Governmental Affairs
FRLA Members Urged to Help Fight Expansion of Hotel Bed Tax as Proposed in HB 699
No-Match Mandates to be Reissued
(Washington, D.C., March 27, 2008) – The Bush Administration today reissued proposed rules that seek to increase enforcement of immigration laws. These measures contain significant changes, including mandatory procedures that employers will have to follow after receiving “no-match” letters and subsequent penalties if they fail to do so.
Attorney General Michael B. Mukasey Announces Higher Civil Fines Against Employers for Immigration Violations
Attorney General Michael B. Mukasey today announced higher civil fines against employers who violate federal immigration laws. The announcement was made in a joint briefing today with Secretary of Homeland Security Michael Chertoff about newly enacted border security reforms put in place by the Departments of Justice and Homeland Security. Under the new rule, which was approved by Attorney General Mukasey and Secretary Chertoff, civil fines will increase by as much as $5,000. The new rule will take effect on March 27, 2008, and will be published in the Federal Register early next week.
Give Back to Your Community by Participating in Charity Challenge
Relating to Lobbyist/Prohibition of Acceptance of Expenditures
Senator Al Lawson has introduced SB 2056, regarding exceptions to the prohibition of acceptance of expenditures by legislators from lobbyists. The bill, will permit legislators to eat at events, meetings and functions held for purpose of providing information on legislative and government issues. In no event would food and beverage expenditure consumed exceed a total value of $20.00
For more information, visit click here.
Heartland's "Payment Insider" Outlines New PCI DSS Mandates
Dear Valued Merchant,
It’s been a year since TJX Companies, Inc. suffered a massive computer breach that compromised the identities of millions of credit and debit cardholders. Just recently,
the company agreed to pay up to $40.9 million to eligible U.S. Visa issuers — the resultant amount after Visa rescinded a portion of the fines it imposed. And, that’s not the end of it. TJX still faces other fines and lawsuits.
Information breaches are hardly a concern just for large companies. Yet, many small business owners don’t understand the damage information security incidents can cause — and they don’t properly protect themselves and their customers. Make no mistake: safeguarding information should be one of your top priorities.
That’s why we are devoting this issue of Payments Insider to compliance with data security standards.
If you have any questions about the security of your payment transactions, please call your relationship manager, servicing manager or our Heartland servicing team at 888.963.3600. You can also reach us at Heartland@e-hps.com.
Best regards,
P. Gayle Hoskinson, Interchange and Compliance Manager
National Restaurant Association: Economic Stimulus Bill to Provide Boost for Restaurant Industry
Dawn Sweeney, President and CEO of the National Restaurant Association, made the following statement regarding final congressional approval of an economic stimulus package:
"A healthy economy is vitally important to the restaurant industry and to the nation. We commend Congress and President Bush for working together in a bipartisan manner to pass this stimulus package. The agreement should provide a boost for the restaurant industry not only because it allows taxpayers to retain more of their hard-earned income, but also because it includes expensing and bonus depreciation measures that will provide incentives for small-business owners to invest in their companies and hire new employees."
Breaking News on Congressional Race
Change in International Land and Sea Travel Document Procedures
Understanding the New Property Tax Amendment
FRLA Board Member Jimmy Patronis, offers his insight—as a Florida Representative— on meaningful property tax relief for Floridians. “This has been one of my top priorities this year,” he says. He provides answers to typical questions members might have to help understand the new Property Tax Amendment.
House Budget Chair Ray Sansom’s Update for FY2008-09 Budget
Florida House of Representatives Policy and Budget Council Chairman Ray Sansom sent a memo on Jan. 10 to all House members, providing an update on the state budget for the fiscal year 2008-09.
Protect Yourself: Increased Media Interest in Hotel Cleanliness
Recently the Chicago Sun-Times published an investigative piece on contaminated ice samples from local restaurants and hotel bars. The Sun-Times journalists sampled ice from 49 establishments and found 11 with high levels of fecal coliform bacteria, including three hotel bars.
Continued Support Needed to Stop Irresponsible “Hometown Democracy” Amendment
Despite recent changes that require increased voter approval to alter the Florida Constitution, another irresponsible amendment is being promoted by extreme special interests. The so-called “Hometown Democracy” amendment, a statewide “Vote on Everything” initiative, would imperil Florida’s prosperity and quality of life.
H-2B Fly-In To Washington Scheduled
Save Small Business, an organization with which AH&LA works on the H-2B issue, has announced a fly-in to Washington, DC for Wednesday, December 5 and Thursday, December 6, 2007, to provide an opportunity for employers to meet with their representatives and senators and urge them to pass legislation to provide relief to the H-2B visa program.
