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Governmental Affairs

2010 FRLA Sine Die Report

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VISIT FLORIDA FUNDING
Status: Passed
As our state faced a budget shortfall this session, lawmakers had the opportunity to view VISIT FLORIDA as part of the budget solution so we can continue to bring visitors and tourism-related sales taxes to the Sunshine State. Without adequate funding for VISIT FLORIDA this session, local companies, communities and our state economy could have suffered the consequences. VISIT FLORIDA was granted 26.4 million in funding in order to continue to assist Florida’s travel industry and protect the vital state tax revenue generated by tourists. 
 
School-to-Career Funding
Status: Passed
The HEP/school-to-career program of which DBPR administers was granted $706,698 for funding in the upcoming year. FRLA’s Education Foundation programs help to ensure an educated workforce for our industry’s future.
 
OFFSHORE OIL DRILLING
Status: Withdrawn from Consideration
Several bills were introduced to discuss the possibility of oil and gas exploration off the Gulf Coast. All bills were withdrawn from consideration.
 
As you know, one of the worst oil spills in U.S. history is currently wreaking havoc in the Gulf of Mexico. Florida State Emergency Operations Center (EOC) is the state government’s centralized emergency response team that is activated when an event occurs that overwhelms local ability to respond.  The EOC is comprised of a number of “emergency support functions,” or small work groups that focus on specific areas of the response effort.  FRLA is part of ESF18, responsible for Long Term Business Recovery.
 
During the next few days ESF18 will “activate” and begin its part of the response activity.  This will initially focus on collecting economic information related to the event and planning mitigation. 
 
FRLA will be highly engaged and closely involved in this event, and we will provide periodic updates as new information becomes available.
 
Unemployment Rate Hike
Status: Passed
On opening day of the 2010 Session of the Florida Legislature, the Florida House and Senate each passed HB 7033, a bill that will provide significant relief to Florida businesses like yours that were otherwise facing a dramatic increase in their unemployment compensation (“UC”) taxes for 2010 and 2011. FRLA was an early and vocal advocate in the Florida Legislature for quick passage of this bill. 
 
In sum, if your business is paying UC tax at the minimum rate, your tax was due to jump from the $8.40 per employee you paid in 2009 up to $100.30 per employee in 2010 and $164.05 per employee in 2011.  Under the bill passed, your UC tax should instead be approximately $25.20 per employee in 2010 and $53.90 per employee in 2011.
 
If your business is paying UC tax at the maximum rate, your tax was due to jump from the $378 per employee that you paid in 2009 up to $459 per employee in 2010 and 2011.  Under the bill passed, your UC tax should instead remain at approximately $378 per employee in 2010 and 2011.
 
The bill will also allow employers to make their 2010 and 2011 UC tax payments in quarterly installments without interest or penalties as long as the employer timely makes the filings and payments and pays an annual $5 administrative fee.
 
Notably, while this legislation will provide short term relief to businesses by reducing the UC tax in 2010 and 2011, the likelihood is that Florida employers will face significant UC tax increases in 2012 and beyond due to the poor economy and unemployment.  Hopefully, however, the economy will have improved sufficiently by that time for employers to better handle such tax increases.
 
Governor Crist signed the bill on March 2, 2010.
 
 
Transportation/ Highway Logo Sign Fee HIKE
Status: Passed
A recent change in the Florida DOT Logo Program had created an unnecessary economic hardship on many participating businesses.
 
After a considerable number of years without experiencing any increases in cost, Chapter 2009-85, Laws of Florida, authorized an increase of up to $5,000 for urban signs, and $3,500 for non-urban signs to participate in the DOT Logo Program. 
 
During the original workshop phase by the Florida Department of Transportation in the development of administrative rules earlier this year, the costs to participate in the DOT Logo Program (in some cases) was increased from $1,000 to more than $4,500 as allowed by law. These are significant increases especially when hospitality, tourism and travel industries are experiencing significant downturns due to the current economic conditions.
 
While the hospitality, tourism and travel industries appreciate that government services occasionally need to increase the cost of services, an increase of over 400 percent in a one year period, when little if anything related to the program has changed is difficult to justify and even more difficult for affected businesses to plan and budget for.  
 
