Florida Chamber Weekly Legislative Update: Week 5

2021 Weekly Legislative Update

Week 5: April 2, 2021

COVID Liability Protections Legislation Signed by Gov. DeSantis

On Monday, Governor Ron DeSantis signed into law SB 72, Chamber-backed COVID Liability Protections legislation. Flanked by bill sponsors, legislative leadership, CFO Jimmy Patronis, and the band Highway 85, the Governor observed, “We don’t want to be in a situation where people are scared of being sued, just for doing normal things, and so we worked very early on to look at ways that we could provide some certainty for both businesses, and healthcare providers. This was obviously a top priority for many of us up here. And I think that the legislature has been able to deliver today.” The Chamber has advocated for these commonsense protections for businesses and healthcare providers since the earliest days of the pandemic. Upon signing the legislation, which is the first bill of the 2021 legislative session to be signed into law, Chamber President and CEO Mark Wilson released the following statement:

“The Florida Chamber thanks Governor DeSantis for his leadership in protecting Florida’s business community and appreciates the priority that has been placed on these protections for Florida’s job creators. COVID-19 lability protections for Florida’s job creators has been a top priority for the Florida Chamber since day one of the global pandemic. With today’s signing of SB 72 by Governor DeSantis, Florida’s businesses and health care facilities who continue to do their best to keep employees, customers and patients safe will no longer have to fear frivolous lawsuits as they continue relaunching Florida’s economy.”

Business Rent Tax Reductions Added to House Online Sales Tax Bill

HB 15 just keeps getting better. Three weeks ago, House Speaker Chris Sprowls and Senate President Wilton Simpson announced a plan to tie Mainstreet Fairness and the unemployment compensation tax, using revenue from the collection of sales tax on internet purchases to replenish the unemployment compensation trust fund and avoid a $713 million tax increase. Shortly prior to the hearing of HB 15 in the House Commerce Committee, the Speaker and President announced a deal to also reduce the business rent tax from 5.5% to 2%, which was filed and passed as an amendment in Committee. Florida is the only state to levy a business rent tax and one of only two (Missouri) that has not passed legislation to level the playing field between brick and mortar, local businesses and their out-of-state online competitors. So not only does the bill level the playing field for main street businesses and avoid an inadvertent $713 million tax increase this year alone due to the pandemic, but the bill will now save businesses annually over $1 billion by allowing for the biggest business rent tax reduction since we’ve started advocating to eliminate this tax. The business rent tax reduction will not take effect until after the unemployment compensation trust fund reaches a balance of pre-pandemic levels of more than $4 billion, which will be in about 4 years. Ultimately, this is a win, win, win for the business community, or what we like to call the triple crown.

Efforts to Further Protect Our Constitution Advance

Both House and Senate legislative committees took action this week on two Florida Chamber-backed measures that will help further protect our state’s constitution from out of state special interests and billionaires with agendas. The Florida Chamber of Commerce believes that reforms are needed to protect the Florida Constitution and bring further transparency to the citizens initiative process. SB 1890, sponsored by Senator Ray Rodriguez, would cap donations to campaigns supporting constitutional amendments in a similar way to candidates, ensuring that the citizen’s initiative process reflects the will of

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the citizens plural, rather than just one individual. The House companion, HB 699 by Representative Payne, also passed out of committee this week. The second measure is a joint resolution which would increase the threshold for passage of constitutional amendments from 60% to 66.6%. Those bills, House Joint Resolution 61 by Representative Rick Roth, and Senate Joint Resolution 1238 by Senator Ana Maria Rodriguez, each have one remaining committee stop. Because these measures are proposing changes to the Florida Constitution itself, they require supermajorities in both chambers and ultimately citizen approval, which would take place on the 2022 ballot.

Pension Reform Readied for Senate Floor

Over significant objections from organized labor and with the support of the Florida Chamber of Commerce, the Senate Appropriations Committee passed SB 84, relating to Pension Reform. The measure, sponsored by Senator Ray Rodrigues, places new public employees who are not public safety personnel into a defined contribution rather than a defined benefit pension system, which will have the long term effect of lowering the risk to the state retirement system. Florida’s pension system is one of the world’s largest, with over $160 billion in assets, but its unfunded liabilities, which are the future obligations owed to current workers less the amount of in the fund, is over $30 billion and growing. Importantly, the proposed reforms do not adjust any of the benefits owed to retired or current employees and only impact future hires. The Florida Chamber thanks Senator Rodrigues for his efforts to keep Florida’s promises to our public servants while maintaining our state’s fiscal health.

