Legislative Report | Fourth Week of Session Summary – February 3-7

February 10, 2020 12:03 PM | Anonymous

Week 4 of the Florida Legislative Session turned out to be quite a busy week in Tallahassee, as a wide range of policy bills made their way through the committee process or were passed during the House and Session sessions.

Liberty Partners worked diligently with the Florida Attractions Association (FAA) this week to draft amendment language to clarify that HB 1275 by Representative Sharon Pritchett (D-Miami Gardens) would only affect non-permanent amusement facilities. After working with committee Chairman Holly Raschein (R-Key West), Liberty Partners asked Representative Rick Roth (R-Palm Beach Gardens) to file the amendment language and the amendment was adopted during the House Agriculture and Natural Resources Appropriations Subcommittee meeting on Monday, February 3. The adoption of this amendment language was critical, as it ensures that FAA members will not be negatively impacted by bill. Liberty Partners attended the committee meeting and spoke in support of the amendment and bill on behalf of FAA, with the bill passing unanimously.

On Wednesday, Liberty Partners supported legislation that would extend the scheduled 2020 sunset of VISIT FLORIDA until 2028. SB 362 by Senator Ed Hooper (R-Palm Harbor) unanimously passed the Senate Appropriations Committee on Wednesday and will now head to the Senate floor to be debated and voted on by all Senators.

Additionally, both the House and Senate Appropriations Committees passed their respective budgets on Wednesday. The House budget of $91.4 billion aligns with the Governor’s proposal, while the Senate has proposed a budget of $92.8 billion. VISIT FLORIDA is funded at just over $50 million in the Senate budget but at $0 in the House budget. This issue will be debated during the budget conference process.


Following is a quick summary of bills that have been filed and other items of interest to the Florida Attractions Association (FAA):

Amusement Rides

SB 1228 by Senator Lauren Book (D-Plantation) would require amusement ride managers to meet

certain requirements and revise standards for rules adopted by the Department of Agriculture and Consumer Services relating to amusement rides. The bill would also remove the exemption from safety standards for certain museums and institutions and revise inspection standards for amusement rides. The Senate bill is awaiting its first hearing in the Senate Agriculture Committee. After having been amended with clarifying language for FAA, the House companion - HB 1275 by Representative Sharon Pritchett is now in its final committee stop in the House Commerce Committee.

VISIT FLORIDA

FAA continues to support legislation that would extend the scheduled 2020 sunset of VISIT FLORIDA until 2028. While the proposed House budget is $381 million more than FY 2019-20, the budget does not contain any funding or mention of VISIT FLORIDA. During Wednesday’s House Appropriations Committee meeting, Representative Jay Trumbull (R-Panama City) once again stated that according to statute, the agency is scheduled to sunset in 2020 and is therefore not considered in the FY 2020-21 House budget. However, the Senate and Governor DeSantis have taken a different position on the future of VISIT FLORIDA. While Governor DeSantis had proposed $50 million in funding for VISIT FLORIDA, the Senate’s proposed budget for FY 2020-21 sets funding levels for the agency at $52.5 million for FY 2020-21. As the Legislature moves through the budget process and as budget conference approaches this contentious funding issue will be a main focus with Liberty Partners continuing to fight for full-funding of VISIT FLORIDA. As SB 362  by Senator Ed Hooper (R-Palm Harbor) moves through the final stages of the process in the Senate, the House companion - HB 213 - by Representative Mel Ponder (R-Fort Walton Beach) is still awaiting its first committee hearing in the House Workforce Development and Tourism Subcommittee.

Lottery Games

HB 991 by Representative Will Robinson (R-Bradenton) would prohibit an electronic device from being used to play any lottery game and would prohibit the Department of Lottery (DOL) from authorizing operation of a specified lottery game. The bill would require DOL to include a specified warning in all advertisements & promotions of lottery games and require contracts between DOL & a vendor to require that the vendor print a specified warning on all lottery tickets. Under the bill, certain funds in the Operating Trust Fund would be used for a specified annual payment for services relating to prevention of compulsive & addictive gambling. The bill is awaiting its second hearing in the House Government Operations and Technology Appropriations Subcommittee. SB 1318 by Senator Keith Perry (R-Gainesville) is still awaiting its first hearing in the Senate Innovation, Industry and Technology Committee.