Legislature Puts Property Tax Reform on January Ballot
Measure to be decided on January 29
On October 29, 2007, the Florida House joined the Florida Senate on a package of property tax reforms that will be put before voters to decide on January 29, 2008. The package is significantly different than what was passed by both chambers just last week. The final constitutional amendment contains four items (outlined below) that seeks to reduce property taxes on both homestead property and non-homestead property.
Workforce Innovation Announces New Minimum Wage Effective January 1, 2008
Florida's minimum wage is $6.79 per hour, effective January 1, 2008. This is up from the $6.67 per hour minimum wage in 2007. On November 2, 2004, Florida voters approved a constitutional amendment which created Florida’s minimum wage. The minimum wage applies to all employees in the state who are covered by the federal minimum wage.
Florida law requires the Agency for Workforce Innovation to calculate a new minimum wage each year and publish the new minimum wage on January 1. The current minimum wage represents a 1.85 percent change in the federal consumer price index for urban wage earners and clerical workers in the South Region for the 12-month period prior to September 1, 2007. Florida's minimum wage is $.94 more than the current federal minimum wage of $5.85.
Proposed Re-Write and Amendments to “Sales and Use Tax”
The Department of Revenue’s rules regarding the taxation of food has been a collection of piece-meal fixes over the years.Click here to review a proposed re-write to the “Sales and Use Tax” rules, which will substantially affect our industry. If you have any questions or comments, feel free to contact FRLA’s Government Relations section at (850) 224-2250.
New "No-Match" Rules Blocked
Court Prevents Implementation of Burdensome New Rules
(Washington, D.C., October 15, 2007) - Recent rules issued by the U.S. Department of Homeland Security (DHS) that would require employers to take certain actions upon receipt of Social Security "no-match" letters have been blocked by a U.S. District court. The government is expected to appeal the decision. Under the ruling, employers will not be required to take new extraordinary actions or be subject to severe penalties unless the ruling is overturned in the future.
Hoteliers Asked to Contact Congress, Urge Renewal
H-2B Relief To Expire Sept. 30
Hoteliers should contact their Senators and Representatives immediately and urge them to cosponsor legislation that will maintain the relief of the H-2B visa program that is scheduled to expire on September 30.
Senators should be asked to cosponsor S. 988 introduced by Sen. Barbara Mikulski (D-MD) which would extend the H-2B relief provision for 5 years.
Representatives should be asked to cosponsor H.R. 1843 introduced by Rep. Bart Stupak (D-MI) which would make the H-2B relief provision permanent.
Hoteliers should note that although the H-2B program is extremely expensive and difficult to use, it is critical to seasonal businesses. It should also be stressed that if a renewal is not enacted, Congress will be punishing employers that follow the law.
Licensing Fee Rule
Proposed Licensing Fee Rule 61C-1.008 gives DBPR the ability to waive food and lodging license fees. Click here to download the proposed Licensing Fee Rule 61C-1.008.
Property Tax Amendment Thrown Off January 29 Ballot
On September 24, 2007, a Leon County circuit judge ruled that the ballot summary for the proposed property tax amendment on the January 29th ballot is not clear or unambiguous, and does not provide fair notice of the effect of the proposed constitutional amendment. The judge focused on the fact that the summary is not clear as to the ultimate fate of Save Our Homes if the amendment were to pass. However, the judge did find that the legislature has the authority to limit the ability of local governments to levy property taxes, so the statutory relief provided by the June special session stands. Below is a copy of the opinion for your review and analysis. Keep in mind that the Legislature is due to convene in special session next week, so they could potentially rework the summary and place the issue back on the ballot. We will keep you posted as this issue develops.
Taxation and Budge Reform Commission Holding Public Hearings
The Taxation and Budget Reform Commission (TBRC) is in the process of holding public hearings throughout the state to obtain feedback from the general public about the additional steps that must be taken to achieve meaningful tax reform in Florida.
The TBRC, which is chaired by former Florida House Speaker Allan Bense, is given the responsibility under the constitution to “examine the state budgetary process, the revenue needs and expenditure processes of the state, the appropriateness of the tax structure of the state, and governmental productivity and efficiency.” The TBRC can propose constitutional amendments for the November 2008 ballot. To find out more about the TBRC, go to www.floridatbrc.org.
