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Legislators and Business Leaders Voice Support for Common Sense, Pro-Business Bill

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Members of the Floridians for Fair Business Practices coalition
and state legislators encourage the passage of SB 106 and
HB 81 to repeal the Prohibition era Alcohol Separation Law

Senator Anitere Flores (R-Miami) and Representative Bryan Avila (R-Hialeah) today joined members of the Floridians for Fair Business Practices coalition to voice support for and educate the public about a bill that would repeal a Prohibition era Alcohol Separation Law which hinders competition, discourages free-market principles and inconveniences consumers.
“This legislation puts Florida in step with 28 other states that allow distilled spirits to be sold alongside other adult beverages. Repealing this law will bring Florida into a more modern era, enabling our great state to flourish in a fair marketplace,” said Florida Senate President Pro Tempore Anitere Flores. “I am proud to sponsor this legislation and encourage my fellow members to see the benefits of this bill in allowing retailers to compete on a level playing field.”
“I am pleased to sponsor this pro-consumer, common sense bill which advances and encourages competition in the marketplace,” said Representative Bryan Avila. “We must provide our Florida retailers with the necessary tools to be both productive and profitable while catering to consumers’ desire for a convenient shopping experience. This legislation does exactly that.”
Sponsored by Senator Flores and Representative Avila, the legislation will reduce barriers to competition, decrease costs for business owners and ultimately enhance the consumer shopping experience. The following will happen if the repeal is passed:

  • Businesses will have the tools to meet the demands of a changing marketplace, where traditional retailers must compete against a new era in society where online sales surpass brick and mortar stores.
  • Retailers would no longer be burdened by the cost of building, staffing and maintaining two separate locations.
  • Stores with the proper licenses will be able to sell beer, wine, distilled spirits and groceries under the same roof. Businesses who already have a separate liquor store could continue to use the previous business model if they wish.
  • The level playing field works both ways – liquor stores previously prohibited from selling products other than “party supplies” could expand their business by selling groceries and other goods.
  • An improved shopping experience where customers will not need to stop at two separate locations when grocery shopping.

“Retailers around the state are being burdened by archaic regulations that stifle their growth,” said Julio Fuentes, President and CEO of the Florida State Hispanic Chamber of Commerce. “All this bill does is promote competition and fair business practices while reducing business costs.”
“Simply put, this law makes no sense and leaves Florida retailers with a reduced ability to invest in their workers, their business, and their state,” said Richard Turner, Vice President of Government Relations and General Counsel for the Florida Restaurant and Lodging Association. “We need a common sense approach, and it would only make sense that Legislators who want to create an environment where businesses can compete, create jobs and grow, support this bill.”
“I commend Senator Flores and Representative Avila for protecting the American dream by championing regulatory reform,” said Skyler Zander, Deputy State Director of Americans for Prosperity-Florida. “Florida entrepreneurs should be free to expand their businesses without the restriction of Prohibition-era red tape.”
“Full repeal of this law would get the government out of the way and let businesses meet the demands of a modern marketplace,” said Gina Kinchlow, Board Member of the Big Bend Minority Chamber of Commerce. “The only reason to oppose repealing this unnecessary law is to keep certain players out of the marketplace.”
Floridians for Fair Business Practices is a coalition of retailers and business groups whose purpose is to identify rules and regulations, which prohibit the growth and expansion of Florida business. For additional information, please visit to www.FairBizinFlorida.com.

