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Florida Lawmakers Announce Legislation Targeting “Modern-Day Piracy” by Bringing Price Transparency for Florida Boaters

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Sen. Dana Young & Rep. Shawn Harrison sponsor bills to
protect Florida boaters from unexpected fees for salvage claims


Florida’s boaters will enjoy greater peace of mind on our state’s waters thanks to legislation filed by Sen. Dana Young and Rep. Shawn Harrison. The related bills, SB 664 and HB 469, would require maritime salvage and towing companies to provide boaters with the option of a written cost estimate before rendering assistance on the water. The legislation aims to put a stop to the predatory practice of those salvage operators who provide relatively minor assistance to boaters and then charge outrageous fees by labeling the service a “salvage claim.”
“The actions of a limited number of these companies amount to a form of modern-day piracy, and it must stop. Unfortunately, there have been some terrible abuses in a system that many boat owners rely on,” Sen. Young said. “Consumers throughout the state have felt misinformed and misled by vague salvage claim fees that crop up when they request assistance on the water. This legislation will give Florida boaters the transparency they expect, and the confidence they deserve, in the maritime salvage and towing industry.”
The reforms incorporated into this legislation will require operators to provide a written estimate if the cost of service could be more than $500. The final bill may not exceed 20 percent of that written estimate, and a boater may waive the written estimate if they choose.
“Although this is an industry filled with many good people who provide a great service, there are some undeniable exceptions. A number of vulnerable Florida boaters have been taken advantage of by operators who stick them with unwarranted and unreasonable bills for services on the water,” said Rep. Harrison. “This legislation ensures that Florida boaters will not be taken advantage of, that payment expectations are clear, and that all maritime salvage and towing companies are held accountable.”
Federal maritime regulations and admiralty laws allow maritime salvage and towing operators the opportunity to sometimes classify assistance as a “salvage claim” and charge excessive fees. These fees can exceed tens of thousands of dollars and are often based on the value of the boat rather than the actual services performed.
“Last year, I received a $30,000 bill from a maritime salvage and towing company for removing excess water from my boat – a job that took less than 10 minutes,” said Eric Hull, a Florida boat owner victimized by this predatory practice. “After getting this shocking bill, I felt incredibly angry and knew something had to be done to address this issue. We need to make sure more people aren’t victimized by this predatory behavior.”
Public support for providing written cost estimates is strong. According to a recent survey of Florida boaters, almost four in five (79%) boat owners believe maritime salvage and towing companies should be required to provide a cost estimate before operators begin assistance.
“Our state’s coasts attract millions of tourists every year, which is why it’s imperative that lawmakers do everything they can to ensure that boaters on our waterways have the same consumer protections that we have come to expect on land,” said Brewster Bevis, Senior Vice President of State and Federal Affairs for Associated Industries of Florida. “Associated Industries of Florida fully supports this legislation, and we look forward to advocating for these reasonable consumer protections as they make their way through the legislative process.”
To view the full bill text, click here.

Nelson files bill to make more affordable housing available for storm evacuees

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U.S. Sen. Bill Nelson (D-FL) has filed legislation aimed at making more affordable housing available for evacuees of Hurricane Maria.
The legislation Nelson filed Thursday would, among other things, provide additional funding for HUD’s Section 8 Housing Choice Voucher Program. The voucher program makes market-rate housing more affordable for low-income evacuees by capping rental rates at no more than 30 percent of an individual’s income.
“We have tens of thousands of evacuees here in Florida who are struggling to find an affordable place to live,” Nelson said. “This bill will help make more affordable housing available in the communities that need it the most.”
To qualify, evacuees must earn less than 50 percent of the area’s median income. Evacuees in the Orlando-Kissimmee-Sanford area, for example, who earn less than $29,200 per year would be eligible for the program.
Once approved, voucher holders are able to select a unit from the private market. But instead of having to pay that units full market price, which many cannot afford, voucher holders pay only 30 percent of their adjusted income towards rent and utilities, and the federal government pays any remaining balance directly to the property owner.
The bill has already received endorsements from several local officials, including: Orlando Mayor Buddy Dyer, Osceola County Commissioner Fred Hawkins and Miami-Dade County Commissioner Daniella Levine Cava.
The measure now heads to the Senate Finance committee for consideration.
A copy of the bill is available here.