Below is a schedule of their upcoming meetings, and some suggested talking points for you to use if you attend a public hearing and wish to provide public comments to the commission. The business community is encouraging everyone to attend a meeting in their area and lend a voice to others across the state who are calling for additional tax relief and reform, particularly because of the uncertainty that now surrounds the work of the proposed constitutional amendment.
PIP Deal Coming Together
TALLAHASSEE - Florida’s no-fault auto insurance law may be getting a second chance at life, but with beefed up protections against fraud.
Although set to expire on Oct. 1, legislative negotiators on Friday reached an agreement to extend - likely by three months - the current requirement that motorists carry a minimum of $10,000 in personal injury protection.
As of January, the no-fault law would be revamped, for the first time setting fee limits on what hospitals, doctors and clinics can charge for accident-related care and setting aside $2 million to prosecute fraud and provide better oversight by the Attorney General’s office. Put together under pressure from Gov. Charlie Crist’s office, the deal must still be approved by legislative leaders and then ratified by the Florida Legislature.
The state’s lawmakers are set to go into a 10-day special budget cutting session on Oct. 3 but lawmakers could be called into a quick session next week, when many will already be in town for budget committee meetings.
Senate Banking and Insurance Chairman Bill Posey, R-Rockledge, said if his colleagues approve the changes it will, “mean rates will not continue to go up because of fraud or because PIP was abolished and replaced with more expensive insurance.”
He laughingly compared the agreement to giving birth, saying, “It took about as long and was about as painful.”
In what has been called one of the largest special interest food fights ever, the battle over how to revamp PIP has raged over the past year, pitting large insurance companies, small independent insurance companies and agents, trial attorneys, hospitals, doctors and medical clinics against each other.
The compromise was forged by Posey and Rep. Ellyn Bogdanoff, R-Fort Lauderdale.
It is the large insurance companies, led by State Farm, the state’s largest auto insurer, that wanted to put an end to no-fault insurance. They claimed the system is rife with fraud, which jacks up the rates.
Under no-fault, insurance companies must pay medical benefits for their policyholders, no matter who caused an accident - and that has opened the door to staged car crashes, false crash reports, contrived injuries and fraudulent billing. If no-fault were allowed to expire, drivers determined to be at fault would be responsible for the medical expenses of everyone involved.
Linda Kleindienst of the Tallahassee Sentinel Bureau filed this report:
NRA Urges Reconsideration of Regulations on "No-Match" Letters
(Washington, DC) - The National Restaurant Association this week sent a letter to the U.S. Citizenship and Immigration Services of the Department of Homeland Security (DHS). The letter urged reconsideration of regulations set forth by the Bureau of Immigration and Customs Enforcement regarding legal obligations of employers upon receipt of "no-match" letters from DHS or the Social Security Administration (SSA).
Security Alert: International Intelligence Gathering Via Email
There have been recent incidents of hotel companies receiving the following international emails requesting items that could be construed as intelligence gathering:
"I would like to receive the complimentary brochure of your hotel/resort, free of cost. The reason is that I am fond of collecting hotel and resort brochures which I do not sell. In addition to the brochure, if your hotel/resort has some complimentary accessory items like pens, pencils, markers, file covers, file clips, hotel logo stickers, 2007 edition calendars, letter pads, writing pads, mouse pads, key rings, diaries, carrier bags, complimentary wallet, etc., then I request you to kindly send to me on behalf of your hotel/resort as souvenirs, free of cost."
The Department of Homeland Security has investigated the emails and do not believe the ones received to date pose a dangerous threat. They advise each property to treat the messages as a SPAM and ignore the emails.
If you receive a suspicious request, please contact the local Department of Homeland Security representative or call the local FBI office. Please also contact the National Infrastructure Coordination Center, which tracks incidents and shares leads with 17 sectors, at (202) 282-9201. You should also notify your franchisor's loss prevention department.
Managing Spent Fluorescent and High Intensity Discharge (HID) Lamps
You are encouraged to recycle fluorescent and HID lamps, even those with lower mercury content, by following the Chapter 62-737, Florida Administrative Code regulations outlined in this fact sheet.
Opposition to Hometown Democracy’s Constitutional Amendment
Despite recent changes that require increased voter approval to alter the Florida Constitution, another irresponsible amendment is being promoted by extreme special interests. The so-called “Hometown Democracy” amendment, a statewide “Vote on Everything” initiative, would imperil Florida’s prosperity and quality of life (Read Summary). We need your help right now to stop it.
Identification Requirements To Be Increased For Travel to U.S.