Legislation to Protect Right to Self-Defense Passes First Senate Committee

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The Senate Committee on Judiciary, chaired by Senator Greg Steube (R-Sarasota), today passed Senate Bill 128, Self-defense Immunity, by Senator Rob Bradley (R-Fleming Island). The bill protects the right of self-defense for all Floridians by correcting a misinterpretation of the “Stand Your Ground” law in the 2015 Bretherick vs. State Florida Supreme Court decision.
“The Senate passed legislation to clarify this critical constitutional issue last year, and I am pleased to see Senator Bradley’s bill advance again today,” said Senate President Joe Negron (R-Stuart). “If the State of Florida is going to accuse a citizen of committing a crime, the State of Florida should have the burden of proof at each and every part of the proceeding to prove guilt beyond the exclusion of every reasonable doubt.”
Senate Bill 128 clarifies the government, not the accused, has the burden of proof in a “Stand Your Ground” immunity hearing. In a 5-2 decision, the Florida Supreme Court ruled otherwise.
“This is a fundamental American right guaranteed by our Constitution. A defendant always has the presumption of innocence and the state always has a burden of proof,” continued President Negron.
SB 128 changes the burden of proof and who must bear it during pretrial hearings to evaluate a defendant’s claim of immunity based on a justifiable use of force. Current law provides a defendant a right of immunity from criminal prosecution and civil action if he or she is justified in using force. Although the procedures to claim immunity are not specified by statute, the Florida Supreme Court has determined that defendants must prove by a preponderance of the evidence the entitlement to the immunity at a pretrial hearing. The bill places the burden of proof on the state and requires the state to overcome the immunity claim by offering evidence meeting the standard of beyond a reasonable doubt.
Senator Bradley sponsored the same legislation, Senate Bill 344 (2016) last session, and it passed the Florida Senate. The bill died in committee in the Florida House.

Senator Jeff Brandes Files Bill on Personal Delivery Devices

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Legislation will allow operation of autonomous delivery drones in Florida

Senator Jeff Brandes (R-St. Petersburg) today filed Senate Bill 460, personal delivery devices, authorizing autonomous delivery drones to operate in Florida. If adopted, Florida could be among the first states to officially embrace this new technology. This legislation on personal delivery devices builds on Senator Brandes’ continued focus on innovative, autonomous technology policy.
“With this legislation Florida continues to lead in transportation policy,” stated Senator Brandes. “This technology could revolutionize home delivery and will usher in new business models. This type of innovative technology should be embraced by policymakers, and I am excited to focus Florida on the future.”
Personal delivery devices operate on sidewalks, at low speeds, and deliver goods directly to consumers. The devices operate autonomously, with remote operators monitoring them for safety and compliance with applicable local ordinances and laws. The devices operate on sidewalks and, when necessary, bike paths or crosswalks. SB 460 defines a personal delivery device in statute and exempts the devices from registration requirements and other regulations that apply to automobiles. The proposed legislation allows local jurisdictions to implement ordinances restricting the use of a personal delivery device if deemed unsafe in a local area, and the bill requires operators of personal delivery devices to carry insurance in any event of an accident.

For more information on SB 460 please visit http://www.flsenate.gov/Session/Bill/2017/0460.

 

Support for Sen. Young's bill to ban fracking in Florida

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State Senator Dana Young filed a bill this morning that would ban fracking in Florida. Over 75% of Floridians live in a city or county that has passed a resolution or ordinance opposing this dangerous drilling practice, including Dade City, Zephyrhills, Tampa, and Pinellas County.
Jennifer Rubiello, Environment Florida state director, issued the following statement:
“We applaud Senator Young for listening to her constituents and Floridians across the state who want a ban on fracking. A ban on fracking will ensure our communities, our health, and our environment are better protected. Floridians should celebrate this bill, pick up their phones, and tell their state senators to support it.”

Senate Criminal Justice Committee Passes Legislation to Reduce Criminalization of Adolescents

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The Florida Senate Committee on Criminal Justice, chaired by Senator Randolph Bracy (D-Ocoee) today passed Senate Bill 196, Juvenile Civil Citation and Similar Diversion Programs, sponsored by Senate President Pro Tempore Anitere Flores (R-Miami, Monroe) and Senator Bracy.
“All too often, youth today are being arrested and charged for criminal acts that were once considered childhood mistakes and lack of judgement and maturity,” said Senate President Joe Negron (R-Stuart), who has made juvenile justice reform a top priority of his two-year term. “Instead of helping our youth to learn positively from their mistakes like we once did, they may be put in the juvenile justice system, which then creates a criminal record that could potentially follow them for their rest of their lives.”
Senate Bill 196 requires a law enforcement officer to issue a civil citation or require the juvenile’s participation in a diversion program when the juvenile admits to committing certain first-time misdemeanor offenses including: possession of alcoholic beverages, criminal mischief, trespass, and disorderly conduct, among others.
“There is a delicate balance here. We should not and will not tolerate serious wrongdoing and violent crimes committed by young people. At the same time, we need workable solutions that move away from the over-criminalization of adolescents. I am grateful to Pro Tempore Flores, Senator Bracy and many other Senators who have taken a leadership role in addressing this important issue.”
Under Senate Bill 196, a law enforcement officer must provide written documentation articulating why an arrest is warranted when he or she has the discretion to issue a civil citation but instead chooses to arrest the juvenile.
The legislation also specifies that the option of the issuance of a civil citation or referral to a similar diversion program does not apply to a juvenile who is alleged to have committed, currently charged with, has plead guilty to, or has been convicted of a felony, or a misdemeanor offense arising out of an episode in which the juvenile is also alleged to have committed a felony.