FRLA supported reducing the current highway signage rates. Such drastic increases were not supported by logical data or a change in circumstances. FRLA placed an amendment on Senator Gardiner’s Transportation Bill (SB 2362) that removed a 3-year, rotation-based logo program and stated the annual permit fees for sign locations inside an urban area may not exceed $3,500 (instead of $5,000, as authorized by current law) and annual permit fees for sign locations outside an urban area may not exceed $2,000 (instead of $2,500, as authorized by current law).
 
The bill was substituted for the House version and passed. It is now on its way to be signed by Governor Crist.
 
Alcoholic Beverages
There were 14 bills this year relating to alcoholic beverages. These bills ranged from the mandatory posting of signs warning of fetal alcohol syndrome to increased penalties for a violation of the State Beverage Code.
 
Nearly all of the bills relating to alcoholic beverages either died in committee or never received a committee hearing. Two bills that did make it through the process was SB 1068 and its companion bill HB33. HB 33 was passed by both chambers and sent to the Governor’s Office for signature. HB 33 increases the criminal penalty for selling alcohol to a minor a second time within one year of the conviction of the first offense. If convicted, a second conviction within one year of the first will now be a first degree misdemeanor.
 
ONLINE TRAVEL AGENCIES TAXATION
Status: Died in Messages
Attorney General McCollum, together with the Department of Revenue, filed a request for a declaratory statement in Leon circuit court asking for an opinion as to what the taxation is in Florida. The debate rests on whether or not a local government has the authority to tax transactions by an online travel agency.
 
There were several bills before the 2010 Legislature regarding Online Travel Taxation. At FRLA’s January Board Meeting, it was decided that FRLA would support bills sponsored by Senator Don Gaetz and Representative Jimmy Patronis regarding taxation issues involving transient travel and third party internet providers. After much, very controversial debate, Representative Patronis’s bill passed in the House but died in Senate messages (the bill never received a hearing in the Senate). FRLA expects the this issue to be addressed during the 2011 Session.
 
State Standard for Menu Labeling/ Obesity Prevention
Status: Died in Committee
FRLA opposes any legislation that increases government regulations, mandates and costs on business. Bills by Representative Ed Homan and Senator Stephen Wise (HB 783 and SB 2212), Relating to Prevention of Obesity, would have required all restaurants in the state of Florida to post nutritional information on their menus. Neither bill was heard in a committee and died.
 
The National Restaurant Association and FRLA supported a national standard that protects smaller restaurants and is applied fairly for all food service vendors. This language was included in the federal Patient Protection and Affordable Care Act and was signed into law March 23, 2010.  
 
Information from The National Restaurant Association
Regarding National Menu Labeling Standard: www.restaurant.org/advocacy/issues/issue/?Issue=menulabel
 
Negligence/ "Slip and Fall”
Status: Passed
Current Florida law states that business owners must maintain their premises for visitors' safety. However, plaintiffs are allowed to bring cases without showing that a property owner had constructive knowledge. This leaves business owners with little defense in civil court when they are accused of wrongdoing. This system creates an environment leading to higher costs passed on to everyone. 
 
Two bills in the House and Senate were passed that changed the current law. The bills state that if a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the establishment had actual or constructive knowledge of the condition and should have taken action to remedy it.
 
FRLA was a proud supporter of this bill as it places the burden of proof on the plaintiff rather than on the defendant (the property owner). Hopefully this legislation will help prevent frivolous lawsuits, which will benefit both property owners and consumers.
Governor Crist signed HB 689 into law on April 14, 2010.
 
Parental Authority
Status: Passed
Senate Bill 2440 by Senator Mike Bennett will restore the ability of parents to waive the right to sue over some risks inherent to certain activities undertaken by their children. This version of the bill allows parents to waive their right to sue over injuries to a child for inherent risks of the activity, not for negligence. This bill was passed and was signed by Governor Crist on March 27, 2010
 
Public Food Service Establishments Required to Serve
Sugar-Free Substitutes
Status: Died in Committee
Bills sponsored by Representative Gwyndolen Clark-Reed and Senator Eleanor Sobel (HB 847 and SB) would have required public food service establishments to serve sugar-free substitutes for certain syrups and fruit preserves and provide notice to guests of the availability of such sugar free substitutes. Neither bill was heard in any committees.
 
Public Roadways/ Transportation Projects
Status: Passed
SB 1842 by Senator Mike Bennett and HB 1331 by Representative Joseph Abruzzo requires
that public roadways and bridges be designed, constructed and maintained in a manner that does not impede existing access of adjacent property owners. It prohibits the Florida Department of Transportation from dividing state highways or erecting media barriers in area zoned for business use without approval of the project by a governing body of the affected area. This legislation passed on April 28, and is waiting for signature from the governor.
 