Senators Denise Grimsley and Kelly Stargel file "Back-the-Blue" legislation to fund law enforcement needs

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State Senators Denise Grimsley (R-Lake Placid) and Kelli Stargel (R-Lakeland) today announced that they have filed Senate Bill 748 for the 2018 Legislative Session creating the “Back-the-Blue Law Enforcement Assistance Program” to provide state grant assistance to benefit local law enforcement agencies in Florida.
“We have a compelling statewide interest in public safety,” said Grimsley. “Sheriffs, police chiefs and law enforcement continue to communicate their needs for training, facilities and a range of equipment to help them accomplish their missions and protect Floridians.”
The Back-the-Blue Law Enforcement Assistance Program provides a mechanism for the legislature to offer a broad-based supplemental funding method, to be administered by the Florida Department of Law Enforcement, in a comprehensive, transparent process.
“I am honored to support our law enforcement this with ‘Back-the-Blue’ legislation. Our law enforcement officers provide valuable services to our community, all while keeping us safe,” said Senator Stargel. “This proposal will give them the resources they need to continue their good work.”
“Our law enforcement officers need all of the support we can provide them,” said Senator Grimsley. “I can’t think of a better way to ‘Back the Blue’ than by giving them the resources they need to keep us safe.”
The 2018 Legislative Session begins Tuesday, January 9, 2018. Senator Grimsley represents Senate District 26, which consists of DeSoto, Glades, Hardee, Highlands, Okeechobee, and parts of Charlotte, Lee, and Polk counties. She also served in the Florida House of Representatives from 2004-2012 and was elected to the Florida Senate in 2012.
Senator Stargel represents Senate District 22, which consists of parts of Polk and Lake Counties. She served in the Florida House of Representatives from 2008-2012 and was elected to the Florida Senate in 2012.

Senator Farmer Files Bill to Allow Smoking Marijuana for Medical Use

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Senator Farmer this morning filed SB 726, a bill to legalize the smoking of marijuana for medical use. While Floridians successfully amended the State’s constitution (Amendment 2) in November of 2016 to allow for the use of medical marijuana, the Governor and the legislature specifically excluded the smoking of marijuana as a valid medical use in statutes written to implement the Amendment. This decision has been widely criticized as a violation of the Amendment’s intent. The text of Amendment 2 made it clear to the 71% of Floridians who voted for it that the smoking of marijuana in private for medical purposes would be constitutionally guaranteed.
SB 726 would attempt to reconcile the State’s statutes with the mandate established by the voters, and enshrined in the Florida Constitution.
“Each and every legislator including myself swore an oath to defend the Constitution of the State of Florida. An overwhelming majority of voters ratified Amendment 2, and its intent could not be more clear: to allow for the use of medical marijuana, including smoking. The fact that the text of the Amendment specifically disallowed the smoking of marijuana in public places indicates that a patient should be allowed to do so elsewhere. With the passage of the implementation language last session, we as a legislature failed to uphold our oath to defend the State’s Constitution. We owe it to the people of Florida to fix this mistake,” said Senator Farmer about allowing the smoking of medical marijuana.
Senator Farmer believes that this bill is especially necessary in the face of the growing opioid crisis. “The passage of this bill (SB 726) is required now more than ever,” Senator Farmer said. “Right now when a patient is faced with chronic pain and other pain inducing ailments, doctors have limited options available to them as to how to help provide relief for their patients. We need to make sure that our medical professionals are equipped with a full range of options to care for their patients’ needs, while not subjecting them to the horrifying possibilities that can result from the prescription of opioid-based medications. We know that the best delivery method for medical marijuana can vary depending on the patient and the circumstances involved. It makes sense for us to allow doctors and patients to find the best treatment plans on an individual basis. It is not for the legislature to determine treatment the proper plans for our citizens.”
Senator Farmer hopes to see bipartisan support for SB 726, as it will both adequately reflect the mandate of Florida’s Constitution and provide Floridians with the best possible healthcare.

