2022 Weekly Legislative Update
Week 8: March 4, 2022
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Solar Changes on Horizon with New Net Metering Policy
On Wednesday, HB 741 related to Net Metering by Representative McClure passed off the House Floor and today, was taken up with its Senate companion, SB 1024 by Jennifer Bradley, on the Senate Floor for final passage. These bills modernize Florida’s net metering policy to correct what has become a regressive policy due to the substantial growth in renewable energy resources. The bill maintains the importance of continued investment in advanced and diversified technologies but prevents general ratepayers from subsidizing the full cost of electrical service, upgrades, and maintenance of the grid. Amendments added a glide path for net metering utility credits beginning in 2024 through 2028, a twenty-year grandfather clause, and the implementation of the new rules if the penetration rate of renewable energy exceeds 6.5% in a public utility service territory. Final passage of this bill is important to Florida’s businesses community because it ensures all customers pay their fair and equitable share to maintain a secure and robust electric grid. Reliable, cost-effective power is a competitiveness issue that must be protected as our population continues to grow at approximately 1,000 new residents every day.
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Student Assessments Receives Perfect Grade by Senate
An overhaul of Florida’s testing system is one step closer to final passage. SB 1048 related to Student Assessments, by Senator Manny Diaz, unanimously passed off the Senate Floor 38-0 and is now in House Messages to be considered with its House companion, HB 1193 by Representative Rene Plascencia. These bills replace the end of the year “high-stakes” Florida Statewide Assessment with a state standards-aligned computer-based progress monitoring system. The new system will evaluate students three times during the year and does not increase testing time. The bills also enforce timely notification of all testing results to both teachers and parents to help set a course for student progression throughout the school year and leading up to the final summative assessment. Right now, the House bill also includes language to create a transparent process for raising the school grading scale and policies tied to turnaround schools. In order to help ensure today’s learners are best positioned to become tomorrow’s earners, the Florida Chamber supports the enhancement of Florida’s education assessment and accountability system to make testing more responsive to the needs of a student while also ensuring parents are better informed of their student’s progression.
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More Chamber News & Chamber Views:
- Negotiations are ongoing for the state’s FY 22-23 budget and conforming bills with a targeted landing of no later than March 8th for session to end on time. Conference subcommittees started meeting Tuesday morning to resolve differences in the House and Senate budgets and Thursday, conference subcommittees bumped unresolved differences to the full conference committee. A balanced budget is the only item required by the Florida Constitution to pass each legislative session.
- The House passed its tax package off the Floor this week, which is a starting point for negotiations with the Senate. The House tax package includes several sales tax holidays, a sales tax exemption for machinery used for hydrogen production, and a Chamber-sought documentary sales tax exemption for small business emergency loans. The House tax package also includes the annual “piggyback” to adopt the latest Internal Revenue Code. This will result in a corporate income tax increase, especially with the expiration of the corporate income tax rate reduction that was passed in 2019. The Florida Chamber is working to have SB 1090 included in the final tax package to address these corporate income tax increases.
- A bill that expands non-economic damages in medical malpractice cases passed the House despite the fact that Florida already has some of the most expensive medical malpractice insurance rates in the country. The Florida Chamber is concerned that HB 6011 would further exacerbate these rates. Fortunately, the Senate companion has not received any votes in the Senate and was described as “not ready for prime time.”
- The House State Affairs Committee readied HB 403 for the Floor earlier this week. A priority of the Senate, HB 403 requires local governments to create a business impact statement before passing a local ordinance. The bill will also allow businesses to sue their local government if they pass a local ordinance that is arbitrary or unreasonable and receive attorney fees. HB 403 and HB 569 have been described together as legislation to end all preemption bills.
- The Florida Supreme Court validated the House and Senate redistricting maps on Thursday. Once every decade, the legislature is required to redraw House, Senate and Congressional districts based off the latest census data. Today, the House and Senate passed the new Congressional map along with what has been described as a backup map and the redistricting plan will head to the Governor for his signature or veto. The Governor, however, has remarked in the media that he plans to veto the congressional map.
- The Florida House passed “paycheck protection” off the floor today. HB 1197 protects taxpayers by not allowing taxpayer dollars to be used in the collection of union dues and creates transparency and oversight for public sector unions. The bill does not apply to organizations that represent law enforcement or firefighters.
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Below is a comprehensive review of legislative activity from Week 8 of the 2022 Legislative Session.
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Improving Florida's Talent Pipeline for a Better Workforce
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Computer Science and Technology Instruction
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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.
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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.
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SB 1048: Sen. Manny Diaz, Jr.
Passed full Senate 38-0, now in House Messages.
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HB 1193: Rep. Rene Plasencia
The House did not take action this week.
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Apprenticeship Tax Credit
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Provides a tax credit for Florida businesses who employ an apprentice to offset training costs and encourage the expansion of specialized apprenticeship programs.