Land and Sea Travel to be Affected
(Washington, D.C., June 20, 2007) - The Western Hemisphere Travel Initiative (WHTI) requires anyone, including U.S., Canadian and Mexican citizens, entering or re-entering the U.S. from the Western Hemisphere to have a passport or other secure document.New Property Tax Plans Released as Special Session Approaches
Dear Members:
Preview Florida’s Property Tax Reform Plans  Governor Crist’s Plan House Democrat Plan House Republican Plan Property Tax Relief Agreement |
In the final days of Regular Session, Senator Webster and I focused on one particular approach which has the potential to provide the levels of relief and reform that our members seek and which also appears to be favorably viewed by our partners in the Senate. As you may already know, Speaker Rubio recently publicly discussed this methodology upon which we hope to base a consensus product for property tax relief and reform. Under this approach, homestead exemptions would be dramatically increased based on a percentage of value (as opposed to a flat dollar amount.)
Here is one example of how this might work:
- On the home’s first $300,000 in just value, 80% of the value of the property would be exempt from property taxes.
- On the next $700,000 in just value, 70% would be exempt.
- On just value above $1,000,000, 30% would be exempt.
Under the above “tiered” example, about 90% of existing homestead property owners would benefit under the plan. Furthermore, the relief is targeted proportionally to the homestead properties that have been treated most unfairly as a result of the inequities created by the Save Our Homes amendment, i.e., people who recently purchased their home will receive greater relief than those longstanding homestead owners who have been living in their homes longer and receiving the valuation protection provided by the Save Our homes amendment.
It’s important to note that the above tiered structure is only one example of how the percentage based exemption methodology could be implemented. There are several variables and options to be considered, including what percentage(s) to use and to what the percentage exemption will be applied, e.g., should the exemption be based upon a flat statewide percentage, a percentage that varies county-by-county like median home value, or a percentage based upon a tiered structure similar to the one above, or some combination or variation of these approaches.
With respect to the small percentage of homeowners who may be better off under the existing Save Our Homes structure than a percentage-based exemption, our goal would be to “grandfather” their existing benefit. Although they may not receive a reduction in their current property taxes, they would no longer be trapped in their homes, unable to move. The new larger homestead exemption would allow longstanding homestead owners to move without an excessive higher tax penalty, achieving a great reduction in the inequities created by the Save Our Homes and practical portability.
We may also be able to provide relief to non-homestead property owners through this percentage-based exemption approach as well. Both non-homestead residential properties and commercial and industrial properties could be granted an exemption equal to a percentage of their value and would consequently see property tax savings in addition to those achieved through a statutory roll-back and cap.
Although relief for the taxpayers remains our goal, we should also recognize that this approach will affect local governments differently than our original rollback plan with which you are familiar. Under that plan, local governments which had significant increases in revenues which were not attributable to growth generally experienced the largest cuts. Under this new approach, jurisdictions whose property mix is heavily homestead residential may experience different levels of reductions in property tax revenues as compared to those jurisdictions whose property mix is non-homestead residential, depending ultimately on what percentages are set for the various exemptions.
Having identified conceptual common ground for the basic foundation for a plan, we still have much work to do. Among the remaining goals are providing targeted relief for the elderly poor, affordable housing, and working waterfronts. We will also need to incorporate the revenue and millage cap mechanisms and address the challenges faced by fiscally-constrained counties and cities, school districts, hospital taxing districts, and children’s service councils. We are working daily on these and all the remaining issues in addition to negotiating with the Senate over what level of relief will be provided toFlorida’s taxpayers.
Based on agreement between the Speaker’s office and Senate President’s office, the joint meeting in Tallahassee scheduled for 1:00 on May 21, 2007, will be devoted entirely to a presentation and discussion of the details of the percentage-based exemption methodology and how it may be implemented.
Once that foundation is laid, we will be positioned to address the remaining issues before us. For our meeting on June 4, 2007, we will address the remaining issues (such as relief for the elderly, affordable housing, working waterfronts, protections for critical special districts, etc.) which will allow us to tailor our work product and target those taxpayers who need relief the most while protecting essential government services. Over the coming weeks, I believe we will craft a plan which both chambers and both parties can support but, most importantly, that will provide meaningful property tax relief and reform for the citizens ofFlorida.
Thank you for your time.
Dean Cannon
State Representative
District 35
Business Interests Caution Crist on Property Tax Relief
TALLAHASSEE, Fla.– Leaders of business groups and their lobbyists cautioned Gov. Charlie Crist on Tuesday against shifting more of the tax burden their way in his drive to slash property taxes. They voiced support for property tax cuts but were worried other taxes or fees would be increased to make up for losses. Associated Industries of Florida President Barney Bishop also told Crist the cuts shouldn't be so deep that they harm the ability of cities and counties to provide vital services…
… Florida Restaurant and Lodging Association President Carol Dover said a longtime Key West restaurateur moved from the island city because he couldn't afford to pay employees enough to afford housing.
