Nine proposed laws you need to know about
Although the 60-day Florida legislative session is more than a third done, more proposed laws are emerging each day that could impact Central Florida businesses.
They range from a law designed to deregulate 20 industries to one that would change how the state manages urban sprawl and yet another that aims to let people openly carry a gun in public — all of which could affect local companies.
And with a Republican in the governor’s mansion and a Republican super-majority in both houses, many are saying 2011 will be a landmark legislative year for businesses, “without a doubt.”
In fact, new business-related laws could go “even beyond the [Jeb] Bush years,” said Dick Batchelor, owner of Dick Batchelor Management Group Inc., an Orlando-based public policy planning firm. “Frankly, most anything could pass this session if it’s seen as pro-business.”
We pulled together information about nine business-related laws going through the legislative process right now and put all the information you need to know about them, below. Then we asked two of Central Florida’s political heavyweights to handicap which ones likely will become law: Batchelor and Frederick Leonhardt, a lobbyist with Orlando-based GrayRobinson PAbizWatch .
Deregulation of Professions & Occupations
Bill nos.: CS/HB 5005 and CS/HB 5007.
Sponsor: Former Rep. Esteban Bovo Jr., R-Hialeah. He resigned his House seat on March 25 to run for Miami-Dade County Commission.
Description: It would end Department of Consumer Affairs and Department of Business & Professional Regulation oversight of 20 industries, including mechanics, auctioneers, travel agents, interior designers and cosmetologists.
Status: Headed to the Appropriations Committee.
Likelihood of passage: Slim. Consumers fear they would be put at risk and, collectively, the regulated industries have a strong lobby.
Growth Management and “360 Glitch” bills
Bill nos.: SB 172, SB 174, SB 176; HB 93, HB 7001, HB 7003.
Sponsor: Sen. Mike Bennett, R-Bradenton.
Description: Senate Bill 360 became law in summer 2009, loosening state controls on urban sprawl, but was struck down as unconstitutional by a court in 2010 because it was too broad. Bennett, the bill’s original sponsor, broke it up into three bills this year to make it constitutional. The laws would, among other things, make it easier for large-scale developments of regional impact to move forward, as well as reduce transportation concurrency fees.
Status: The House passed it March 29; the Senate will vote on it next week.
Likelihood of passage: Very likely. But radical proposals, such as completely eliminating the state’s Department of Community Affairs or merging the agencies that deal with development, probably won’t pass muster.
Commercial Property Tax Reduction Amendment
Bill no.: CS/CS/HJR 381.
Sponsor: Rep. Chris Dorworth, R-Lake Mary.
Description: Proposes an amendment to the Florida Constitution that would cap yearly commercial property tax increases at 3 percent, as opposed to the current cap of 10 percent.
Status: In Finance & Tax Subcommittee. If it’s passed by the Legislature, it would go before voters in 2012 to determine if it will become law.
Likelihood of passage: Not likely. The state probably won’t pass a bill that would reduce revenue when it’s facing a $3.8 billion shortfall. And if legislators do approve it, it’s going to be a hard sell to voters.
Seaport Security
Bill no.: HB 283.
Sponsor: Rep. Dana Young, R-Tampa.
Description: Would eliminate Florida regulations that mirror federal regulations on seaport security. Canaveral Port Authority CEO Stan Payne said it would end unnecessary background checks and the costs associated with them.
Status: Passed the House Justice Appropriations Subcommittee; now headed to the Economic Affairs Committee.
Likelihood of passage: Pretty good, especially since the governor announced plans to make Florida a bigger import-export destination.
Research & Development Tax Credits and Aerospace Tax Credits
Bill nos.: HB 671 and HB 143.
Sponsor: Rep. Ritch Workman, R-Melbourne.
Description: Would give tax credits to businesses: One for corporate research and development grants, and another to encourage private-sector space flight.
Status: In Finance & Tax Committee.
Likelihood of passage: Likely. But there’s a good chance the state will require more empirical data from companies before they can qualify for the corporate income tax credits.
Florida Open Carry Bill
Bill no.: HB 517.
Sponsor: Chris Dorworth, R-Lake Mary.
Description: Would allow Floridians with a concealed weapons permit to openly carry that weapon.
Status: Filed March 28.
Likelihood of passage: Not likely. This one pits the National Rifle Association against the Florida Chamber of CommercebizWatch and the Florida Retail Federation, which don’t like the idea of openly armed customers scaring others away from businesses.
Property & Casualty Insurance Reform
Bill no.: SB 408.
Sponsored by: Sen. Garrett Richter, R-Cape Coral.
Description: This bill, designed to bring more property insurers into the state, would allow insurers to increase rates by 30 percent without state approval. It also would require insurers to have $15 million in the bank.
Status: Passed the Senate Budget Committee.
Likelihood of passage: Likely. But the end result will be a complex give-and-take between lawmakers and insurers, and ultimately what passes may not look the same as it’s written now.
Fertilizer Sales
Bill nos.: SB 606, HB 457.
Sponsors: Sen. Greg Evers, R-Crestview; Reps. Clay Ingram, R-Pensacola, and Bryan Nelson, R-Apopka.
Description: Would forbid local governments from imposing restrictions on when fertilizer can be sold that are more stringent than the state guidelines. Governments statewide have imposed stricter guidelines on selling fertilizers during rainy seasons because the nitrogen and phosphate runoff can end up in lakes and streams. Orange County has regulations stricter than the state’s guidelines, said Hank Largin, spokesman for the St. Johns River Water Management District, and Osceola County was drafting an ordinance but decided to wait and see what Tallahassee does.
Status: In the State Affairs Committee.
Likelihood of passage: Not likely. There’s pushback from consumers, the League of Cities and the Florida Association of CountiesbizWatch , which are upset about the infringement of “home rule,” or the idea that local governments know what’s best for their communities.
Tourist Safety Act
Bill no.: SB 366.
Sponsor: Sen. Thad Altman, R-Melbourne.
Description: Creates stricter penalties for handing out fliers at hotels. But, more importantly, it forbids local governments from passing laws regulating the nutritional value and marketing of foods. Basically, lawmakers want to prevent locals from passing ordinances similar to San Francisco’s law that forbids chains from selling toys with kid’s meals unless they meet certain nutritional requirements.
Status: In the Senate’s Budget Committee.
Likelihood of passage: Likely. The lobbyists behind this, including the Florida Restaurant & Lodging Association, are very influential.