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A Senate Bill Has Not Been Filed
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HB 1447: Rep. Mike Giallombardo
The House did not take action this week.
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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.
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SB 766: Sen. Jason Brodeur
The Senate did not take action this week.
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HB 961: Rep. Nick DiCeglie
The House did not take action this week.
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Creating Quality Jobs by Diversifying Florida's Economy
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Film, Television and Digital Media Project Rebate Program
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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.
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SB 946: Sen. Joe Gruters
The Senate did not take action this week.
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HB 217: Rep. Dana Trabulsy
The House did not take action this week.
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Florida Tourism Marketing
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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.
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SB 434: Sen. Ed Hooper
Passed full House 98-17, in Senate Returning Messages.
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HB 489: Rep. Linda Chaney
Laid on Table, Refer to SB 434.
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Rural Economic Development
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Encourages development and job growth in opportunity zones and rural communities.
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SB 800: Sen. Ben Albritton
The Senate did not take action this week.
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HB 685: Rep. Brad Drake
The House did not take action this week. Ready for House Floor consideration.
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Enhances capital formation opportunities for small businesses and provides investor protections.
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SB 1880: Sen. Joe Gruters
The Senate did not take action this week.
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HB 779: Rep. Joe Harding
The House did not take action this week.
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Capital Investment Tax Credit
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Expands the Capital Investment Tax Credit program to include intellectual property as a form of capital investment.
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SB 1878: Sen. Joe Gruters
The Senate did not take action this week.
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A House Bill Has Not Been Filed
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Improving Florida's Infrastructure for Smart Growth and Development
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Electric Vehicle Charging Infrastructure and Fees
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Expands the charging network for electric vehicles through a grant program that derives funding from an annual electric vehicle flat fee.
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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.
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A House Bill Has Not Been Filed
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Ensures that all energy customers pay their fair share for the maintenance of Florida's reliable, efficient, and resilient energy grid.
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SB 1024: Sen. Jennifer Bradley
Passed Rules Committee 12-4, on Third Reading for 3/7.
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HB 741: Rep. Lawrence McClure
Passed full House 83-31, on Third Reading for 3/7.
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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.
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SB 2508: Sen. Ben Albritton
In budget conference committee.
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A House Bill Has Not Been Filed
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Building the Perfect Climate for Business
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Increases competitiveness in the property insurance marketplace by allowing for more takeouts from Citizens Property Insurance, the state's intended insurer of last resort.
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SB 186: Sen. Jeff Brandes
The Senate did not take action this week.
SB 1728: Sen. Jim Boyd
Passed Appropriations Committee 18-2, passed full Senate 28-11, now in House Messages.
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HB 1307: Rep. Tommy Gregory
The House did not take action this week. Ready for House Floor consideration.
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Contingency Risk Multiplier
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Returns the use of the contingency fee multiplier to rare and unusual circumstances to address out of control attorney fees in commonplace insurance litigation.
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SB 1910: Sen. Joe Gruters
The Senate did not take action this week.
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A House Bill Has Not Been Filed
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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.
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Undoes key protections under the "Right to Farm Act" that is intended to protect legacy farming operations.
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SB 1102: Sen. Gary Farmer, Jr.
The Senate did not take action this week.
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HB 6085: Rep. Anna Eskamani
The House did not take action this week.
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Recovery of Damages in Claims for Medical Negligence
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Drives up medical malpractice insurance rates by broadening the scope of who is allowed to collect damages in medical negligence claims.
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SB 262: Sen. Ana Maria Rodriguez
The Senate did not take action this week.
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HB 6011: Rep. Spencer Roach
Passed full House 102-13, referred to Senate Rules Committee.
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Recovery for Wrongful Death
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Drives up medical malpractice insurance rates by broadening the scope of who is allowed to collect damages in medical negligence claims.
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SB 560: Sen. Ana Maria Rodriguez
The Senate did not take action this week.
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HB 6039: Rep. Yvonne Hayes Hinson
The House did not take action this week.
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Solicitation of Nonmedical Services
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Improves health safety by adding certain requirements and disclosures for advertisements that intend to solicit legal services from patients of medical devices and pharmaceuticals.
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SB 1762: Sen. Jeff Brandes
The Senate did not take action this week.
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HB 1537: Rep. Clay Yarborough
The House did not take action this week.
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Discrimination in Labor and Employment
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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.
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SB 322: Sen. Linda Stewart
The Senate did not take action this week.
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HB 293: Rep. Geraldine Thompson
The House did not take action this week.
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Unlawful Employment Practices
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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.
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SB 550: Sen. Janet Cruz
The Senate did not take action this week.
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HB 853: Rep. Dan Daley
The House did not take action this week.
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Prohibits local governments from mandating higher than the state minimum wage in contracts, purchase agreements or in procurement practices.
