2021 Weekly Legislative Update
Week 8: April 23, 2021
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Constitutional Protections Poised To Head to Governor’s Desk
The Florida Legislature is poised to pass a significant constitutional measure that will protect the citizen’s initiative process from being abused by single-issue donors. As you know, the Florida Constitution is one of the key reasons that Florida continues to spend within its means, protect the environment, and foster an excellent climate to live, work, and play. Unfortunately, the Florida Constitution is easily amended, and the modern citizen’s initiative process is almost completely captured by special interests. Many contemporary amendments were proposed and funded by a single wealthy individual – creating a worrying trend where one billionaire can buy their way onto a ballot through a process that was designed to be used by a ground swelling of broad support from the citizenry. SB 1890 would cap donations to constitutional amendments in a similar way to candidates, ensuring that the citizen’s initiative process reflects the will of the citizens plural, rather than just one individual. This measure, which was strongly opposed by many special interest groups, is an important defense of the structure of our state government and protects the constitutional rights of Floridians from deletion at the ballot box. Because of the leadership of Representative Bobby Payne and Ray Senator Rodrigues, SB 1890 is now on 3rd reading in the House and ready for final passage.
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Data Privacy Legislation with Private Right of Action Passes House, Sent to Senate
The House passed HB 969 earlier this week, 118-1, sending their Data Privacy legislation to the Senate for their consideration. HB 969, by Representative Fiona McFarland, applies to businesses that sell, share or collect data and satisfies two of the following: global annual gross revenue in excess of $50 million, annually buys, receives, sells or shares personal info of 50,000 or more consumers, households or devices or derives 50 percent of its global revenue from selling or sharing personal info. The bill provides enforcement through a private right of action, which has been a major concern of the Florida Chamber of Commerce. The Senate companion, SB 1734, previously contained a private right of action but that provision was removed in its last committee hearing. These bills are a priority of the Governor, House Speaker and Senate President and the Florida Chamber will be continuing to try to narrow the scope of these bills and ensure that businesses are not going to be subject to a flood of litigation.
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Autonomous Vehicle Bill Moves Towards Finish Line
This week, the Florida Legislature passed pro-autonomous vehicle legislation, a priority of the Florida Chamber and Autonomous Florida. The Senate Rules Committee passed SB 1630 by Senator Jeff Brandes relating to autonomous vehicles while its companion , HB 1289 by Representative Fiona McFarland, passed the House by 113-0. These measures will bring more regulatory certainty to low-speed autonomous vehicles and delivery devices. But more significantly, these bills show that the Florida Legislature will respond quickly to new transportation technologies in a way that encourages more deployments and development. Autonomous Florida and the members of the Florida Chamber thank Senator Brandes and Representative McFarland for their efforts, and we look forward to seeing this important bill pass the Senate in the last week of Session. For questions about these measures or for more information about Autonomous Florida, please email Christopher Emmanuel at [email protected].
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Long-Awaited Gambling Compact Reached Sparking Special Session
The potentiality of a gambling-focused special session was confirmed around the lunch hour on Friday with the news that an agreement on a new gambling compact between the State and Seminole Tribe had been reached. The Compact would, among other things, legalize sports betting in Florida. Speaker Sprowls paused debate to confirm that the Governor had signed the Compact that morning and that it would not be considered for ratification by the legislature during the regular session but would be the subject of Special Session the week of May 17.
A trio of gaming related bills have also been filed in the House and Senate that change how pari-mutuel permit holders are able to do business in Florida. 2 of the 3 bills each deal with the creation and regulation of a new “Florida Gaming Commission” that will oversee the enforcement of gaming laws, while the other bill deals with decoupling live racing or jai alai with table games. With the passage of Amendment 13 in 2018, some decoupling has already occurred in Florida as dog tracks ended live racing. HB 7055 and SB 7080 continue that evolution by removing provisions of current law that require live racing in order to offer other authorized forms of gambling. With the constitutionally mandated 60-day legislative session slated to end next Friday, Senate President Simpson said that the final passage of any gaming related bills will wait until the aforementioned Special Session.
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Below is a comprehensive review of legislative activity from Week 8 of the 2021 Legislative Session.
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Improving Florida's Talent Pipeline for a Better Workforce
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Educational Scholarship Programs
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Consolidates student scholarship programs and provides parents with more flexibility to meet the educational needs of their child.
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SB 48: Sen. Manny Diaz, Jr.
Substituted for HB 7045.
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HB 7045: Employment & Education Committee
Passed the House Floor, 79-36.
Placed on the Senate Calendar on 3rd reading on 4/26/21.
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Apprenticeship and Preapprenticeship Programs
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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.
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SB 508: Sen. Jeff Brandes
The Senate did not take action this week.
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HB 175: Rep. Jason Shoaf
The House did not take action this week.