Below is a comprehensive review of legislative activity from Week 5 of the 2021 Legislative Session.

Improving Florida's Talent Pipeline for a Better Workforce

Educational Scholarship Programs

Consolidates student scholarship programs and provides parents with more flexibility to meet the educational needs of their child.

SB 48: Sen. Manny Diaz, Jr.

Placed on Senate calendar for 2nd reading.

HB 7045: Employment & Education Committee

The House did not take action this week.

Apprenticeship and Preapprenticeship Programs

Develops detailed instructions on the process by which a local educational agency may partner with a private apprenticeship program sponsor to offer apprenticeship education and training services in the state.

SB 508: Sen. Jeff Brandes

The Senate did not take action this week.

HB 175: Rep. Jason Shoaf

The House did not take action this week.

Apprenticeship and Preapprenticeship Programs

Encourages partnership among state university boards of trustees and apprenticeship program sponsors to cooperate in developing and establishing apprenticeship and preapprenticeship programs that include career instruction.

SB 366: Sen. Travis Hutson

The Senate did not take action this week.

HB 791: Rep. Joe Harding

Passed the House Post-Secondary Education & Lifelong Learning Subcommittee, 16-0.

Early Learning and Early Grade Success

Expands accountability and assessment requirements for VPK providers, while giving Florida parents better information about the quality of VPK providers.

SB 1282: Sen. Gayle Harrell

The Senate did not take action this week.

HB 419: Rep. Erin Grall

Passed the House PreK-12 Appropriations Subcommittee, 15-0.

Workforce and Postsecondary Education

Promotes apprenticeships in occupations throughout Florida industries by increased coordination between secondary and postsecondary education institutions and businesses.

SB 1042: Sen. Jason Brodeur

The Senate did not take action this week.

HB 791: Rep. Joe Harding

Passed the House Post-Secondary Education & Lifelong Learning Subcommittee, 16-0.

Student Literacy

Establishes the Reading Achievement Initiative for Scholastic Excellence (RAISE) program to support schools identified as needing assistance based on data from the progress monitoring system and results from statewide, standardized English Language Arts assessments.

SB 1898: Sen. Ana Maria Rodriguez

The Senate did not take action this week.

HB 7011: Rep. Vance Aloupis

The House did not take action this week.

Creating Quality Jobs by Diversifying Florida's Economy

Entertainment Industry

Creates the Film, Television & Digital Media Targeted Rebate Program to encourage the production of family-friended movies and television in the state of Florida.

SB 704: Sen. Joe Gruters

The Senate did not take action this week.

HB 757: Rep. Dana Trabulsy

The House did not take action this week.

Florida Tourism Marketing

Reauthorizes VISIT FLORIDA and allows them to use carry-over funds from the previous year.

SB 778: Sen. Ed Hooper

The Senate did not take action this week.

HB 675: Rep. Rene Plasencia

The House did not take action this week.

Qualified Targeted Industry Tax Refund Program

Reauthorizes the Qualified Targeted Industry Tax Refund Program, an important program in Florida’s economic development toolkit. This program expired on June 30, 2020.

SB 982: Sen. Joe Gruters

The Senate did not take action this week.

HB 6071: Rep. Chip Lamarca

The House did not take action this week.

Improving Florida's Infrastructure for Smart Growth and Development

Water Storage

Expands water storage solutions for Central and South Florida.

SB 94: Sen. Jason Brodeur

The Senate did not take action this week.

A House Bill Has Not Been Filed

Electric Vehicle Fees and Charging Stations

Expands the charging network for electric vehicles while ensuring that electric vehicles pay their fair share of transportation usage fees.

SB 140: Sen. Jeff Brandes

The Senate did not take action this week.

SB 138: Sen. Jeff Brandes

The Senate did not take action this week.

HB 819: Rep. Andrew Learned

The House did not take action this week.

HB 817: Rep. Rene Plasencia

The House did not take action this week.

Autonomous Vehicles

Expands the opportunities for the lawful deployment of low speed, autonomous shuttles on public roadways.

SB 1620: Sen. Jeff Brandes

The Senate did not take action this week.

HB 1289: Rep. Fiona McFarland

Passed the House Tourism, Infrastructure & Energy Subcommittee, 17-0.