Senator Dana Young Reintroduces Legislation to Ban Fracking in Florida

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Senator Dana Young (R-Tampa) has filed legislation today that will ban fracking in Florida. SB462 bans fracking of all kinds including hydraulic fracking, acid fracking, and matrix-acidizing. Fracking is an oil extraction method that injects chemical-laden waters into oil wells for the purpose of breaking up rock to increase the amount of oil and gas extracted.
Senator Young said, “This is the second year I am introducing legislation to completely ban fracking in Florida. Last year we had tremendous bi-partisan support with 19 co-sponsors. I believe the Senate will support this important ban on fracking and I hope the House of Representatives will also come to the table to protect the environment.”
Representative Kathleen Peters (R-South Pasadena) who is sponsoring the legislation in the House of Representatives said, “Florida cannot afford to lose millions of gallons of water a day to perform the fracking process and we certainly cannot afford the risk fracking poses to our drinking water. Water is a key element to life and we must do everything we can to protect the quality of our water and the health of our citizens.”
Senator Young made a ban on fracking her legislative priority after citing several examples of fracking’s harmful effects on the environment, most notably ground water contamination. Young said, “Our state sits precariously atop fragile limestone formations. Physically fracturing and/or dissolving this geologic formation goes against all common sense. As a 6th generation Floridian and avid outdoorsman, I understand the importance of our environment and I believe we must join together and say ‘no’ to this harmful activity, before irreversible environmental damage is done.”

Nelson files bill to create Florida fuel-supply reserve

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As parts of Northwest Florida find themselves in the potential path of yet another major storm forming in the Gulf, U.S. Sen. Bill Nelson (D-FL) is taking steps to ensure that Florida’s residents and first responders have access to the gasoline they need before and after a storm.
Nelson filed legislation today to create a Florida gas supply reserve to prevent future gas shortages like those seen throughout the state before Hurricane Irma. Specifically, the legislation requires the secretary of energy to create a “Florida Gasoline Supply Reserve” that would hold a minimum of one million barrels of refined petroleum products in two locations: one on Florida’s west coast and one on the east coast.
“When a major storm is heading towards our state, we have to make sure people have access to the gas they need to get out of harm’s way,” Nelson said. “ A Florida gas reserve would not only help prevent some of the gas shortages we saw ahead of Hurricane Irma, but would also help ensure that our first responders have the fuel they need to help people during and after the storm.”
Gas shortages became widespread throughout Florida as residents were ordered to evacuate ahead of Hurricane Irma. Those gas shortages affected not only residents and visitors trying to flee the storm’s path, but also hampered first responders’ and local governments’ efforts to prepare for the storm.
Last month, Nelson sent a letter to Secretary of Energy Rick Perry urging him to use his authority to create a gasoline reserve supply for Florida, similar to the one the Department of Energy set up in the Northeast following Superstorm Sandy.
“DOE created a Northeast Gasoline Supply Reserve (NGSR) in 2014 to ensure an emergency gasoline supply for future natural or man-made disasters in that region,” Nelson wrote. “In the wake of Hurricane Irma, I urge you to consider using your authority to create a similar gasoline supply reserve for the State of Florida.”
While Nelson has not yet received a response from Sec. Perry, the legislation he filed today would require the secretary to set up a reserve for Florida.
The text of Nelson’s legislation is available here.
A copy of Nelson’s Sept. 11 letter to Perry is available here.
 