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Apprenticeship and Preapprenticeship Programs
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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.
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SB 366: Sen. Travis Hutson
Passed the Senate Floor, 40-0.
In House messages.
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HB 791: Rep. Joe Harding
Placed on the House Calendar on 2nd reading.
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Early Learning and Early Grade Success
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Expands accountability and assessment requirements for VPK providers, while giving Florida parents better information about the quality of VPK providers.
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SB 1282: Sen. Gayle Harrell
Passed the Senate Appropriations Committee, 20-0.
Placed on the Special Order Calendar for 4/26/21.
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HB 419: Rep. Erin Grall
Passed the House Floor, 118-0.
Placed on the Senate Special Order Calendar for 4/26/21.
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Workforce and Postsecondary Education
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Promotes apprenticeships in occupations throughout Florida industries by increased coordination between secondary and postsecondary education institutions and businesses.
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SB 1042: Sen. Jason Brodeur
The Senate did not take action this week.
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HB 791: Rep. Joe Harding
Passed the House Education & Employment Committee, 21-0.
Placed on the House Calendar, on 2nd reading.
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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.
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SB 1898: Sen. Ana Maria Rodriguez
Placed on the Special Order Calendar for 4/26/21.
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HB 7011: Rep. Vance Aloupis
Passed the House Floor, 117-0.
Placed on the Senate Special Order Calendar for 4/26/21.
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Creating Quality Jobs by Diversifying Florida's Economy
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Creates the Film, Television & Digital Media Targeted Rebate Program to encourage the production of family-friended movies and television in the state of Florida.
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SB 704: Sen. Joe Gruters
The Senate did not take action this week.
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HB 757: 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 and allows them to use carry-over funds from the previous year.
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SB 778: Sen. Ed Hooper
The Senate did not take action this week.
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HB 675: Rep. Rene Plasencia
The House did not take action this week.
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Qualified Targeted Industry Tax Refund Program
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Reauthorizes the Qualified Targeted Industry Tax Refund Program, an important program in Florida’s economic development toolkit. This program expired on June 30, 2020.
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SB 982: Sen. Joe Gruters
Previously amended onto SB 7068.
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HB 6071: Rep. Chip Lamarca
The House did not take action this week.
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Improving Florida's Infrastructure for Smart Growth and Development
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Expands water storage solutions for Central and South Florida.
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SB 94: Sen. Jason Brodeur
The Senate did not take action this week.
SB 2516: Appropriations Committee
Bill placed in Conference.
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A House Bill Has Not Been Filed
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Electric Vehicle Fees and Charging Stations
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Expands the charging network for electric vehicles while ensuring that electric vehicles pay their fair share of transportation usage fees.
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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.
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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.
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Expands the opportunities for the lawful deployment of low speed, autonomous shuttles on public roadways.
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SB 1620: Sen. Jeff Brandes
Placed on Senate Rules Committee, 13-0.
Placed on Special Order Calendar for 4/26/21.
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HB 1289: Rep. Fiona McFarland
Passed the House Floor, 113-0.
Referred to Senate Rules Committee.
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Repeal of the M-CORES Program
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Repeals infrastructure and economic development investments.
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SB 1030: Sen. Tina Scott Polsky
The Senate did not take action this week.
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HB 763: Rep. Ben Diamond
The House did not take action this week.
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Protects the Sadowski Housing Trust Funds from legislative sweeps.
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SB 510: Sen. Ed Hooper
The Senate did not take action this week.
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HB 13: Rep. Sam Killebrew
The House did not take action this week.
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Flooding and Sea Level Rise Resilience
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Creates new programs, partnerships and data collection efforts to combat sea level rise.
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SB 1954: Sen. Ray Rodrigues
Order enrolled waiting to be sent to the Governor.
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HB 7019: Rep. Demi Busatta Cabrera
Substituted for SB 1954, passed and order enrolled.
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State Preemption of Energy Infrastructure Regulation
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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.
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SB 856: Sen. Travis Hutson
Passed the Senate Rules Committee, 11-4.
Substituted for HB 839.
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HB 839: Rep. Tom Fabricio
Passed the House Floor, 79-38.
Placed on the Senate for 3rd reading for 4/26/21.
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Building the Perfect Climate for Business
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COVID-19 Liability Protections
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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.
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SB 72: Sen. Jeff Brandes
Signed by Governor Ron Desantis on 3/29/21.
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HB 7: Rep. Lawrence McClure
Previously passed the House.
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COVID-19 Liability Protections - Health Care
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Provides liability protections from claims that arise due to COVID-19 for health care providers that are complying with government health and safety guidelines.
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SB 74: Sen. Jeff Brandes
Previously amended onto SB 72.
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HB 7005: Rep. Colleen Burton
The House did not take action this week.
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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.