Senator Bradley Files Amendment Two Implementation Bill

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Senator Rob Bradley (R-Fleming Island) filed legislation today implementing Amendment Two, the constitutional amendment which expands the medical marijuana system in Florida.
“In 2014, the Florida Legislature legalized low-THC medical marijuana, and in 2016 expanded the medical marijuana system to provide legal access to marijuana for terminally ill Floridians,” said Bradley. “Floridians want even more options, speaking loud and clear at the polls in November by passing Amendment Two. This bill significantly expands the current medical marijuana system to give Floridians the relief they have demanded, and it does so safely and quickly.”
Senator Bradley worked closely with Senator Dana Young (R-Tampa) in crafting the bill. Senator Young chairs the Senate’s Health Policy Committee and is co-introducer of Senate Bill 406. “This bill faithfully honors our solemn obligation to the people of Florida to implement Amendment Two,” Young said. “Suffering Floridians will have now real options with no unreasonable delays.” The Health Policy Committee heard testimony from numerous Floridians at a recent committee meeting in Tallahassee.
As more Floridians utilize medical marijuana, the bill provides for the expansion of the numbers of licenses available to those entities that will grow and sell medical marijuana. This provision insures that Floridians have several price and quality options in the medical marijuana marketplace.
Senate Bill 406 will be considered during the Regular Session of the Florida Legislature which will convene on March 7, 2017.

Sen. Aubrey Gibson and Rep. Kionne McGhee file judicial accountability legislation

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Honoring both the memory and the mission of Dr. Martin Luther King, Jr., Senator Audrey Gibson, and Representative Kionne McGhee have filed legislation to better understand the grave disparities in prison sentences throughout the state of Florida. The bill comes on the heels of a year-long study by the Sarasota Herald Tribune, released under the title “Florida’s Broken Sentencing System,” and was filed on Monday, the national holiday marking the birthday of the civil rights icon and fighter for justice.
The provocative series found that half a century after the civil rights movement, trial judges throughout Florida sentence blacks to harsher punishment than whites, and that bias against blacks in Florida’s courts is shaped, in part, by the makeup of the bench.
Representative McGhee stated, “Judges are sworn to render criminal sentences absent personal bias. As mentioned in the article, bias on the bench perpetuates inequality in the courtroom. This bill seeks to analyze and address judicial patterns in sentencing.”
Said Senator Gibson, “Faced with the reality that even using a point-scoring system and other factors added to our criminal justice system, the components still are not working. To get control over sentencing disparities, it is imperative that we find a better solution to a continuing, inequitable situation, particularly for people of color.”
The legislation, SB 382/HB 255 calls for sentencing data to be compiled annually and presented to trial and sentencing judges, the Legislature, Governor, and the Chief Justice of the Supreme Court. In the interest of full transparency, the bill also specifies that the information is to be posted for the public on the website of Florida Legislature’s research arm, the Office of Program Policy Analysis and Government Accountability.

Senator Frank Artiles Files Legislation to Collapse Expressway Authorities in Florida

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Florida Senator Frank Artiles (R-Miami) today announced the filing of Senate Bill 308, relating to Expressway Authorities, for the 2017 Legislative Session, in an effort to collapse expressway authorities into the Florida Department of Transportation.
“Senate Bill 308 removes another layer of government by eliminating the Miami-Dade Expressway Authority (MDX), saves money and keeps 95 percent of toll revenues in the county that generates it,” said Senator Artiles. “The exorbitant tolls charged by the MDX are simply too high for the working class to afford; and, collapsing the MDX will cut down on bureaucratic government, saving money for all Floridians who travel on the expressway.”
SB 308 would collapse all expressway authorities in the State of Florida, including the MDX, would end the culture of excessive tolls and ensure the safety of Florida roads.