Senator Audrey Gibson and Representative Lori Berman File Legislation to Reduce Gun Violence

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Senator Audrey Gibson (D-Jacksonville) and Representative Lori Berman (D-Lantana) are filing bills designed to temporarily prevent individuals who are at high risk of harming themselves or others from accessing firearms. The legislation allows family, household members, and law enforcement to obtain a court order when there is demonstrated evidence that the person poses a significant danger to themselves or others, including danger as a result of a mental health crisis or violent behavior.
“It is critical to address senseless gun deaths that now seem to be more the norm than a rarity.  This bill is designed to remove from harm’s way individuals who are at high risk of harming themselves or others through an act of gun violence.  A temporary, evidenced-based court order to remove a firearm from the home can be extremely helpful in curbing dangerous crisis behavior,” said Senator Audrey Gibson.
The purpose and intent of this legislation – HB 231, with the Senate measure awaiting a bill number – is to reduce gun deaths and injuries by allowing an order to temporarily restrict a person’s access to firearms, while simultaneously respecting constitutional right. Court orders are intended to be limited to situations in which the person poses a significant danger of harming themselves or others by possessing a firearm, and include standards and safeguards to protect the rights of respondents and due process of law.
“In light of Sunday night’s tragedy in Las Vegas, it is more important than ever that we address how to limit gun violence,” stated Representative Lori Berman. “This bill provides a mechanism for family or household members and law enforcement to stop bad actors before tragedy happens. The legislation also gives family members a pathway for removing firearms from individuals in the throes of a dangerous mental health crisis, including suicidal ideations.”

Legislators Unveil Legislation Targeting Assault-Style Weapons

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State Sen. Linda Stewart and Rep. Carlos Guillermo Smith unveiled proposed legislation to ban the sale of assault-style weapons and large-capacity magazines in Florida at a news conference Wednesday morning held by the Florida Coalition To Prevent Gun Violence.
Stewart and Smith stressed that when they introduced similar bills last year, the legislature gave it no discussion and no hearing.
“They said it’s just too early to talk about limits on assault weapons,” she said, noting it closely followed the Pulse nightclub shooting and that we’re now on the heels of the Las Vegas mass tragedy.
“I say it’s not too early. It’s too late,” Stewart said.
Smith echoed the sense of urgency. “We need bold action once and for all to address the public health crisis that is gun violence,” he said.
Pointing to the LBGTQ people of color who were killed and injured at Pulse, he asked, “Do their lives not matter?”
On June 12, 2016, 49 people were killed and 58 wounded at the Pulse nightclub in Orlando. Sunday night, 58 people were killed and more than 500 injured at a concert in Las Vegas.
Patricia Brigham, Co-Chair of the Florida Coalition to Prevent Gun Violence, said in kicking off the news conference Wednesday that we are not deterred by the lack of legislators’ action so far.
“America has become a battlefield,” said Brigham, who is also 1st Vice President of the League of Women Voters of Florida. “It doesn’t have to be this way.”
Angel Santiago, Jr., who was wounded at Pulse, told the dozens attending the news conference that he’s not against the Second Amendment but said we can’t let mass shootings become our new normal and urged everyone to contact their legislators and plead for the proposed ban.
“I’m outraged that the sale (of assault weapons and large-capacity magazines) hasn’t been banned,” said Myra Alvear, who lost her daughter Amanda in the Pulse massacre.
“Do this not for me,” Alvear said. “Do it for our country.”
The Rev. Bryan Fulwider, chairman of the Interfaith Council of Central Florida, said thoughts and prayers are not enough.
“They’re nice. I think thoughts and prayers are good,” said Fulwider, who is also one of WMFE’s Three Wise Guys of “Friends Talking Faith”. “It would be nice if some of our state legislators try it,” he said, stressing that the big question in mass shootings is not “why” or “what” but “how,” including, “How have we collectively allowed a world of madness to emerge?”
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Before the Coalition’s’ news conference, Equality Florida’s Senior Policy Director Hannah Willard said, “When tragedy strikes, thoughts and prayers will never be enough. After the Pulse massacre, we promised to #HonorThemWithAction through passing common sense gun policy that will keep all of our communities safe. We now promise to hold Las Vegas in our hearts as we continue our work to uproot violence wherever it exists.”
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David Moran, Orlando Co-Director of Gays Against Guns, added, “These are weapons of war. Allowing their sale makes no sense and only enables more bloodshed and suffering. Such senseless, mass gun violence with assault weapons is not inevitable, it’s entirely preventable. Our elected officials must take a stand and say no more. Not ever again.”
The Florida Coalition to Prevent Gun Violence, created by the League of Women Voters of Florida, promotes smart, common-sense gun legislation and helped set the course for Stewart and Smith’s proposed bills. It includes more than 100 non-partisan organizations dedicated to ensuring responsible gun policy, including such diverse groups as the Campaign To Keep Guns Off Campus, Hispanic Federation, Interfaith Council of Central Florida, Florida PTA, and Doctors for America. 