"Some hoteliers are actually giving up hotel room for employees to live on property,"Dover said. >> Complete Story
Legislative Wrap-Up
Legislative Topics Acted Upon This Session
- Trans Fat Legislation Languishes in Committee
- Many Alcohol Issues Wither on Legislative Vine
- Guns in the Workplace Fails Once Again in Committee
- Attempts to Repeal of School Year Start Date Defeated in Both Chambers
- Clean Bathroom Bill Stalls in Committee
- Civil Liability Reforms Protected
- Private Property Protection Bill, Passes Awaits Governor’s Signature
- Gift Card Reforms Pass House and Senate Unanimously
- Reasonable Carbon Monoxide Detectors Legislation Passe
- Constitutional Initiative Reforms Sent to Governor for Signature
- Pro-Start and LMP Legislation Passes Legislature Unanimously
Trans Fat Legislation Languishes in Committee
A bill that would require virtually every restaurant in the state to post signs alerting patrons of the dangers of consuming trans fats was workshopped by the House Business Regulation Committee early in the session. When a bill is workshopped like HB 309, sponsored by Representative Joe Gibbons, it means that no votes are taken on the proposed legislation and that the committee only discusses the bill. It also means that the issue is more than likely dead for that session. With the House Bill essentially dead, SB 1628, sponsored by Senator Gwen Margolis no longer had a House companion, which made its passage in the Senate unlikely.
The bill as originally written required that a restaurant which served trans fats, whether artificial or natural, to post a sign that read “Some foods served here contain trans fats. Eating foods with trans fats can increase your risk of stroke and heart attack.” In addition to the standard licensure suspension and revocation language that accompanies posting requirements, the House Bill also called for criminal penalties for those restaurants that do not post a sign.
Upon filing of this legislation, the Florida Restaurant and Lodging Association immediately contacted committee staff as well as the bill sponsor to discuss what we felt were overly burdensome provisions as well as excessive penalties. One of FRLA’s major concerns was that the bill as filed did not differentiate between artificially created trans fats and those that occur naturally in beef, dairy products and lamb. In the practical application of this legislation it would mean a restaurant that served one or more dishes with beef, milk or lamb (or a by-product there of) but that took the necessary steps to remove artificial trans fats from their cooking oils and baking ingredients would still be required to post a trans fat warning sign. Without making exceptions for naturally occurring trans fats the legislation would have established a statewide mandate as opposed to a precautionary posting.
These concerns among others were voiced at the workshop held in the Business Regulation Committee and it was determined by the Chairman that the legislation needed significant revisions before it would be heard by the committee at the earliest next year.
The Florida Restaurant and Lodging Association has maintained staunch opposition politically as well as publicly against posting requirements and any mandate regarding trans fats. We will continue to work to ensure restaurants are able to operate without intrusive government regulations in areas that are best left to the influence of our customers and the free market.
Many Alcohol Issues Wither on Legislative Vine
At the beginning of this year’s session, multiple alcohol related bills were filed that would directly or indirectly affect Florida’s Hospitality Industry. These bills ranged in effect from mandating responsible vendor training as in SB 1956 to the illegal sale or service of an alcoholic beverage as in SB 328. Listed below are all alcohol related bills that did not pass this session but could have negatively impacted our industry.
SB 326 (Posey)
Revises penalty for selling, giving, or serving alcoholic beverages to person under age 21.
SB 328 (Posey)
Restricts vendor's defense to suspension or revocation of license following employee's illegal sale or service of alcoholic beverage.
SB 410 (Posey)
Increases penalty for allowing open house party to take place which involves knowledge of possession or consumption of alcoholic beverages or drugs by minor & failure to prevent such possession or consumption; provides that person is liable for any injury or damage caused by or resulting from unlawful possession or consumption of alcoholic beverages or drugs at open house party
The Senate Regulated Industries Committee released a bill SB 1954, which was a result of the committee’s interim project on underage drinking on college campuses. When the bill was originally draft it contained language that would have required the seizing of false identification, clarified prohibition of minors consuming alcoholic beverages and established legal guidelines for proving intoxication. Through meetings with committee staff and representatives from the beverage industry, provisions that would have negatively affected or placed an unreasonable burden on the industry were removed from the bill. SB 1954 eventually died in the Senate Higher Education Committee.