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SB 846: Sen. Jeff Brandes
The Senate did not take action this week.
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HB 561: Rep. Randy Maggard
The House did not take action this week.
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Modernizes Florida’s Right to Farm Act and provides liability protections for farming operations that are following environmental standards.
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SB 88: Sen. Jason Brodeur
Passed the House Floor, 110-7.
Signed by Officers and presented to the Governor; must act on this bill by 4/29/21.
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HB 1601: Rep. Jayer Williamson
Previously substituted for SB 88.
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Matters of Great Governmental Concern
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Allows the Attorney General to declare an issue a matter of “great governmental concern” and consolidate civil litigation on behalf of local governments.
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SB 102: Sen. Danny Burgess
Temporarily postponed by the Senate Appropriations Committee on 4/19/21.
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HB 1053: Rep. Toby Overdorf
The House did not take action this week.
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Litigation Financing Consumer Protection
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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.
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SB 1750: Sen. Doug Broxson
The Senate did not take action this week.
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HB 1293: Rep. Toby Overdorf
The House did not take action this week.
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Medical Malpractice Damages
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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 1112: Sen. Ana Maria Rodriguez
The Senate did not take action this week.
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HB 651: Rep. Spencer Roach
Previously passed the House.
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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 1992: Sen. Gayle Harrell
The Senate did not take action this week.
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HB 1483: Rep. Clay Yarborough
The House did not take action this week.
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Property Insurance Claims
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Addresses significant increases in property insurance rates by attempting to reduce litigation and cost drivers in the system.
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SB 76: Sen. Jim Boyd
Previously passed the Senate.
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HB 305: Rep. Bob Rommel
Passed the House Commerce Committee,
14-8.
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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 litigation.
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SB 212: 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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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.
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SB 906: Sen. Linda Stewart
The Senate did not take action this week.
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A House Bill Has Not Been Filed
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Public Emergencies and Assistance
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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.
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A Senate Bill Has Not Been Filed.
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HB 1617: Rep. Evan Jenne
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 256: Sen. Linda Stewart
The Senate did not take action this week.
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HB 107: Rep. Geraldine Thompson
The House did not take action this week.
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Prohibited Discrimination Bases on Hairstyle
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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.
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SB 476: Sen. Randolph Bracy
The Senate did not take action this week.
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HB 179: Rep. Kamia Brown
The House did not take action this week.
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Unlawful Discrimination Against Pregnant Employees
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Interferes in the employer-employee relationship by creating new requirements for employers of pregnant employees.
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SB 384: Sen. Ana Maria Rodriguez
The Senate did not take action this week.
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HB 581: Rep. Dotie Joseph
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 304: Sen. Annette Taddeo
The Senate did not take action this week.
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HB 6031: 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 and requires employers to maintain health coverage and allow up to 12 months leave from employment.
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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.
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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.
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Background Screen (Ban the Box)
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Prohibits job creators from requesting information about an applicant’s criminal history prior to an initial job interview.
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SB 1646: Sen. Bobby Powell
The Senate did not take action this week.
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HB 1331: Rep. Joseph Casello
The House did not take action this week.
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Internet Sales Tax / Unemployment Compensation Trust Fund
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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. The bills deposit 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. After the trust fund is replenished, the bill provides for a business rent tax reduction from 5.5 percent to 2 percent.
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SB 50: Sen. Joe Gruters
Signed by the Governor on 4/19/21.
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HB 15: Rep. Chuck Clemons
Previously substituted for SB 50.
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Corporate Income Tax Increase
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Increases Florida’s Corporate Income Tax Rate to pay for a new “Teach to Lead” program.
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SB 1222: Sen. Shevrin Jones
The Senate did not take action this week.
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HB 129: Rep. Yvonne Hinson
The House did not take action this week.
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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 302: Sen. Annette Taddeo
The Senate did not take action this week.
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HB 637: Rep. Allison Tant
The House did not take action this week.
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Hospitals' Community Benefit Reporting
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Removes duplicative reporting requirements for non-profit hospitals to qualify for property tax exemptions.
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SB 58: Sen. Ana Maria Rodriguez
Previously amended onto SB 7068.
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HB 6093: Rep. Joe Harding
The House did not take action this week.
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Mandatory Unitary Combined Reporting
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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.
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A Senate Bill Has Not Been Filed
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HB 999: Rep. Fred Hawkins
The House did not take action this week.
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Exempts federal emergency loans from documentary stamp tax collections and provides for a disaster preparedness sales tax holiday.
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SB 734: 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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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.
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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 Floor, 40-0.
In House Messages.
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HB 207: Rep. Anna Eskamani
The House did not take action this week.
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Repeals Florida’s motor vehicle no-fault law (personal injury protection insurance) and creates mandatory a bodily injury coverage requirement.