Statement by Senator Galvano Regarding Comprehensive Gaming Legislation Filed Today

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Senator Bill Galvano (R-Bradenton) today released the following statement regarding Senate Bill 8, Gaming, which represents an important step in the development of a comprehensive, statewide approach to reforming current gaming laws.
“This legislation in large part builds upon Senate work that has taken place over the last several years.  My goal has been to address all aspects of gaming in a comprehensive manner that balances the interests of an industry that has contributed to Florida’s economy for nearly a hundred years, our ongoing revenue-sharing agreement with the Seminole Tribe of Florida, and the authority of local voters, while maximizing revenues to the state.
“The modifications within the bill represent a myriad of ideas advocated by various Senators and address industry concerns regarding antiquated and ambiguous provisions of current law. The bill balances the will of the voters who have authorized additional games and locations with a retraction of gaming permits across the state.
“Further negotiations to reach a new agreement with the Seminole Tribe of Florida are necessary. While this legislation represents an important step, there is still a great deal of work to be done. I look forward to discussing the bill further during the upcoming Senate committee meeting and continuing to work with Governor Scott, our colleagues in the Florida House, the Seminole Tribe, industry stakeholders and constituents across the state in the weeks to come.”

Senators Gainer, Broxson, and Montford File Legislation to Keep BP Oil Funds in Northwest Florida

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Senator George Gainer (R-Panama City), Senator Doug Broxson (R-Pensacola), and Senator Bill Montford (D-Tallahassee) today filed Senate Bill 364, The Recovery Fund for the Deepwater Horizon Incident, to ensure funds received in the settlement of the state’s economic damage claims caused by the 2010 Deepwater Horizon Oil Spill remain in Northwest Florida’s eight disproportionately affected counties.
“These funds represent a tremendous opportunity to make long-term investments in Northwest Florida’s economy. By sending settlement funds directly to Triumph Gulf Coast, Inc., we can ensure they are allocated in a transparent and accountable manner,” said Senator Gainer.
Under current law, the eight disproportionately affected counties are to receive 75 percent of all economic damage settlement funds received by the state. Senate Bill 364 clarifies that funds are to be directly appropriated to Triumph Gulf Coast Inc. no later than 30 days after they are received by the state.
“By clarifying the requirements under current law, this legislation ensures a smooth transfer of funds to Triumph Gulf Coast, Inc., not only for the funds the state recently received, but also for any future settlement payments,” said Senator Broxson.
The eight Florida counties disproportionately affected by the Deepwater Horizon Spill include: Bay County, Escambia County, Franklin County, Gulf County, Okaloosa County, Santa Rosa County, Walton County and Wakulla County.
“Nearly seven years after the spill began, on a daily basis, we are still hearing from constituents whose families and businesses were drastically impacted,” said Senator Montford. “This legislation affirms our longstanding commitment to keep these critical funds in Northwest Florida to provide for the ongoing economic recovery of our region.”
During the 2013 Legislative Session, under the leadership of then-Senate President Don Gaetz (R-Niceville) the Florida Senate developed legislation (Senate Bill 1024) sponsored by current Senate President Joe Negron (R-Stuart), which created Triumph Gulf Coast, Inc. to ensure that economic damage settlement funds coming to the state would both benefit the eight disproportionately affected counties and be properly accounted for. Under this legislation, the five-member Triumph Gulf Coast board, chaired by former Florida House Speaker Allen Bense, is responsible for utilizing the settlement proceeds to promote job creation through lasting economic development over a period of thirty years.
Triumph Gulf Coast, Inc. is tasked to work with local governments to make awards to programs and projects that meet the priorities for economic recovery, diversification, and enhancement of the disproportionately affected counties. This includes economic development projects, grants to support programs of excellence that prepare students for future occupations, as well as infrastructure projects.
The corporation is required to abide by the state’s public record laws and public meeting notice requirements. The Speaker of the House of Representatives, the President of the Senate, the Governor, the Attorney General, and the Chief Financial Officer each appoint one board member. The governing board will be responsible for evaluating the economic benefits provided by each proposed project and will approve or decline funding.