Tourist Safety Act/ Handbill Distribution
Status: Died in Messages
HB 7173 and SB 2584 redefines the term "without permission" to require that a person obtain written permission in order to distribute handbills in certain public lodging establishments. The bills would have also increase the penalty imposed for distributing handbills in a public lodging establishment without permission. Died in messages.
 
Jobs for Florida
Status: Passed
Senate Bill 1752 by Senator Don Gaetz encourages businesses to employ displaced Floridians and provides incentives to help Florida businesses. It is designed to eliminate obstacles that hinder economic growth, provide incentives to Florida businesses and achieve long-term success in the global market economy. The bill was passed on April 30 and is on its way to be signed by the governor.
 
Credit and Debit Card Crimes
Status: Died in Messages
Bills by Representative Mary Brandenburg and Senator Victor Crist (HB 621 and SB 1106) were introduced to prohibit a retailer from imposing a surcharge on debit card transactions. They also provide that provisions do not apply to offers of discount for purpose of inducing payment by cash, check, or other means not involving use of debit card. They also prohibit possession of a stolen credit or debit card in specified circumstances and state that a retailer who takes, accepts, retains, or possesses stolen credit or debit card without knowledge that card is stolen and is authorized to process transactions by company issuing credit or debit card does not commit violation under certain circumstances. In essence, the primary issue is whether or not retailers can negotiate fees with credit card companies and/or banks who issue credit/debit cards. Died in messages.
 

Government Relations Daily News

4/30/10 - Florida Senate passes bill that requires women to get ultrasound before abortion

4/29/10 - Charlie Crist will run for Senate with no party affiliation

4/28/10 - Gulf of Mexico oil spill a threat to Florida

4/27/10 - Late night deal reached on nearly $70 billion spending plan

4/26/10 - Recent disaster shows dangers of oil drilling in Gulf of Mexico

4/23/10 - Offshore oil-rig disaster concerns Fla. lawmakers

4/21/10 - If Crist runs as independent, political assumptions are gone

4/20/10 - Florida Legislature approves Seminole gambling pact

4/19/10 - Powerful Atwater embracing Tea Party

4/17/10 - House will wait till next year to push offshore drilling plan

4/16/10 - Sponsor drops Fla. offshore drilling plan for now

4/15/10 - Florida Senate approves Indian gaming compact

4/14/10 - Democrat wins Fla. US House special election

4/13/10 - Marco Rubio campaigns his way from underdog to front-runner in GOP primary race

4/12/10 - SunRail could sap funding for Orlando-area road projects

4/09/10 - Crist insists he's running as a Republican, despite speculation

4/07/10 - Three Florida Democrats oppose offshore drilling

4/06/10 - TaxWatch: Florida one hurricane away from financial ruin

4/05/10 - Clean energy movement stalled in Florida Legislature

4/02/10 - Florida's political opposition to offshore drilling erodes

3/31/10 - Obama to Open Offshore Areas to Oil Drilling for First Time

3/30/10 - Fla. school lose out on federal funding 

3/29/10 - Could oil-spill disaster happen in Florida? Aussie rig debacle offers lessons

3/26/10 - Bills Give Businesses Lawsuit Protection from Injury Accident Suits

3/24/10 - In Tallahassee today, immigration and insurance

3/23/10 - National Restaurant Association Says Nutrition Information Provision Is Win for Consumers and Restaurants