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SB 54: Sen. Danny Burgess
Placed on 3rd reading.
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HB 719: Rep. Erin Grall
Passed the House Judiciary Committee, 18-2.
Substituted for SB 54.
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Creates a new cause of action related to companies that collect, sell or use consumer data and creates new disclosure requirement for these companies.
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SB 1734: Sen. Jennifer Bradley
The Senate did not take action this week.
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SB 969: Rep. Fiona McFarland
Passed the House Floor, 118-1.
Referred to Senate Rules Committee.
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Provides for a back to school sales tax holiday, disaster preparedness sales tax holiday, a sales tax holiday for admissions to live venues and movie theaters, and extends the data center tax exemption. SB 7068 also includes SB 58 and SB 982 to repeal the community benefit reporting requirement for non-profit hospitals and extend the Qualified Targeted Industry Tax Refund program.
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SB 7068: Sen. Ana Maria Rodriguez
Passed the House Appropriations Committee, 19-0.
Placed on Senate Special Order Calendar for 4/26/21.
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HB 7061: Rep. Bobby Payne
Passed the House Floor, 109-3.
Referred to the Senate Appropriations Committee.
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Making Government and Civics more Efficient and Effective
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Dues and Uniform Protections
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Adds transparency and accountability to the collection of union dues from the paychecks of state workers.
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SB 78: Sen. Ray Rodrigues
The Senate did not take action this week.
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HB 947: Rep. Scott Plakon
Previously combined with HB 835.
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Reforms the state's pension system.
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SB 84: Sen. Ray Rodrigues
The House did not take action this week.
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A House Bill Has Not Been Filed
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Supermajority for Legislative Preemption
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Increases the threshold needed for legislation ensuring the furtherance of statewide regulatory certainty for businesses to pass in the Legislature.
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SB 540: Sen. Gary M. Farmer
The Senate did not take action this week.
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A House Bill Has Not Been Filed
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Removal of Union Transparency
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Repeals a Chamber-backed transparency bill for public sector unions.
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SB 610: Sen. Linda Stewart
The Senate did not take action this week.
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A House Bill Has Not Been Filed
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Repeals a Chamber-backed provision that outlaws the “rights of nature” legal doctrine in Florida.
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A Senate Bill Has Not Been Filed
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HB 6045: Rep. Anna Eskamani
The House did not take action this week.
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Protects public sector employees by enforcing the Chamber-backed transparency efforts from the 2019 Legislative Session.
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SB 1014: Sen. Dennis Baxley
Temporarily postponed by Senate Rules Committee.
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HB 835: Rep. Cord Byrd
Temporarily postponed on 2nd reading.
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Removal of Sunscreen Preemption
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Repeals a Chamber-backed preemption on regulations for sunscreen and other over the counter drugs and cosmetics.
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SB 1174: Sen. Linda Stewart
The Senate did not take action this week.
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HB 6041: Rep. Anna Eskamani
The House did not take action this week.
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Removes a Chamber-backed protection for employers that allows certain businesses to use existing systems to verify eligible employment.
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A Senate Bill Has Not Been Filed
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HB 6013: Rep. Anthony Sabatini
The House did not take action this week.
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Removal of Polystyrene Preemption
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Removes a Chamber-backed preemption on local ordinances relating to polystyrene products.
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SB 594: Sen. Linda Stewart
The Senate did not take action this week.
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HB 6027: Rep. Michael Grieco
The House did not take action this week.
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Constitutional Amendment Reform
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Increases the threshold for a constitutional amendment to be adopted.
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SB 1238: Sen. Ana Maria Rodriguez
Temporarily posted by the Senate Rules Committee.
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HB 61: Rep. Rick Roth
The House did not take action this week.
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Constitutional Amendment Finance Reform
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Brings transparency and parity to the constitutional amendment fundraising system.
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SB 1890: Sen. Ray Rodriguez
Rolled over for 3rd reading.
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HB 699: Rep. Bobby Payne
Substituted for SB 1890.
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Championing Florida's Quality of Life
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Autonomous Practice by an Advanced Practice Registered Nurse
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Expands allowed general functions of APRNs to acts that are within their specialty.
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SB 424: Sen. Jeff Brandes
The Senate did not take action this week.
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HB 111: Rep. Randy Maggard
The House did not take action this week.
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Economic Self-Sufficiency
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Requires the Auditor General to conduct, at least every three years, performance audits of certain economic assistance and health care programs.
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SB 414: Sen. Keith Perry
Passed the Senate Appropriations Committee, 18-0.
Placed on the Special Order Calendar for 4/26/21.
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HB 1349: Rep. Vance Aloupis
Passed the House Floor, 118-0.
Placed on the Senate Special Order Calendar for 4/26/21.
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Florida Chamber of Commerce l www.FLChamber.com
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