State Sen. Dapne Campbell refiles bill adding mental health evaluation criteria requirement for Florida firearms license

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SB 400 is filed for the 2018 legislative session

As the nation adds an additional 59 names to the staggering number of innocent people killed in a mass shooting, state Senator Daphne Campbell (D-Miami) announced Tuesday that she has once again filed legislation adding mental health evaluation in order to obtain a license to carry a concealed weapon or firearm in Florida.
“My bill will require a mental health evaluation to be conducted by a clinical psychologist or psychiatrist. Too many times, we’ve seen the tragic consequences of the mentally unstable wielding a gun and the innocent victims who have paid the price for the madness. This is a basic measure to determine the mental stability of those seeking to carry a weapon,” said Senator Campbell.
Currently anyone can apply for a license to carry concealed weapons and their mental health is not a consideration. Senator Campbell filed identical legislation in the 2017 session – largely inspired by the 2016 Pulse nightclub massacre which left 49 Floridians dead – but SB 956 languished in committees in both chambers.
“This has to change. We must do more to protect our citizens and to prevent gun violence and the many tragedies we have seen repeated over and over. When the Federal government fails to pass legislation, then we must tackle this issue state-by-state,” said Senator Campbell. “The evil these unstable individuals continue to unleash will not stop by itself. The power to stop it rests with us.”
Senator Campbell’s measure, SB 400, has been filed for the 2018 legislative session, which begins in January.

Sen. Linda Stewart Refiles Gun Safety Bill, Unveiling Scheduled for Wednesday

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MEDIA ADVISORY

State Senator Linda Stewart made good on a promise she made to the families, victims and survivors of the shooting at Pulse nightclub by refiling a gun safety bill that would ban the sale of civilian versions of military assault weapons and the high capacity magazines that make them so lethal.
Senator Stewart will unveil the proposed legislation at a news conference at 11:00 AM on Wednesday, October 4 at the Orange County Courthouse. SB 196 is designed to be a bill that would ensure the 49 souls lost in the massacre 16 months ago were not in vain, but instead are a call to action.
“Americans woke up Monday morning to news of another tragic mass shooting—this time in Las Vegas,” said Senator Stewart. “We have a responsibility to act. There is no legitimate reason whatsoever to own these weapons of mass murder. We’re not taking anybody’s guns away and we’re not infringing on anybody’s right to hunt or to protect themselves. We need to start getting control of the things we can by enacting commonsense laws to help prevent what happened at Las Vegas Strip and at Pulse nightclub from being repeated.”
SB 196 is intended to prevent weapons specifically designed to deliver high rates of lethal gunfire without the need to pause and reload from falling into the hands of people such as the shooter who carried out the Pulse nightclub attack. The ban would not apply to guns already purchased in Florida.
Senator Stewart added: “The senseless killings of Americans cannot become the norm for our country, nor should the easy sale of guns designed for maximum damage. Our Founding Fathers could never have conceived of today’s modern assault weapons. Military-style weapons belong on the battlefield, not in general use. Every American should be able to enjoy public spaces without being intimidated by the possibility of being mowed down by a man with a grudge.”
A companion bill has been filed in the Florida House of Representatives by Rep. Carlos Guillermo Smith.