona McFarland Passed House Commerce Committee 23-0.

Making Government and Civics more Efficient and Effective

Supermajority Vote for Preemption Proposes an amendment to the State Constitution that would require a supermajority vote to pass preemption legislation, making it harder for the legislature to prevent a patchwork of unnecessary or burdensome regulations.

SB 152: Sen. Gary Farmer, Jr. The Senate did not take action this week. A House Bill Has Not Been Filed The House did not take action this week.

Requiring Broader Public Support for Constitutional Amendments Protects Florida's foundational document by proposing an amendment to the Constitution that would increase the threshold of voter approval to further amend the State Constitution.

SB 950: Sen. Ana Maria Rodriguez The Senate did not take action this week. HB 177: Rep. Rick Roth The House did not take action this week.

Amendments of the State Constitution by Citizen Initiative Protects Florida's foundational document from special interests by proposing an amendment to the State Constitution that would limit citizens initiatives to procedural subjects or the structure of government.

SB 1412: Sen. Jason Brodeur Passed Senate Ethics and Elections Committee 5-4. HB 1127: Rep. Mike Beltran The House did not take action this week.

Local Ordinances Prevents burdensome regulations by requiring local governments to adopt a business impact statement before the adoption of an ordinance and awards attorney fees if it is found by the courts that a local ordinance is arbitrary or unreasonable, or that the ordinance is prohibited by law.

SB 280: Sen. Travis Hutson Passed Senate 28-8, now in House Messages. HB 403: Rep. Mike Giallombardo The House did not take action this week.

Local Government Allows businesses to recover damages from local governments if an ordinance or local governmental provision creates a significant loss in revenue.

SB 620: Sen. Travis Hutson Passed Senate 22-14, now in House Messages. HB 569: Rep. Lawrence McClure The House did not take action this week.

Preemption of Recyclable and Polystyrene Materials Removes a Chamber-backed preemption on local ordinances relating to polystyrene products.

SB 320: Sen. Linda Stewart The Senate did not take action this week. HB 6063: Rep. Michael Grieco The House did not take action this week.

Preemption of Over the Counter Drugs Removes a Chamber-backed preemption on local ordinances related to sunscreen and over-the-counter drugs and cosmetics.

A Senate Bill Has Not Been Filed HB 6019: Rep. Anna Eskamani The House did not take action this week.

Preemption of Vacation Rentals Removes a Chamber-backed preemption of vacation rental regulation.

A Senate Bill Has Not Been Filed HB 6033: Rep. Michael Grieco The House did not take action this week.

Rights of Nature Repeals a Chamber-backed provision that outlaws the "rights of nature" legal doctrine in Florida.

SB 1854: Sen. Gary Farmer, Jr. The Senate did not take action this week. HB 6003: Rep. Anna Eskamani The Senate did not take action this week.

Employee Organizations Creates transparency and accountability in the collection of union dues for public sector employees.

SB 1458: Sen. Dennis Baxley The Senate did not take action this week. HB 1197: Rep. Scott Plakon Passed State Administration & Technology Appropriations Subcommittee 9-6, now in State Affairs Committee.

Championing Florida's Quality of Life

COVID-19 Liability Protections - Health Care Extends the commonsense COVID-19 liability protections expiring for health care facilities to continue to protect our healthcare heroes as the pandemic continues.

SB 610: Sen. Jeff Brandes The Senate did not take action this week. SB 7014: Sen. Danny Burgess Ordered enrolled 2/10/22. HB 7021: Rep. Colleen Burton Laid on Table, Refer to SB 7014. Passed House Floor 87-31.

Higher Education Creates the LINE Fund to incentivize collaboration between nursing education programs and health care partners to expand access to nursing education and produce a pipeline of high-quality nursing graduates ready to enter the workforce. Also creates the PIPELINE Fund to reward performance excellence.

A Senate Bill Has Not Been Filed HB 5201: Rep. Rene Plasencia Passed Appropriations 20-7, placed on Special Order Calendar for 2/15/22.

Florida Kidcare Program Income Eligibility Increases the Florida Kidcare Program income eligibility threshold to reduce fiscal cliffs and facilitate a pathway for families towards economic self-sufficiency.

SB 640: Sen. Ed Hooper The Senate did not take action this week. SB 1422: Sen. Keith Perry The Senate did not take action this week. HB 419: Rep. Chip LaMarca The House did not take action this week. HB 1181: Rep. Robin Bartleman The House did not take action this week.

Florida Chamber of Commerce l www.FLChamber.com

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