Repeal of the M-CORES Program

Repeals infrastructure and economic development investments.

SB 1030: Sen. Tina Scott Polsky

The Senate did not take action this week.

HB 763: Rep. Ben Diamond

The House did not take action this week.

State Funds

Protects the Sadowski Housing Trust Funds from legislative sweeps.

SB 510: Sen. Ed Hooper

The Senate did not take action this week.

HB 13: Rep. Sam Killebrew

The House did not take action this week.

Flooding and Sea Level Rise Resilience

Creates new programs, partnerships and data collection efforts to combat sea level rise.

SB 1954: Sen. Ray Rodrigues

Passed the Senate Appropriations Committee, 20-0.

Placed on Senate Special Order Agenda for 4/7/21.

HB 7019: Rep. Demi Busatta Cabrera

Placed on House Special Order Calendar for 4/7/21.

State Preemption of Energy Infrastructure Regulation

Prevents local governments from prohibiting natural gas fracking, nullify solar permitting ordinances, end renewable energy grant programs and eliminate county authority over pipelines along roadways.

SB 856: Sen. Travis Hutson

The Senate did not take action this week.

HB 839: Rep. Tom Fabricio

Passed the House Local Administration & Veterans Affairs Subcommittee, 15-0.

Building the Perfect Climate for Business

COVID-19 Liability Protections

Provides liability protections from claims that arise due to COVID-19 for businesses and other entities that are substantially complying with government health and safety guidelines to keep employees and customers safe.

SB 72: Sen. Jeff Brandes

Signed by Governor Ron Desantis on 3/29/21.

HB 7: Rep. Lawrence McClure

Previously passed the House.

COVID-19 Liability Protections - Health Care

Provides liability protections from claims that arise due to COVID-19 for health care providers that are complying with government health and safety guidelines.

SB 74: Sen. Jeff Brandes

Previously amended onto SB 72.

HB 7005: Rep. Colleen Burton

The House did not take action this week.

Inflated Medical Damages

Improves Florida’s bottom-five legal climate by allowing the jury to see the amount generally accepted for a medical procedure and limiting inflated medical damages listed on Letters of Protection.

SB 846: Sen. Jeff Brandes

The Senate did not take action this week.

HB 561: Rep. Randy Maggard

The House did not take action this week.

Farming Operations

Modernizes Florida’s Right to Farm Act and provides liability protections for farming operations that are following environmental standards.

SB 88: Sen. Jason Brodeur

The Senate did not take action this week.

HB 1601: Rep. Jayer Williamson

Passed the Environment, Agriculture & Flooding Subcommittee, 14-4.

Matters of Great Governmental Concern

Allows the Attorney General to declare an issue a matter of “great governmental concern” and consolidate civil litigation on behalf of local governments.

SB 102: Sen. Danny Burgess

Passed the Senate Community Affairs Committee, 5-4.

HB 1053: Rep. Toby Overdorf

The House did not take action this week.

Litigation Financing Consumer Protection

Protects consumers involved in litigation by creating transparency in litigation financing contracts, creates a state registration process for litigation financiers, and requires disclosure to the defendant that a litigation financing company has an interest in the outcome of the litigation.

SB 1750: Sen. Doug Broxson

The Senate did not take action this week.

HB 1293: Rep. Toby Overdorf

The House did not take action this week.

Medical Malpractice Damages

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

SB 1112: Sen. Ana Maria Rodriguez

The Senate did not take action this week.

HB 651: Rep. Spencer Roach

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 1992: Sen. Gayle Harrell

Temporarily postponed by the Senate Judiciary Committee.

HB 1483: Rep. Clay Yarborough

The House did not take action this week.

Property Insurance Claims

Addresses significant increases in property insurance rates by attempting to reduce litigation and cost drivers in the system.

SB 76: Sen. Jim Boyd

Read a Second Time, Placed on Third Reading 4/7/21.

HB 305: Rep. Bob Rommel

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 litigation.

SB 212: Sen. Jeff Brandes

The Senate did not take action this week.

A House Bill Has Not Been Filed

Auto Glass

Cracks down on auto glass assignment of benefits abuses by requiring a clear disclosure to the consumer that they are signing an AOB and requires notification to the insurer and customer before any litigation related to the assignment.

SB 906: Sen. Linda Stewart

The Senate did not take action this week.