One bill addressing designated drivers and refusal of service by an establishment did pass this session. HB 169 by Representative Heller and SB 282 by Sen. Fasano stated that a business “may not refuse service to any person solely because the person is not purchasing alcoholic beverages if that person is the designated driver for one or more persons who are purchasing alcoholic beverages at the establishment.”
Guns in the Workplace Fails Once Again in Committee
One of the most controversial bills to face the legislature, failed to make it out of committee for a second straight year. HB 1417, sponsored by Representative Dennis Baxley, pitted the NRA and pro-gun lobby against the united business community. The issue addressed by both HB 1417 and SB 2356, sponsored by Senator Doc Peaden was whether businesses have the right to enact policies that prohibit guns from being brought onto their parking lots in the vehicle of employees or customers. FRLA and the rest of the business community argued that it is the right of a business owner to control their privately owned property and to provide a safe environment for both employees and customers.
The legislation passed through both of its committee assignments in the Senate. In the House, the legislation was assigned to only one committee, the House Environment and Natural Resource Council. This was a critical committee stop for the legislation. If the bill was voted down in the Council then the issue would be dead for this session. However, if it were to pass then the bill would be in position for a floor vote in either house. After two hours of debate and discussion, the House Environment and Natural Resource Council voted 10 to 4 against the bill, ending any chance of the bill passing for this session.
Through the collective efforts of FRLA and the business community, this dangerous and unnecessary piece of legislation was once again defeated. Marion Hammer, the head lobbyist for the gun lobby in Florida, promised to reintroduce the legislation for the 3rd consecutive year. FRLA will continue to lobby against this hazardous and unwarranted piece of legislation that attempts to prohibit Florida restaurants and hotels from providing a safe and secure environment for guests and employees.
Attempts to Repeal of School Year Start Date Defeated in Both Chambers
Last year the Florida Restaurant and Lodging Association was successful in passing legislation that required schools to begin no earlier than 14 days prior to Labor Day. This bill was in response to schools starting classes earlier and earlier in the year eating away at families’ traditional summer vacation. The bill was set to take effect beginning with the 2007-2008 school year. However, before the law could take effect, legislation was filed that sought to repeal the untested law by creating exemptions that would affect nearly every school in the state.
The first attempt at repeal began prior to session as SB 148, filed by Senator Posey, was calendared in the Senate Education Pre K-12 Committee. As the result of a heavy pre-session lobbying effort the bill was initially voted upon unfavorably. However, a motion to reconsider the bill was made and seconded and so the bill would be heard in the next committee meeting. After another week of significant lobbying efforts the motion to reconsider was abandoned and the bill died in committee.
With the issue dead in the Senate, it was assumed that any effort in the House to repeal the school start date language would be abandoned since no Senate companion could exist. However, Representative Dick Kravitz continued with efforts to pass a similar provision in the House. HB 653, which addressed more general education issues but which also contained a section that repealed the school start date law, was calendared in the House Schools and Learning Council. An amendment was filed that removed the school start repeal, and it passed after lengthy discussion and debate. Once again the school start date law was protected from repeal. FRLA continued through the end of session monitoring education bills to ensure that no amendment was filed that would repeal last year’s school start law.
However, an amendment was filed. Representative Kravitz, in a last ditch effort, attempted to attach a late-filed amendment to an unrelated piece of education legislation. FRLA’s lobby team discovered the amendment and was able to block its introduction onto the House floor during the bills second reading. The next day, on the bill’s 3rd and final reading before its eventual passage, Rep. Kravitz once again attempted to amend the bill. After lengthy debate the amendment, requiring a 2/3 vote for passage, failed 75 to 40. With the negative vote on the amendment, the school start date law was preserved and will take effect this coming school year.
Clean Bathroom Bill Stalls in Committee
Legislation that would codify into statute provisions for bathroom cleanliness that already exists in rule and law, failed to pass out of committees in either the House or the Senate. The legislation, SB 1462 in the Senate and HB 619 in the House, as drafted did little to change standards or requirements for the restroom cleanliness in restaurants, and originally the bill did not even effect restaurants regulated under chapter 509 (which is nearly every restaurant in the state). Upon realizing the original legislation’s ineffectiveness, the bill was amended. However, even after changes were made the legislation still did little to alter the regulatory standards that already exist for restaurant restrooms.