Sports Franchises and Facilities

HB 1369 by Representative Cary Pigman (R-Sebring) would delete provisions authorizing counties to impose specified taxes to pay debt service on bonds related to sports facilities and prohibit a county from leasing specified professional sports franchise facilities. It would prohibit the lease of public lands for purposes related to sports franchises & their facilities and require the lease of a facility on public

lands to be at fair market value. The bill would require a sports franchise to repay specified debt incurred by local government related to construction of facilities. The bill passed the House Ways and

Means Committee by a vote of 14-1 on Monday, February 3 and now awaits its final hearing in the House Commerce Committee. The bill does not have a Senate companion.

Vacation Rentals

HB 1011 by Representative Jason Fischer (R-Jacksonville) would preempt regulation of vacation rentals to the state and prohibit local law, ordinance or regulation from allowing or requiring inspections or licensing of vacation rentals. The bill would require licenses issued by the Division of Hotels and

Restaurants of DBPR to be displayed conspicuously inside a licensed establishment and preempt regulation of advertising platforms for vacation rentals to the state. It would also provide requirements for advertising platforms. The bill narrowly passed the House Government Operations and Technology Appropriations Subcommittee by a vote of 8-5 on Tuesday, February 4. Liberty Partners attended the meeting and continues to follow this issue closely. The Senate companion - SB 1128 – by Senator Manny Diaz (R- Hialeah Gardens) is awaiting its second hearing in the Senate Commerce and Tourism Committee.

Entertainment Industry

SB 530 by Senator Joe Gruters (R-Sarasota) would create the Film, Television, and Digital Media Targeted Rebate Program within the Department of Economic Opportunity. Projects that are eligible for

the rebate program must provide the highest return on investment and economic benefit to the state. The bill is awaiting a hearing in its second stop in the Senate Innovation, Industry and Technology Committee. The House companion - HB 497 - by Representative James Buchanan (R-North Port) is still waiting to be heard in the House Workforce Development and Tourism Subcommittee.

Tourism Development Tax

SB 334 by Senator Linda Stewart (D-Orlando) would authorize counties imposing a tourism development tax to use the tax revenues to promote or incentivize film or television productions in the state. The bill would also require a specified statement to be included in the production’s credits. The bill is awaiting its second hearing in the Senate Finance and Tax Committee. The bill does not have a House companion.

Declawing of Cats

SB 48 by Senator Lauren Book (D-Plantation) makes it illegal for any person to declaw a cat in Florida. Violations can result in a $1,000 fine and veterinarians found to be declawing the cat are subject to discipline by the Board of Veterinary Medicine. An exemption is made in the instance that a cat is declawed for therapeutic purposes. The bill is awaiting its second hearing in the Senate Innovation, Industry and Technology Committee. There is not a House companion bill.

Recreational Vehicle Parks

HB 647 by Representative Brad Drake (R-Defuniak Springs) would revise provisions relating to recreational vehicle parks, including permit application, preemption, rebuilding of park, abandoned property, ejection of certain persons and removal of property from park and immunity from liability. The bill passed the House Civil Justice Subcommittee on Tuesday, February 4 by a vote of 11-1. The

Senate companion - SB 772 – by Senator Travis Hutson (R-Palm Coast) is awaiting its second hearing in the Senate Health Policy Committee.

Cultural Affairs

HB 757 by Representative Holly Raschein (R-Key Largo) would rename the Division of Cultural Affairs as Division of Arts & Culture and provide that the Secretary of State shall be known as "Florida's Chief Arts & Culture Officer". The bill would repeal provisions relating to Cultural Endowment Program short title, legislative intent, definitions and rulemaking. The bill unanimously passed the House Oversight, Transparency and Public Management Subcommittee on Tuesday, February 4. Liberty Partners was in attendance and continues to track this legislation The Senate companion - SB 1632 – by Senator Darryl Rouson (D-St. Petersburg) is scheduled to be heard in the Senate Governmental Oversight and Accountability Committee on Monday, February 10.

Emergency Sheltering of Persons with Pets

HB 705 by Representative Sam Killebrew (R-Winter Haven) would require Department of Education to assist Division of Emergency Management in determining strategies regarding evacuation of persons with pets and would require certain counties to designate shelter that can accommodate persons with pets. It would also specify requirements for such shelters. The bill unanimously passed the House Oversight, Transparency and Public Management Subcommittee on Tuesday, February 4 and now moves to the House Health Quality Subcommittee. The Senate companion - SB 752 – by Senator Aaron Bean (R-Jacksonville) is scheduled to be heard in the Senate Community Affairs Committee on Monday, February 10.

