Florida Chamber Weekly Legislative Update: Week 7

2021 Weekly Legislative Update

Week 7: April 16, 2021

House Tax Package, Piggyback Legislation Released

Late last night, the House released its initial annual tax package including several sales tax holidays. The bill, WMC1, includes a 7-day back to school sales tax holiday, a 7-day disaster preparedness sales tax holiday, a 7-day recreation sales tax holiday, and a sales tax exemption for admissions to live venues, movie theaters and fitness centers. Additionally, the bill includes a 5-year extension of the deadline for a new data center to apply for a tax exemption, an economic development initiative to attract significant capital investment to Florida. The bill passed with only one opposing vote and is the initial salvo in negotiations with the Senate on a tax reduction package for 2021.

Additionally, the House and Senate released this week their annual “piggyback” bills which conforms Florida’s tax code to the federal Internal Revenue Code. Typically, the annual piggyback bill is more pro forma, but given federal tax changes in the CARES Act and the Consolidated Appropriations Act of 2021, this year’s bills are more complicated. The Senate bill, SB 7082, does not adopt the changes made to the business interest expense deduction, also known as 163(j) in tax circles, that was made under the CARES Act. The House bill goes even further and decouples not only from the business interest expense deduction, but also decouples from 100 percent meal expensing, expensing rules for film, television and live theatrical productions, and a glitch fix on qualified improvement property. The Florida Chamber is concerned that this year’s piggyback legislation will cause an additional administrative burden and significant compliance costs on corporations doing businesses in Florida.

Union Transparency Measure Advances in House

Two measures that will bring more accountability to public sector unions and protect public servants are moving. Yesterday, HB 835 by Representative Cord Byrd passed the State Affairs Committee and was placed on the House Special Order Calendar for April 20^th. The Senate companion, SB 1014 by Senator Baxley, is scheduled for its final committee stop on the same day. Currently, public sector unions must represent a majority of the bargaining unit to be certified to bargain on behalf of the entire class of employees, but the Public Employees Relation Commission has no mechanism to prove compliance. Additionally, the state serves as the collector of union dues, in effect subsidizing the political activities of public sector unions. These measures empower the Commission to investigate the validity of information and removes the government’s role in dues collections. These measures now include many of the policies that were in SB 78 by Senator Ray Rodrigues and HB 947 by Representative Scott Plakon.

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Florida Chamber Safety Council Southeastern Leadership Conference on Safety, Health + Sustainability

May 10-12

Disney's Coronado Springs Resort

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Prosperity & Economic Opportunity Solution Summit

Wednesday, May 26

The Westin Sarasota

Join business and industry leaders as well as elected officials and community voices as we analyze a path to prosperity for each of Florida’s zip codes.

Details and Registration

Right to Farm Protections Ready for House Floor

The House took up HB 1601, farming operations by Representative Jayer Williamson, earlier this week in the House Commerce Committee. This bill modernizes the Right to Farm Act from 1979 and creates protections for legacy farming operations from frivolous litigation. Under this bill, only those within a half mile have standing to sue and farming operations cannot be held liable unless they are violating state or federal environmental laws. The bill has already passed the Senate and with the House Commerce Committee being its final committee stop, is ready to be heard by the full House and sent to the Governor. Florida farmers supply the food Florida families depend on and Ag remains a foundational pillar of Florida’s growing economy.

Constitutional Protections Pass Senate

Senator Ray Rodrigues has shepherded one of the most significant constitutional protections through the Florida Senate with the passage of SB 1890 relating to campaign financing. As you know, Florida’s Constitution is one of the easiest state constitutions to amend and worryingly the “citizen” initiative process has been almost completed captured by special interest groups and single donor committees. Senate Bill 1890 sets donation limits for committees both supporting and opposing a measure during the signature gathering phase. This will prevent a single wealthy individual from buying their way onto the ballot. The Senate sponsor noted a significant rise in billionaires funding ballot initiatives in states in which they do not even reside as a motivation for this legislation. The House companion is HB 699 by Representative Payne and it is ready for the House Floor.

Florida Legislature Advances Key Education Priorities

This week the Florida Legislature advanced several Florida Chamber educational priorities out of their respective committees. Both the House and Senate heard bills related to Student Literacy (HB 7011 and SB 1898) that will codify a new student monitoring system to help identify and diagnose reading deficiencies that may hinder student growth. Under the leadership of the bill sponsors, Representative Vance Aloupis and Senator Ana Maria Rodriguez, both pieces of legislation are in the posture to be heard on the House and Senate floors. Additionally, the House heard and passed Representative Erin Grall’s early learning legislation, HB 419, that will expand accountability and assessment requirements for VPK providers. Finally, the Florida Senate Appropriation Committee unanimously advanced SB 366 sponsored by Senator Travis Hutson. This bill broadens the scope of apprenticeship and pre-apprenticeship programs therefore allowing more Floridians to utilize them. Taken together, the advancement of these bills demonstrates a legislative commitment to Florida’s educational system from VPK to Higher Education and workforce development.