FRLA worked with staff behind the scenes to help explain why this legislation was duplicative and unnecessary. After several meetings with Senate staff it became clear that legislation would not continue through the committee process. In the house, the legislation was never calendared for a committee meeting and was never debated. FRLA’s lobby team was again effective in stopping redundant and unnecessary legislation from becoming law.
Civil Liability Reforms Protected
Attempts to undo the landmark civil liability reform of last year’s joint and several repeal was thwarted by joint business efforts. HB 733 sponsored by Representative Needleman and SB 1558 sponsored by Senator Ring, would have repealed the Fabre Doctrine which ensures that jury awards are fair. These bills specify that fault can only be apportioned among the claimant and defendants. This means that attorneys will be able to cherry-pick deep pocketed defendants and force them to pay more than their fair share of damages, even if they are only partly at fault. Those who are mostly to blame for a plaintiff’s injuries would bear no responsibility at all if they are not named in a lawsuit.
The Fabre Doctrine originated with the Florida Supreme Court in a 1993 decision. The Florida Supreme Court said that juries are allowed to fairly apportion fault among all those responsible for a plaintiff’s injuries, including those who are not parties to a lawsuit. The Fabre Doctine says that fault may be apportioned among everyone who may be responsible for an injury, even if they are not defendants. It was codified in 1999 by the Florida Legislature.
The Fabre Doctrine ensures that jury awards are fair. When a jury determines responsibility for damages, it should be allowed to apportion fault among all those responsible — defendants, plaintiffs, and any others, whether named in the lawsuit or not. Without the Fabre Doctrine, plaintiffs and their attorneys would be able to force those least responsible to pay a disproportionate share of damages.
While committees in either chamber favorably passed the legislation, both bills had two remaining committee stops with no meetings left on the agenda. With no remaining committee meetings at which the bills could be heard, both pieces of legislation died on the calendar. Through communication with leadership, FRLA and the business community were once again successful in protecting businesses against the establishment of unfair legal doctrines.
Private Property Protection Bill, Passes Awaits Governor’s Signature
Legislation that would codify in law the right of a business owner to remove persons from their property that are participating in activities of supporting or opposing constitutional initiatives passed the House unanimously. HB 559, sponsored by Representative Don Brown and SB 1920, sponsored by Senator Mike Fasano were both important steps in the march towards meaningful constitutional reform. In the past, many police officers have been hesitant to remove petition gathers from private property when asked by the property owner, especially when that property is held open to the public for commercial use. The purpose of the bill was to clarify the right of a business owner to remove persons that are collecting, supporting or opposing petitions on their property, regardless of the fact that that property may be held open to the public for commercial purposes.
This is one of several approaches be undertaken this session to reign in the constitutional initiative process, which has emerged as an end around the legislative process. Special interest groups that are unsuccessful at pushing their issues through the purposefully deliberative legislative process have instead begun to pour millions of dollars into the constitutional initiative process. These groups often employ paid petition gatherers that frequently collect petitions on the private property of businesses regardless of whether or not that business supports the amendment in question.
FRLA believes that no business owner should be forced to allow a special interest group to use their privately owned property to collect petitions that they disagree with. This bill is an important step in establishing prudent and reasonable standards for the collection of signatures for constitutional initiative.
Gift Card Reforms Pass House and Senate Unanimously
Legislation that would ensure that the unclaimed value of gift cards would not escheat to the state passed both chambers in the last week of Session. HB 1259, sponsored by Representative Michael Grant and SB 1638, sponsored by Senator Lee Constantine were both heavily amended as they made their way through the legislative process.
Initially the bills were drafted in a straightforward manner. First, the bills ensured that the unclaimed value of gift cards and certificates would not escheat to the state. Second, the legislation would have prohibited expiration dates and dormancy fees on the cards. There were some concerns that existed with the original bills, and so amendments were adopted to address those concerns. For example, exceptions were made for expiration dates in certain circumstances; such as when the cards are given away for charitable purposes, are a part of an employee or customer incentives program, or are a part of a package deal associated with an event with a limited duration. Exceptions were made for banking or financial institutions.
Although this legislation went through many variations on its way to final passage, the key goals initially sought by this bill were still achieved; the value of unclaimed gift cards will not escheat to the state. This allows restaurants and hotels to write off the financial liability of the value of unclaimed gift cards after a set period of time without having to remit that value to the state.
Reasonable Carbon Monoxide Detectors Legislation Passes
After several tragic deaths in Florida this past year, as a result of carbon monoxide poisoning, it was clear that legislation would be filed to address the issue. In all, four separate bills were filed, all with different intents and purposes. Two of the four bills originally addressed only carbon monoxide detectors in residential dwellings, SB 1822 Sen. Garcia and HB 483 Rep. Gonzalez, while the other legislation addressed public lodging establishments SB 1840 Sen. Justice and HB 1303 Rep. Saunders.
