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Legislative Issues

2019 Legislative Session
March 5, 2019 – May 3, 2019

Find My Legislator

Use this online form to enter either your mailing address (returns the most accurate results) or zip code. Every member should learn their Senator and Representative(s) – we need you to encourage them to support FIADA supported legislation. (Please note that due to your dealership location you may have relationships with more than one Senator or Representative; if so, communicate with all of them!)

 

2019 Legislative Wrap Up

The 2019 Florida Legislative Session ended Saturday May 4, after the mandatory 72-hour cooling off period for the budget. Overall there were 3,494 bills filed this year. Lawmakers approved 196 bills this year, setting a record for the fewest bills passed (at least since 2001). The amount of bills passed has been steadily declining. The Governor has already signed 22 of these bills.  Most have not yet been sent to the Governor.

FIADA monitored over 25 bills this year. Some of the notable bills include certificate of title, school choice, liens against motor vehicles, transportation and more. If you deal in rebuilt vehicles, you know that the pilot program sunset last year. House Bill 385 passed, and it had language to reestablish the rebuilt program in Miami Dade only. This 82-page bill went through several changes before finally passing with this language. Another controversial bill was an education package that contained changes regarding the HOPE Scholarship Program. This education package contained another tax credit program named Family Empowerment Scholarship Program. Like the HOPE scholarship, the Family Empowerment Scholarship was established to meet the unmet need by scholarships that are currently available. It also allows for any excess funds in the HOPE fund to be transferred to another scholarship. Look for a new form to be distributed by the Department of Revenue to address this new program. The final tax package (HB 7123) included a reduction in the business rent tax from 5.7% to 5.5%. The original House bill proposed a reduction to 5.35%. SB 1112 had proposed using added revenue to address the non-collection of sales taxes on remote sales to reduce the business rent tax to 3.5%, but the House refused to take on this issue. In the wake of the US Supreme Court’s Wayfair decision, Florida is still one of only four states that has not acted on remote sales tax collection.

Here are some bills that impact dealers that passed are heading to the Governor:

 

HB 87

Registration and Titling of Vehicles and Vessels

Ponder

Registration and Titling of Vehicles and Vessels: Revises registration periods for certain vehicles; requires DHSMV to prorate registration renewals for customers; authorizes DHSMV or its agent to verify necessary information through electronic file of death records maintained by DOH for surviving spouse of motor vehicle owner when requesting registration certificate & license plate transfer or for new owner or surviving coowner of vessel when applying for transfer of title. Effective Date: July 1, 2019

HB 385

Transportation

Avila

Transportation; Requiring certain counties to use surtax proceeds only for purposes related to fixed guideway rapid transit systems, rail systems, bus systems, development of dedicated facilities for autonomous vehicles, and certain services; authorizing a percentage of surtax proceeds to be distributed to certain municipalities to be used for certain purposes; authorizing an electronic copy, instead of a true copy, of rental or lease documentation issued for a motor vehicle or issued for a replacement vehicle in the same registration period to be in the possession of the operator or carried in the vehicle and exhibited upon demand of any authorized law enforcement officer or agent of the department; authorizing the department to establish a program for transportation projects that demonstrate certain innovative techniques for measuring resiliency and structural integrity and controlling time and cost increases, etc. Effective Date: July 1, 2019

HB 431

Liens Against Motor Vehicles and Vessels

Fischer

Liens Against Motor Vehicles and Vessels: Authorizes person claiming lien against motor vehicle to obtain release of vehicle from lien claimed by motor vehicle repair shop; prohibits repair shop from violating certain provisions; revises notice requirements for enforcing lien by sale of motor vehicle; revises requirements for notice of lien & notice of sale; requires lienor to make motor vehicle available for inspection; revises requirements for transfer of title; authorizes lienor to charge administrative fee; revises requirements for notice of lien for recovering, towing, or storing vehicle or vessel; revises requirements for notice of sale; revises requirements for transfer of title; requires certain entities to use third-party service to provide notices. Effective Date: January 1, 2020

HB 475

Certificates of Title for Vessels

Williamson

Certificates of Title for Vessels: Revises & provides requirements for application for and issuance of certificate of title for vessel; revises & provides duties of DHSMV related to issuance, renewal, replacement, or cancellation of certificate; revises & provides requirements for transferring ownership interest; provides requirements related to security interest in vessel; provides for rights of vessel purchasers; provides for repeal of certain provisions on specified dates; provides that principles & law of equity supplement provisions of act; authorizes DHSMV to adopt rules; provides construction & applicability regarding transactions, certificates of title, & records entered into or created, actions or proceedings commenced, & security interests perfected before effective date of act. Effective Date: July 1, 2023

HB 725

Commercial Motor Vehicles

Payne

Commercial Motor Vehicles: Repeals assistive truck platooning technology pilot project; revises provisions relating to platoon vehicle operation, commercial motor vehicle safety regulations & penalties, apportionable vehicle requirements, certain license plate fees, vehicles registered under International Registration Plan, & theft of certain commercial cargo; authorizes DHSMV to partner with tax collector to conduct Fleet Vehicle Temporary Tag pilot program. Effective Date: October 1, 2019

 

HB 1057

Motor Vehicles

McClure

Motor Vehicles; Revises provisions relating to motor vehicle lamps, lights, & warning signals; provides requirements & penalties; revises requirements for release statements & pickup notices for damaged or dismantled motor vehicles; authorizes entity that processes certain transactions or certificates for derelict or salvage motor vehicles to be authorized electronic filing system agent; authorizes DHSMV to adopt rules. Effective Date: October 1, 2019

CS/SB 7070

K-12 Education

Education Committee

K-12 Education; Revising the programs through which certain parents may seek private educational choice options; providing that charters may include a provision for charter schools to be held responsible for all costs incurred by the district in connection with complaints to the Office of Civil Rights or the Equal Employment Opportunity Commission; establishing the Family Empowerment Scholarship Program; revising eligibility requirements under the Florida Tax Credit Scholarship Program for certain students; creating the Florida Best and Brightest Teacher and Principal Allocation, etc. Effective Date: July 1, 2019

 

Other Legislation that Passed and Failed

Some of the other major pieces of legislation that passed include: implementing recommendations of the Douglas High School Public Safety Commission, including the controversial provision to allow armed teachers (voluntary for both the school district and teacher); allowing for the creation of three new toll roads (priority of the Senate President); the Red Tide Mitigation and Technology Development Initiative; establishing the Canadian and International Prescription Drug Importation Programs (subject to federal approval; promoting autonomous vehicles: making it harder to for citizens initiatives to make it to the ballot; implementing a constitutional amendment designed to restore the voting rights of felons who have fulfilled their sentence; overhauling the controversial insurance practice known as “assignment of benefits.”; eliminating a ban on smokable medical marijuana; providing cancer benefits for firefighters; and the creation of an agricultural hemp program.

Some of the high-profile bills that failed include: a fracking ban; raising the age to buy tobacco from 18 to 21; parental consent for minors to get an abortion; asking voters to repeal the Constitution Revision Commission; and asking voters to raise the threshold to pass a constitutional amendment from 60% to two-thirds.

It’s never too early to get started, the 2020, legislative session is slated to begin January 14 and end March 13th.  We urge you to get to know your local legislators this summer and help us by contributing to the FIADA PAC fund. The FIADA PAC fund is utilized to elect pro-business leaders in the Florida House and Senate. Let FIADA know if you need assistance in getting to know your local legislator. Making a contribution to the PAC is easy, just visit https://www.fiada.com/page/PAC. No contribution is too big or too small. We appreciate your support!