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SB 1124: Sen. Joe Gruters
The Senate did not take action this week.
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HB 943: Rep. Joe Harding
The House did not take action this week.
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Wage & Employment Benefits Requirements
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Removes the statewide preemption for minimum wage and employment benefits, thereby creating a patchwork of regulations across Florida's cities and counties.
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SB 446: Sen. Annette Taddeo
The Senate did not take action this week.
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HB 6047: Rep. Carlos Smith
The House did not take action this week.
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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.
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Supports shopping at local small businesses by eliminating the sales tax on purchases on the Saturday after Thanksgiving.
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SB 712: Sen. Annette Taddeo
The Senate did not take action this week.
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HB 439: Rep. Carlos Smith
The House did not take action this week.
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Eliminates the Florida-only business rent tax after July 1, 2026.
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SB 1558: Sen. Joe Gruters
The Senate did not take action this week.
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HB 6093: Rep. Tommy Gregory
The House did not take action this week.
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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.
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SB 1090: Sen. Joe Gruters
The Senate did not take action this week.
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A House Bill Has Not Been Filed
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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.
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SB 952: Sen. Joe Gruters
The Senate did not take action this week.
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HB 1293: Rep. Tommy Gregory
The House did not take action this week.
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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.
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SB 1864: Sen. Jennifer Bradley
The Senate did not take action this week.
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HB 9: Rep. Fiona McFarland
Passed full House 103-8, referred to Senate Judiciary Committee.
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Making Government and Civics more Efficient and Effective
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Supermajority Vote for Preemption
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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.
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SB 152: Sen. Gary Farmer, Jr.
The Senate did not take action this week.
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A House Bill Has Not Been Filed
The House did not take action this week.
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Requiring Broader Public Support for Constitutional Amendments
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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.
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SB 950: Sen. Ana Maria Rodriguez
The Senate did not take action this week.
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HB 177: Rep. Rick Roth
The House did not take action this week.
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Amendments of the State Constitution by Citizen Initiative
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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.
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SB 1412: Sen. Jason Brodeur
Temporarily postponed by Rules Committee.
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HB 1127: Rep. Mike Beltran
The House did not take action this week. Ready for House Floor consideration.
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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.
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SB 280: Sen. Travis Hutson
In House Messages.
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HB 403: Rep. Mike Giallombardo
Passed State Affairs Committee 14-10. Ready for House Floor consideration.
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Allows businesses to recover damages from local governments if an ordinance or local governmental provision creates a significant loss in revenue.
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SB 620: Sen. Travis Hutson
In House Messages.
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HB 569: Rep. Lawrence McClure
The House did not take action this week.
Ready for House Floor consideration.
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Preemption of Recyclable and Polystyrene Materials
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Removes a Chamber-backed preemption on local ordinances relating to polystyrene products.
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SB 320: Sen. Linda Stewart
The Senate did not take action this week.
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HB 6063: Rep. Michael Grieco
The House did not take action this week.
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Preemption of Over the Counter Drugs
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Removes a Chamber-backed preemption on local ordinances related to sunscreen and over-the-counter drugs and cosmetics.
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A Senate Bill Has Not Been Filed
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HB 6019: Rep. Anna Eskamani
The House did not take action this week.
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Preemption of Vacation Rentals
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Removes a Chamber-backed preemption of vacation rental regulation.
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A Senate Bill Has Not Been Filed
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HB 6033: Rep. Michael Grieco
The House did not take action this week.
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Repeals a Chamber-backed provision that outlaws the "rights of nature" legal doctrine in Florida.
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SB 1854: Sen. Gary Farmer, Jr.
The Senate did not take action this week.
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HB 6003: Rep. Anna Eskamani
The House did not take action this week.
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Creates transparency and accountability in the collection of union dues for public sector employees.
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SB 1458: Sen. Dennis Baxley
The Senate did not take action this week.
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HB 1197: Rep. Scott Plakon
Passed full House 60-47.
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Championing Florida's Quality of Life
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COVID-19 Liability Protections - Health Care
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Extends the commonsense COVID-19 liability protections expiring for health care facilities to continue to protect our healthcare heroes as the pandemic continues.
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SB 610: Sen. Jeff Brandes
See SB 7014.
SB 7014: Sen. Danny Burgess
Signed by the Governor.
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HB 7021: Rep. Colleen Burton
Laid on Table, Refer to SB 7014. Passed House Floor 87-31.
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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.
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A Senate Bill Has Not Been Filed
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HB 5201: Rep. Rene Plasencia
In budget conference committee.
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Florida Kidcare Program Income Eligibility
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Increases the Florida Kidcare Program income eligibility threshold to reduce fiscal cliffs and facilitate a pathway for families towards economic self-sufficiency.
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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.
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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.
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Florida Chamber of Commerce l www.FLChamber.com
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