3/22/10 - Northeast Florida expresses concerns over health care reform

3/19/10 - Fla. House passes election law changes

3/17/10 - Alex Sink sets economic goals if elected Florida governor

3/16/10 - Study: Drilling debate over state’s Gulf waters has wider implications

3/12/10 - Resort casinos on the table for Florida

3/10/10 - U.S. may aid Florida budget

3/9/10 - Putting off tax hike will be costly

3/8/10 - Six candidates qualify for House District 4 special election

3/5/10 - Legislator wants calorie counts right on the menu

3/2/10 - Unemployment Compensation Tax Cut Passes

3/2/10 - Slip and Fall Update

3/1/10 - Legislature opens session Tuesday looking at budget shortfall

2/26/10 - Florida's new unemployment rate is on hold

2/24/10 - Trouble for SunRail? Amtrak wants new deal on liability

2/23/10 - Cruz wins special election for Florida House seat

2/22/10 - LEGAL CHALLENGE FILED AGAINST BIOMASS PLANT

2/17/10 - Florida growers group changes stance on tomato pickers' pay

2/16/10 - SINK BACKS UNEMPLOYMENT BENEFITS CHANGE

2/15/10 - Last Round Before Session

2/12/10 - SUPREME COURT RULES LOCAL GOVERNMENTS CAN SET ELECTION RULES

2/10/10 - House Moves Unemployment Compensation Tax Fix

2/9/10 - 2-cents per beer to save billions for Floridians

2/8/10 - ENVIRONMENTAL GROUPS RAISE QUESTIONS ABOUT JOBS BILL

2/5/10 - House Members Talk About Keeping Oil Rigs Out of Sight

2/3/10- Summary of Today's House Economic Dev. Council Meeting; Unemployment Rate Hike

2/2/10- SCIENTISTS WEIGH IN ON DRILLING DEBATE

1/29/10 - Amtrak and Florida make nice: no deal though

1/27/10 - Obama trip here may mean high-speed rail funding

1/26/10 - Senate President Jeff Atwater's no-new-taxes pledge is self-serving

1/25/10 - Brace for an ad blitz over Florida growth amendment

 

 

 

 

 

 

 

 

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Industry News

 

NRA & AH&LA EVENTS

BREAKING NEWS:
Unemployment Compensation Tax Cut Passes
March 2, 2010 - On this opening day of the 2010 Regular Session of the Florida Legislature, the Florida House and Senate each passed HB 7033, a bill that will provide significant relief to Florida businesses like yours that were otherwise facing a dramatic increase in their unemployment compensation (“UC”) taxes for 2010 and 2011.
 
FRLA was an early and vocal advocate in the Florida Legislature for quick passage of this bill. 
 
In sum, if your business is paying UC tax at the minimum rate, your tax was due to jump from the $8.40 per employee you paid in 2009 up to $100.30 per employee in 2010 and $164.05 per employee in 2011.  Under the bill passed today, your UC tax should instead be approximately $25.20 per employee in 2010 and $53.90 per employee in 2011.
 
If your business is paying UC tax at the maximum rate, your tax was due to jump from the $378 per employee that you paid in 2009 up to $459 per employee in 2010 and 2011.  Under the bill passed today, your UC tax should instead remain at approximately $378 per employee in 2010 and 2011.
 
The bill will also allow employers to make their 2010 and 2011 UC tax payments in quarterly installments without interest or penalties as long as the employer timely makes the filings and payments and pays an annual $5 administrative fee.
 
Notably, while this legislation will provide short term relief to businesses by reducing the UC tax in 2010 and 2011, the likelihood is that Florida employers will face significant UC tax increases in 2012 and beyond due to the poor economy and high unemployment.  Hopefully, however, the economy will have improved sufficiently by that time for employers to better handle such tax increases.
 
Governor Crist is expected to sign the bill later today.

FRLA NEWS ALERT: McCollum Sues Expedia, Orbitz

FRLA NEWS ALERT: McCollum Sues Expedia, Orbitz

Travel Promotion Act Update from U.S. Travel Association

February 26, 2010
State Partners,
 
Last night, by a vote of 78-18, the Senate passed the Travel Promotion Act (TPA).  The House has already passed the TPA and President Obama is expected to sign the bill into law sometime in the next week.  This is a major accomplishment for the restaurant, travel, and hospitality industries.  Thanks to those of you who reached out to Senators encouraging them to support the bill.  Earlier this week, we sent out a press release and letter to each Senator urging quick passage of the TPA (see attachment and below).
 
The vote broke down as follows:  All Democrats who voted supported the bill.  The following Republicans also voted in favor:
 
Alexander, Barrasso, Bennett, Bond, Chambliss, Cochran, Collins, Ensign, Enzi, Graham, Isakson, Johanns, Lugar, Murkowski, Snowe, Vitter, Hatch, LeMeiux, Wicker, Voinovich, and Thune.
 
Those not voting:  Hutchison, Inhofe, Lautenberg, and Warner
 
Please let me know if you have any questions. 
 