A House Bill Has Not Been Filed

Public Emergencies and Assistance

Creates a presumption that if a person contracts COVID-19 during the course of employment and interferes in insurance contracts by specifying that a business’ compliance with a governmental order to close or reduce service counts as a business interruption for insurance purposes.

A Senate Bill Has Not Been Filed.

HB 1617: Rep. Evan Jenne

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 256: Sen. Linda Stewart

The Senate did not take action this week.

HB 107: Rep. Geraldine Thompson

The House did not take action this week.

Prohibited Discrimination Bases on Hairstyle

Creates a new cause of action by adding hairstyle to the list of protected classes under which it is unlawful to discriminate for housing or employment opportunities.

SB 476: Sen. Randolph Bracy

The Senate did not take action this week.

HB 179: Rep. Kamia Brown

The House did not take action this week.

Unlawful Discrimination Against Pregnant Employees

Interferes in the employer-employee relationship by creating new requirements for employers of pregnant employees.

SB 384: Sen. Ana Maria Rodriguez

The Senate did not take action this week.

HB 581: Rep. Dotie Joseph

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 304: Sen. Annette Taddeo

The Senate did not take action this week.

HB 6031: 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 and requires employers to maintain health coverage and allow up to 12 months leave from employment.

SB 1596: Sen. Janet Cruz

The Senate did not take action this week.

SB 1586: Sen. Janet Cruz

The Senate did not take action this week.

HB 1245: Rep. Angela Nixon

The House did not take action this week.

HB 1247: Rep. Felicia Robinson

The House did not take action this week.

Background Screen (Ban the Box)

Prohibits job creators from requesting information about an applicant’s criminal history prior to an initial job interview.

SB 1646: Sen. Bobby Powell

The Senate did not take action this week.

HB 1331: Rep. Joseph Casello

The House did not take action this week.

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Internet Sales Tax / Unemployment Compensation Trust Fund

Modernizes Florida’s tax code and levels the playing field for main street businesses by allowing for the collection of sales tax from internet retailers. Florida and Missouri are the only two states in the country that have not adopted an economic nexus to collect online sales tax after the Wayfair Supreme Court decision. Additionally, HB 15 deposits money into the unemployment compensation trust fund over the next several years to avoid the automatic $713 million tax increase Florida employers were faced with this year and to help replenish the trust fund.

SB 50: Sen. Joe Gruters

Place on the House Special Order Calendar for 4/7/21.

HB 15: Rep. Chuck Clemons

Passed the House Commerce Committee,

23-0.

Placed on House Special Order Calendar for 4/7/21.

Corporate Income Tax Increase

Increases Florida’s Corporate Income Tax Rate to pay for a new “Teach to Lead” program.

SB 1222: Sen. Shevrin Jones

The Senate did not take action this week.

HB 129: Rep. Yvonne Hinson

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 302: Sen. Annette Taddeo

The Senate did not take action this week.

HB 637: Rep. Allison Tant

The House did not take action this week.

Hospitals' Community Benefit Reporting

Removes duplicative reporting requirements for non-profit hospitals to qualify for property tax exemptions.

SB 58: Sen. Ana Maria Rodriguez

The House did not take action this week.

HB 6093: Rep. Joe Harding

The House did not take action this week.

Mandatory Unitary Combined Reporting

Requires a “water’s edge reporting method” to determine taxable profits for Florida income tax purposes, requires a unitary tax filing, and requires disclosure of corporate income, taxes and apportionment determinations for each state.

A Senate Bill Has Not Been Filed

HB 999: Rep. Fred Hawkins

The House did not take action this week.

Tax Exemptions

Exempts federal emergency loans from documentary stamp tax collections and provides for a disaster preparedness sales tax holiday.

SB 734: Sen. Joe Gruters

The Senate did not take action this week.

A House Bill Has Not Been Filed

Reemployment Assistance

Increases the maximum weekly benefit amount and the number of weeks for reemployment assistance. HB 207 and SB 466 also revises eligibility requirements for benefits and revises what constitutes a “good cause” for leaving employment to still be eligible for benefits.

SB 466: Sen. Randolph Bracy

The Senate did not take action this week.

SB 592: Sen. Bobby Powell

The Senate did not take action this week.

SB 644: Sen. Annette Taddeo

The Senate did not take action this week.

SB 910: Sen. Linda Stewart

The Senate did not take action this week.

SB 1906: Sen. Jason Brodeur

Passed the Senate Commerce and Tourism Committee, 9-1.