Budget Conference to Kickoff Soon

The only constitutional requirement of the annual legislative session is the passage of a balanced state budget. With both the House and Senate having passed their respective proposed budgets, the next step in this annual budget process is the release of allocations that outline how much total funding is available for budget writers to appropriate in specific policy silos. Following lengthy floor sessions on Thursday, both Senate President Simpson and House Speaker Sprowls warned lawmakers that they may be working over the weekend, signaling that an agreement on allocations is near and the conference process could begin in the coming days. Lawmakers started this year’s legislative session facing a $2.7 billion budget gap, but that gap significantly narrowed with the $2 billion in additional revenue announced by the mid-session Revenue Estimating Conference. The approximately $10 billion in federal funds resulting from the recent pandemic relief bill will also need to be factored into negotiations over the final two weeks.

Below is a comprehensive review of legislative activity from Week 7 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 the Senate Special Order Calendar for 4/21/21.

HB 7045: Employment & Education Committee

Placed on the House Special Order Calendar for 4/20/21.

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

Passed the Senate Appropriations Committee, 20-0.

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

HB 791: Rep. Joe Harding

The House did not take action this week.

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 Education & Employment Committee, 20-1.

Placed on the House Special Order Calendar for 4/20/21.

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

The House did not take action this week.

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

Passed the Senate Appropriations Committee, 20-0.

HB 7011: Rep. Vance Aloupis

Passed the House Education & Employment Committee, 19-0.

Placed on the House Special Order Calendar for 4/20/21.

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

In the Senate Returning Messages.

SB 2516: Appropriations Committee

Previously passed the Senate Floor 40-0.

Previously passed the House Floor 118-0.

In Senate Returning Messages.

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

Placed on Senate Rules Agenda for 4/20/21.

HB 1289: Rep. Fiona McFarland

Passed the House Commerce Committee,

20-0.

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

Previously passed the Senate Floor 40-0.

Previously passed the House Floor 118-0.

HB 7019: Rep. Demi Busatta Cabrera

Substituted for SB 1954, passed and order enrolled.

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

Placed on the Senate Rules Agenda for 4/20/21.

HB 839: Rep. Tom Fabricio

Passed the House Commerce Committee,

17-3.

Placed on the House Special Order Calendar for 4/20/21.

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

Previously passed the Senate.

In House messages.

HB 1601: Rep. Jayer Williamson

Passed the House Judiciary Committee, 14-2.

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

Placed on the Senate Appropriations Committee agenda for 4/19/21.

Placed on the Senate Rules Committee agenda, if received, for 4/20/21.

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

Passed the House Floor, 99-16.

Placed in Senate messages.

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

The Senate did not take action this week.

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

Previously passed the Senate.

In House Messages

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.

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. 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.

SB 50: Sen. Joe Gruters

Presented to the Governor and the Governor must act by 4/19/21.

HB 15: Rep. Chuck Clemons

The House did not take action this week.

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 Appropriations Committee, 20-0.

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

Passed the Senate Floor, 38-1.

Placed in House Messages.

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

The Senate did not take action this week.

SB 969: Rep. Fiona McFarland

Placed on the House Special Order Calendar for 4/20/21.

Taxation

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.

WMC 1: Rep. Bobby Payne

Passed the House Ways and Means Committee 15-1.

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

Temporarily postponed by Senate Rules Committee.

HB 947: Rep. Scott Plakon

Combined with HB 835.

Retirement

Reforms the state's pension system.

SB 84: Sen. Ray Rodrigues

Passed the Senate Floor, 24-16, now in House State Affairs Committee.

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 the Senate Rules Committee agenda for 4/20/21.

HB 835: Rep. Cord Byrd

Passed the House State Affairs Committee,

15-7.

Placed on the House Special Order Committee Calendar for 4/20/21.

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 Judiciary Committee, 13-6.

Placed on the House Calendar for 2nd reading.

Constitutional Amendment Finance Reform

Brings transparency and parity to the constitutional amendment fundraising system.

SB 1890: Sen. Ray Rodriguez

Passed the Senate Floor, 23-17.

Placed in House Messages.

HB 699: Rep. Bobby Payne

Temporarily postponed on 2nd reading.

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

Passed the House Health & Human Services Committee, 21-0.

Placed on the House Calendar for 2nd reading.