January 22-26, 2018

Florida legislators made tremendous progress last week on completing its Constitutional responsibility of passing a state budget. The House and Senate appropriation subcommittees all released their proposed spending plans. On Friday, the House and Senate released their initial proposed budgets that will be heard this week in both full appropriation committees. Their proposed spending plans are roughly $100 million apart.


Meanwhile, the fight over VISIT FLORIDA funding continues between the House, Senate and Governor Rick Scott. Governor Scott has requested that VISIT FLORIDA be funded at $100 million for the next year, up from $76 million this year. The House has recommended the tourism marketing agency be funded at current levels, while the Senate has proposed allocating $50 million. The Senate says this is just a starting point for negotiations with Governor Scott and the House, but cuts current funding by 30-percent.


The House concluded their workweek in Tallahassee by passing legislation to bring more transparency to tourism agencies. HB 3 by Representative Michael Grant passed on third reading by a wide majority and will now head over to the Senate side for consideration. However, the Senate version must be still heard by four committees.


The following is a quick rundown where the Legislature currently stands on legislation impacting FAA:


Protection of Tourism Development Taxes

The House Ways & Means Committee passed a bill that would allow the use of tourist development taxes by local governments to spend on roads, sewers, drainage projects and sidewalks that “are needed to increase tourist-related business activities.” Opponents contend the bill would give local governments a loophole to spend tourism development taxes on expensive infrastructure projects only partially related to tourism. It could also lead to a sharp drop in funding for marketing or other efforts with a direct effect on businesses in the industry. Current law only allows bed taxes to be spent on tourism marketing, beach nourishment, convention centers, sports arenas, zoos, aquariums and other tourist attractions. HB 585, by Representative Randy Fine, passed by a vote of 15-

4. The bill is now in it’s final committee of reference as it is moving quickly through the committee process. The Senate companion bill, SB 658 by Senator Jeff Brandes, still has two additional committees to pass through before going to the full Senate.

Responsible Transparency Measures


The House is continuing its efforts to increase transparency for the allocation of public dollars by passing legislation last week. HB 3 by Representative Michael Grant would increase oversight for economic development agencies, including tourism groups that use public funding and limit how the groups could spend money. The bill blocks tourism agencies from spending money on food, beverages, lodging, entertainment or gifts and from accepting any of those things from other individuals or entities. The bill also requires agencies to post contracts totaling more than $5,000 on their website within five business days. The Senate version of the bill, SB 1714 by Senator Keith Perry, has been referenced to four committees and is scheduled to be heard this week in Senate Commerce & Tourism.

Support Funding for VISIT FLORIDA


An initial House budget proposals calls for spending $76 million on tourism marketing by VISIT FLORIDA, which is $24 million less that what Governor Rick Scott has requested. Meanwhile, an initial Senate plan would provide $50 million. These allocations come on the heels of an economic analysis by the Legislature’s Economic and Demographic Research that found VISIT FLORIDA yields a $2.20 return on investment for every $1 spent. The two chambers are scheduled to pass their respective budget proposals in their full appropriation committees this week.


Stop the Expansion of Gambling


The Senate took the first step towards passing comprehensive gambling reform by filing SB 840 by Senator Travis Hutson. Senator Hutson serves as the Chairman of the Regulated Industries Committee and stated that he felt the bill was in no way an expansion of gambling in Florida but actually represented a contraction since several

pari-mutuels would be allowed to “decouple” live racing and therefore reduce the options to gamblers. The bill would allow dog tracks to keep poker rooms even if they end live racing, essentially decoupling the requirement that those pari-mutuels who offer card

rooms also maintain live racing. The bill has already passed his committee by a margin of 7-2. The House Tourism & Gaming Control Subcommittee filed their version of the bill (PCB TGC 18-01) late last week and is scheduled to hear it this week. It is anticipated the bill is a starting point to get the two chambers into conference committee to negotiate their differences.


Provisions not included in either omnibus gambling bill, is the legalization of fantasy sports. However, it is the subject of two bills that are currently moving in the House and Senate. HB 223 by Representative Jason Brodeur and SB 374 by Senator Dana Young are both moving quickly through the legislative process. However, the legislation creates a new section in statute within the family entertainment section. It appears this is designed to exempt these games from DBPR regulation under current gambling laws.


Promote Responsible Stewardship of Animals in Care


Representative Jared Moskowitz has filed HB 1305 titled the Florida Orca Protection Act. The bill would prohibit the captivity of a killer whale for any purpose. Additionally, any killer whale in captivity on July 1, 2018, may not be used for entertainment purposes after December 31, 2018 and can only be used for educational presentations. The bill does not currently have a companion bill in the Senate.


Tax Cuts for Commercial Leases


Senator Keith Perry filed legislation on commercial and real estate property taxes that he sponsored last session. SB 902 would repeal the statute related to rental taxes on the first

$10,000 and increase by increments of $10,000 for each year until reaching the threshold of the first $90,000 in 2026. Representative Larry Ahern has also filed the identical bill in the House, HB 409. Neither bill has been heard in a committee at this time.


Expansion of Gun Rights


The House and Senate have started moving forward with measures that would allow people with concealed-weapons licenses to carry guns on the grounds of churches and other religious institutions that include schools. SB 1048 by Senator Dennis Baxley was amended last week to preclude the possession of firearms during hours when schools or day-care centers are operating. HB 1419 by Representatives Lawrence McClure and Ross Spano does not have the same preclusive language at this time.


Lost and Found Articles


A bill filed by newly-elected Representative Bobby Olszewski would allow facilities, such as zoos, museums, and aquariums, to give unclaimed items to a charitable institution without first having to turn them over to law enforcement. HB 851 has provisions that require theme parks and other institutions to hold on to items for at least 30 days, but they can store them longer if they choose. The rightful owner may reclaim the property at any time before the disposition, sale or donation of the property in accordance with the

established policies and procedures of the facility operator. The bill was passed out of its first committee of reference this week, the House Agriculture & Property Rights Subcommittee. SB 1052 is the Senate companion bill filed by Senator Dana Young and unanimously passed the Senate Commerce & Tourism Committee this week. The bill is on the agenda for the Senate Banking and Insurance Committee this week.


School Calendars


Senator Jeff Brandes has filed the companion bill SB 668 to HB 587 by Representative Newt Newton that would authorize a district school board to create a year-round school program for any school within its district that is one of the 300 lowest-performing schools in the state.

House and Senate calendars can be found at www.myfloridahouse.gov and www.flsenate.gov