HB 207: Rep. Anna Eskamani

The House did not take action this week.

Motor Vehicle Insurance

Repeals Florida’s motor vehicle no-fault law (personal injury protection insurance) and creates mandatory a bodily injury coverage requirement.

SB 54: Sen. Danny Burgess

The Senate did not take action this week.

HB 719: Rep. Erin Grall

The House did not take action this week.

Data Privacy

Creates a new cause of action related to companies that collect, sell or use consumer data and creates new disclosure requirement for these companies.

SB 1734: Sen. Jennifer Bradley

Placed on the Senate Rules Agenda for 4/6/21.

HB 969: Rep. Fiona McFarland

The House did not take action this week.

Making Government and Civics more Efficient and Effective

Dues and Uniform Protections

Adds transparency and accountability to the collection of union dues from the paychecks of state workers.

SB 78: Sen. Ray Rodrigues

Placed on the Senate Rules Agenda for 4/6/21

HB 947: Rep. Scott Plakon

The House did not take action this week.

Retirement

Reforms the state's pension system.

SB 84: Sen. Ray Rodrigues

Passed the Senate Appropriations Committee, 12-8.

Placed on the Special Order Calendar for 4/7/21.

A House Bill Has Not Been Filed

Supermajority for Legislative Preemption

Increases the threshold needed for legislation ensuring the furtherance of statewide regulatory certainty for businesses to pass in the Legislature.

SB 540: Sen. Gary M. Farmer

The Senate did not take action this week.

A House Bill Has Not Been Filed

Removal of Union Transparency

Repeals a Chamber-backed transparency bill for public sector unions.

SB 610: Sen. Linda Stewart

The Senate did not take action this week.

A House Bill Has Not Been Filed

Rights of Nature

Repeals a Chamber-backed provision that outlaws the “rights of nature” legal doctrine in Florida.

A Senate Bill Has Not Been Filed

HB 6045: Rep. Anna Eskamani

The House did not take action this week.

Employee Organizations

Protects public sector employees by enforcing the Chamber-backed transparency efforts from the 2019 Legislative Session.

SB 1014: Sen. Dennis Baxley

Placed on Senate Rules Committee agenda for 4/6/21.

HB 835: Rep. Cord Byrd

Passed the House State & Administration & Technology Appropriations Subcommittee, 9-5.

Removal of Sunscreen Preemption

Repeals a Chamber-backed preemption on regulations for sunscreen and other over the counter drugs and cosmetics.

SB 1174: Sen. Linda Stewart

The Senate did not take action this week.

HB 6041: Rep. Anna Eskamani

The House did not take action this week.

E-Verify Mandate

Removes a Chamber-backed protection for employers that allows certain businesses to use existing systems to verify eligible employment.

A Senate Bill Has Not Been Filed

HB 6013: Rep. Anthony Sabatini

The House did not take action this week.

Removal of Polystyrene Preemption

Removes a Chamber-backed preemption on local ordinances relating to polystyrene products.

SB 594: Sen. Linda Stewart

The Senate did not take action this week.

HB 6027: Rep. Michael Grieco

The House did not take action this week.

Constitutional Amendment Reform

Increases the threshold for a constitutional amendment to be adopted.

SB 1238: Sen. Ana Maria Rodriguez

The Senate did not take action this week.

HB 61: Rep. Rick Roth

Passed the House Public Integrity & Elections Committee, 11-6.

Constitutional Amendment Finance Reform

Brings transparency and parity to the constitutional amendment fundraising system.

SB 1890: Sen. Ray Rodriguez

Passed the Senate Ethics and Elections Committee, 5-4.

Placed on Senate Rules Committee Agenda for 4/6/21.

HB 699: Rep. Bobby Payne

Passed the Public Integrity & Elections Committee, 11-5.

Championing Florida's Quality of Life

Autonomous Practice by an Advanced Practice Registered Nurse

Expands allowed general functions of APRNs to acts that are within their specialty.

SB 424: Sen. Jeff Brandes

The Senate did not take action this week.

HB 111: Rep. Randy Maggard

The House did not take action this week.

Economic Self-Sufficiency

Requires the Auditor General to conduct, at least every three years, performance audits of certain economic assistance and health care programs.

SB 414: Sen. Keith Perry

The Senate did not take action this week.

HB 1349: Rep. Vance Aloupis

The Senate did not take action this week.