Beverage Law

SB 482 by Senator Jeff Brandes (R-St. Petersburg) would repeal provisions relating to limits to the size of wine and cider containers. Provisions that allow patrons of a restaurant to take partially consumed bottles of wine off the restaurant’s premises would also be changed under this law. The bill has not yet

been heard in the Senate Innovation, Industry and Technology Committee. The House companion - HB 583 - by Representative Anthony Sabatini (R-Clermont) is still awaiting its final hearing in the House Commerce Committee.

Captive-bred Animal Culture

SB 1176 by Senator Keith Perry (R-Gainesville) would create the "Florida Animal Policy Act". The bill would provide duties of the Department of Agriculture and Consumer Services and require the department to submit a list of specified research and development projects with its annual legislative budget request to the Governor and the Legislature. It would require a captive-bred producer to apply to the department for a certificate of registration and create the Captive-bred Animal Culture Advisory Council adjunct to the department. The bill is awaiting its first hearing in the Senate Agriculture Committee. The House companion - HB 933 - by Representative Clovis Watson (D-Gainesville) is waiting to be heard in the House Agriculture and Natural Resources Subcommittee.

Nonservice Animals

HB 243 by Representative Bruce Antone (D-Orlando) would prohibit nonservice animals from entering certain food service establishments or places of business. The Department of Business and Professional Regulation would also create and update a website for filed complaints. The bill is still waiting to be heard in the House Business and Professions Subcommittee. The Senate companion - SB 1814 – by Senator Bobby Powell (D-West Palm Beach) has yet to be heard in the Senate Commerce and Tourism Committee.

Emotional Support Animals

HB 209 by Representative Sam Killebrew (R-Winter Haven) would prohibit discrimination in a rental dwelling to a person with a disability or disability-related needs who has an emotional support animal. It would also prohibit a landlord from requiring such person to pay extra compensation and authorize the landlord to request certain written documentation. The bill is still awaiting its final hearing in the House Judiciary Committee. The Senate companion - SB 1084 – by Senator Manny Diaz (R-Hialeah Gardens) is scheduled to be heard in the Senate Innovation, Industry and Technology Committee on Monday, February 10.

Shark Fins

SB 680 by Senator Travis Hutson (R-Palm Coast) would prohibit the importation, exportation, and sale of shark fins. The bill unanimously passed the Senate Environment and Natural Resources Committee on Monday, February 3 and now moves to the Senate Commerce and Tourism Committee. The House companion - HB 401 - by Representative Kristin Jacobs (D-Coconut Creek) is awaiting its final hearing in the House State Affairs Committee.

Individual Wine Containers

HB 6037 by Representative Chip LaMarca (R-Lighthouse Point) would repeal provisions relating to a limitation of size of individual wine containers. The bill passed the House chamber by a vote of 112-6 on Wednesday, February 5. The Senate companion - SB 138 - by Senator Travis Hutson (R-Palm Coast) is still awaiting its first hearing in the Senate Innovation, Industry and Technology Committee.

Public Records/Trade Secrets

HB 799 by Representative Tommy Gregory (R-Bradenton) would provide a public record exemption for trade secrets held by an agency, provide notice requirements and exceptions and provide that the agency employee is not liable for release of records in compliance with act. The bill would also provide applicability and future legislative review & repeal. The bill is awaiting its final hearing in the House State Affairs Committee. The Senate companion - SB 1532 – by Senator Dennis Baxley (R-Lady Lake) has yet to be heard in the Senate Commerce and Tourism Committee.

Heat Illness Prevention

HB 513 by Representative Carlos Smith (D-Winter Park) would require certain employers to provide drinking water, shade, & annual training to employees & supervisors and require the Department of Agriculture and Consumer Services & the Department of Health to adopt specified rules. The House bill is still awaiting its first hearing in the House Workforce Development and Tourism Subcommittee. The Senate companion - SB 882 – by Senator Victor Torres (D-Kissimmee) has not been heard in the Senate Agriculture Committee.

Employment Practices

HB 889 by Representative Tracie Davis (D-Jacksonville) would create the “Florida Family Leave Act”. The bill would require an employer to allow certain employees to take paid family leave to bond with a

minor child upon the child's birth, adoption, or foster care placement. The bill would provide requirements, limitations, & duties and provide for civil action & penalties & criminal penalty. The

legislation would prohibit specified employment practices on basis of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. It would also provide for leave, maintenance of health coverage, reasonable accommodation & transfer, & return rights for an employee who is disabled from pregnancy, childbirth, or medical condition related to pregnancy or childbirth. The bill is currently awaiting its first committee hearing in the House Business and Professions Subcommittee. The Senate companion – SB 1194 – by Senator Janet Cruz (D-Tampa) is still awaiting its first hearing in the Senate Commerce and Tourism Committee.


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