FRLA met with bill sponsors to sift through some of the hospitality industry’s concerns. It was determined early on that Rep. Saunders legislation was the most pragmatic of the four, in that it required detectors be placed only in rooms where boilers or other carbon monoxide producing machinery exist. Rep. Saunders and FRLA worked with Sen. Justice who filed a companion bill in the Senate, to ensure that reasonable approach taken in HB 1303 was incorporated into SB 1840. With both bills that specifically addressed lodging establishments amended to reflect the sensible language desired by FRLA, we continued to monitor the “residential” CO2 legislation.
Midway through session, the bills that originally were drafted to address detectors in residential dwellings were amended to include public lodging establishments. After several committee meetings the residential bills were amended to reflect the preferable language that had been worked out with the previous sponsors. Several more amendments were added to clarify definitions in the bill and ensure that the bill spoke only to placing detectors in boilers rooms. At this point in the legislative process, the bill required that all new construction include the instillation of carbon monoxide detectors within 10 feet of sleeping rooms. This last section of the bill would not take effect until July 1, 2008 and discussions have been held with the sponsors about clarifying this particular provision before its effective date.
Eventually all bills contained matching language and in the last days of session SB 1822 was placed on the special order calendar and eventually passed out of both chambers.
Constitutional Initiative Reforms Sent to Governor for Signature
SB 900, sponsored by Sen. Bill Posey and HB 7009, sponsored by Rep. Dean Cannon, that address the petition gathering process for constitutional amendments passed the Senate. The bill as originally drafted established the following requirements and standards to ensure the validity of the process.
- A requirement that paid signature gatherers wear a badge saying they are getting paid
- A ban on paying gatherers per signature
- A requirement that signatures be turned in and verified every 30 days
- A provision that allows people to remove their signature after they sign a petition
- A provision that allows private property owners to prohibit signature gathering on their property
However, the Senate bill in its final committee stop was stripped of these measures and was sent to the Senate floor containing only a provision that would allow voters to remove their signature from a petition after signing. The bill passed the Senate and was sent to the House where the more specific and desirable language was added back to the bill. The bill as amended was sent to the Senate where they refused to concur with the bill as amended and asked that the house recede their amendments. The house rescinded their amendment and passed the bill lacking the above outlined provisions. As passed, the bill simply allows a voter to remove their signature if so desired.
Pro-Start and LMP Legislation Passes Legislature Unanimously
Legislation that would help to streamline funding for FRLA’s Pro-Start Program passed the House and Senate unanimously in the last week of session. HB 419, sponsored by FRLA’s own Rep. Jimmy Patronis and SB 2484 sponsored by Senator Mike Haridopolos helped ensure FRLA’s Pro-Start and LMP programs that help train the future leaders of Florida’s hospitality industry. No piece of legislation emerges from the process in the same form that it enters, and this bill was no exception.
Through the hard work of Rep. Patronis, the legislation successfully navigated through the committee process where concessions were made and agreements reached to assuage concerns held by interested parties. In the end, after amendments were added the legislation sailed through both chambers with only two days remaining in session.
Once signed into law this bill will help ensure that students involved in FRLA’s Pro-Start and LMP educational programs will have access to the resource that they need to succeed. The bill will also help alleviate and ease some of the financial and bureaucratic restrictions and will allow FRLA greater flexibility in our administration of this terrific educational opportunity.
Federal Minimum Wage Increase
- Read Small Business and Work Opportunity Tax Act (H.R. 2206)
- Read Amendment 1 to the Senate Amendment to H.R. 2206
The House and Senate approved the minimum wage/tax package as part of the Iraq War Supplemental (H.R. 2206). The President is expected to sign the legislation very soon. Late Thursday, the House voted 348-73 to add to theIraq bill a broad package of domestic spending that included the minimum wage, as well as drought relief for farmers, natural disaster relief, and Gulf Coast recovery aid. The Senate then voted 80-14 on the combined Iraq/minimum wage/domestic spending package.
Questions and Answers Regarding the Repeal of Surcharge
NOTICE: SURCHARGE REPEAL
Last year the Legislature and the Governor approved the repeal of the surcharge placed on alcoholic beverages sold for consumption on premises. The repeal takes effect on July 1, 2007. You will not have to file any more of the surcharge reports after the June 2007 report. The June reports are due on or before July 16, 2007.