Regards,
Dave
 
Dave Koenig
Director, Tax & Profitability
National Restaurant Association
 
National Restaurant Association Calls on U.S. Senate For Quick Passage of the Travel Promotion Act
Says Bill Will Help Boost International Travel, Help Restaurants and Create Jobs
 
(Washington, D.C.) The National Restaurant Association today called for quick passage of bipartisan legislation in the U.S. Senate, "The Travel Promotion Act," S. 1023, which would aggressively promote international travel to the United States. A successful vote in the upper chamber would send the bill to President Obama for his signature.

"The National Restaurant Association, representing an industry of nearly one million restaurants, offers our strong support for quick passage of the Travel Promotion Act, so it can finally be signed into law," said Scott DeFife, Executive Vice President for Policy and Government Affairs for the Association, in a letter to all members of the Senate. "We are encouraged to hear that the Senate is likely to vote on the Act in the near future."

"While international travel has boomed over the past decade, the U.S. has actually lost visitors from abroad during this time," continued DeFife. "According to research just released by Oxford Economics, this decade long decline in international travelers has cost the U.S. in excess of 440,000 jobs in all regions of the country that could have been created and sustained."

The Travel Promotion Act creates a public-private partnership campaign to market the U.S. as a premier travel destination with the goal of increasing the number of international visitors into the country. Increased international travel to the U.S. would strongly benefit restaurants, as up to 40 percent of annual sales for some segments of the industry are attributable to travelers, with international visitors spending more time and more money – on average of $4,500 per person, per visit – than domestic travelers spend.

The National Restaurant Association has long supported legislation to help attract more international visitors and establish the United States as a travel destination. Roughly half of all travelers report that they dine out when they travel, and dining out is the most popular activity planned after tourists arrive at a destination.
 
 

Help Your Industry Fight the Proposed Oyster Ban!

UPDATE: Congressman Boyd Introduces Legislation To Protect Gulf Coast Oyster Industry

Recently, the Food and Drug Administration (FDA), through its internal processes, proposed to ban raw Gulf of Mexico oysters during certain months of the year.  This unilateral decision by FDA will devastate small businesses and wipe out desperately needed jobs. The severe and adverse impact to several Gulf Coast communities and Florida’s hospitality industry are incalculable. Please take a moment to contact your elected officials and let them know what will happen if such a law is enacted.

Sample Letter:

Click Here to View Sample Letter (Word Format)

Click Here to View Sample Letter (PDF Format)

Contact Information:

Click Here for Contact Information (Word Format)

Click Here for Contact Information (PDF Format)

Important Calendar Updates

  • On Oct. 21, the House Select Policy Council on Strategic and Economic Planning meets, 212 Knott Building 1:30-6:00 to discuss upcoming legislation regarding off shore oil exploration. Carol Dover, Steve Metz and Richard Turner will be in attendance.
  • On Oct. 29th, Incoming Chairman Keith Overton will be addressing the Florida Congressional Delegation in Washington, D.C. concerning the status of tourism in our State. FRLA extends its gratitude to Keith for going to Washington and “telling it like it is…”  
  • On Nov. 2, FSU is conducting a symposium on off shore oil exploration with experts on both sides of the issue. Leaders from both the Senate and House will be present. The event is a ticketed event and is reportedly sold out. Richard Turner will be in attendance for the hospitality industry.
  • Mark your calendars - December 3, FRLA joins the Central Florida Region and will host the annual Holiday party at the Ritz-Carlton in Orlando in which Speaker Designate Dean Cannon will attend.

THE TAX IS BACK!

 

The Florida Restaurant and Lodging Association has learned that the Department of Revenue will publish in the Florida Administrative Weekly this Friday, a NOTICE OF PUBLIC HEARING on its proposed tax rules relating to sales of food products served, prepared or sold in or by restaurants, lunch counters, cafeterias, caterers, hotels, taverns and other like places.
The public hearing is set for August 31, 2009 at 2:00 p.m. in the Carlton Building, 501 South Calhoun Street, Tallahassee, Florida.
Stay tuned for breaking news as it relates to this tax rule! Also, mark your calendars for August 31, 2009 in case you are needed to testify at this hearing.  
If you are willing to protect your business interests by testifying at this hearing, or by submitting a letter, please contact Richard Turner at: Rturner@frla.org. Be sure to provide a telephone number!

 

 

 

 

FRLA 2009 SINE DIE REPORT

CLICK HERE for the entire report

National Restaurant Association American Hotel & Lodging Association
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