Vetos Coming?

The Governor has 14 days to take action on the state budget and 61 bills.

There is some speculation that Crist will use the veto to score political points with voters in his bid for election to the US Senate as an Independent.

Undoubtedly, this is Governor Crist's strongest political position...but whether he will or won't - we'll have to wait and see.

Florida Chamber of Commerce 2010 Legislative Session Summary

Florida Chamber of Commerce 2010 Legislative Session Summary

Oil Spill - To Affect Florida Beaches?

The oil platform accident on BP's Deepwater Horizon rig on April 20 continues to create environmental concerns. The rig continues to spew oil, and BP seems to have failed to anticipate a disaster of this type nor create appropriate contingencies. State and local governments have declared disaster areas. In Florida, the area covered include teh coast from the Alabama state line to Sarasota.

Sine Die

The Florida Legislature just adjourned the 2010 Session "Sine DIe". The tradition of the seargent-at-arms of the House and Senate dropping a hankie in the rotunda signaled the end of a challenging Session.

Goivernor Crist wasn';t in attendance - opting for a fundraiser in Miami.

$70 Billion Approved - Cooling Off Period Begins Today

Early this morning, neogtiators from the House and Sentate completed Conference negotiations on the state's 2010-2011 budget. The Florida Constitution rwequires a 72-hour period between agreement by Conference Committee and final adoption by the HIuse and Senate.

HB 1241 (Patronis) Closes Tourist Tax Loopholes - Passes House

Following a spirited debate, the Florida House passed HB 1241, which clarifies the intent of local-option tourist tax to apply to all transient accomodations. This bill should increase revenue to local DMOs. The bill further defined that service fees charged by Online Travel Agents are not subject to the tourist development tax.

Florida Chamber Weekly Legislative Update - April 23, 2010

Here's the Florida Chamber Weekly Legislative Update for Friday, April 23, 2010.

Crist Decision Time

Governor Charlie Crist has until noon next Friday to make his decision - will he continue running for the US Senate seat as a Rebublican or as an Independent.

His veto of SB6 has driven a wedge in his Republican base.

Early polling indicated Crist's odds of a successful campaign improve if running as an Independent.

Decision time - noon on Friday, April 30. THe same time the Florida LEgislaturwe expects to adjopurn the 2010 Session.

Conference Process - Convoluted

The budget process in Florida is complicated and convoluted. Here's the best primer I've found.

Conference Process Begins

House and Senate leaders signaled readiness to begin the arguouus budget reconcillation process today. Conference was expected to begin Saturday but issues on the timing of the process created the delay. The tow houses must compromise on about $2 billion in spending priorities.

Florida Chamber of Commerce Weekly Update

Florida Chamber Weekly Update

Crist Vetos SB 6 - Teacher Pay Bill - Political Posturing?

Today, Governor Crist vetoed SB 6, the bill instituting merit pay for teacher based on performance. The veto came as a surprise from some Republicans, since the Governor's office indicated early support for the measure.

There is some speculation, that the veto signals Crist's intent to switch his party affiliation from Republican to Independent in the US Senate race. Polls indicate his chances of election are much strongesr in a 3-way race, as Crist continue to trail Marco Rubio in the Republican primary.

Gaetz Wins House Seat - Deutch heads to Congress

Matt Gaetz won the special election for House District 4. Gaetz defeated Democrat Jan Fernald 66 - 34 percent.

State Senator Ted Deutch is headed to Congress after winning a special election on Tuesday to replace former U.S. Rep. Robert Wexler.

Crist Threatens Veto of Education Reform Bill

The education reform bill (SB 6) is expected to pass the House today and go to the Governor. Governor Crist has given the reform a lukewarm reception and hinted at a veto. It is unclear whether supporters have sufficient votes for an override and Crist is desperately needing votes for his Senate run - so he has to carefully wiegh the politiacal cost of either signing or vetoing SB6.

Legislative Update from Chris Thompson, President & CEO, VISIT FLORIDA

The end of last week marked the half-way point of the 2010 Legislative Session. The first four weeks saw both chambers of the legislature move through appropriations deliberations. Given the budget shortfalls and still challenging economic conditions, we’re in as favorable a position as we should expect to be at this point in the process.

In review, VISIT FLORIDA's public funding this year is a total of $25 million with $4.25 million from general revenue and $20.75 million from the Tourism Promotion Trust Fund. The latest projection for the trust fund is $17.6 million this fiscal year which has us an additional $3.15 million down. Consequently, we're a total of just under $14 million down from last fiscal year's high of $35.55 million. Even though the legislature appropriated $25 million for this fiscal year, we only have $21.85 million to invest.

The Senate passed a $69.4 billion appropriations bill which includes a recurring trust fund appropriation of just under $18.2 million for VISIT FLORIDA. The House passed a 67.2 billion appropriations bill which includes a recurring trust fund appropriation of just under $17.7 million and a non-recurring general revenue appropriation of $4.25 million for a total of just under $21.95 million for VISIT FLORIDA. The House total is about the same we have projected to have this fiscal year. The difference between the Senate and House total budgets is primarily due to additional revenues from a still unsettled gaming compact with the Seminole Tribe of Florida and an estimated $880 million in extra money from the federal government based on the assumption that Congress will extend a higher matching rate for Medicaid until the summer of 2011, which the Senate has already included in its appropriations bill.

Next steps include negotiations between the Senate and the House to arrive at a final appropriations bill. This begins with negotiations between the President of the Senate and Speaker of the House at the highest levels and will continue with the appointment of conference committees in both chambers to iron out the details and differences. The good news is that the House leads the conference committees’ negotiations this year and there is where we have the most favorable starting position. In the meantime we will be advocating for additional and increased funding based on economic and jobs stimulus themes with the leadership in both legislative chambers.

Our initial minimum ask as we head into conference committees negotiations is agreement on a base recurring trust fund appropriation and the balance in non-recurring general revenue appropriation up to a solid $25 million. Privately in the back halls and through back channels, we'll also be proposing an additional $10 million stimulus program based on jobs supported and created and ROI that begins as soon as 60 days after campaigns are implemented.

Our overall advocacy in Tallahassee has never been stronger including Chris Hart and his team at the Office of Tourism, Trade & Economic Development in the Executive Office of Governor Charlie Crist; the Partnership for Florida's Tourism including the Florida Restaurant & Lodging Association, the Florida Association of Convention and Visitors Bureaus, the Florida Attractions Association and the Florida Association of RV Parks and Campgrounds; and the leadership and lobbying teams associated with Walt Disney World, SeaWorld and Universal Orlando. We also have had outreach to and from the big three business trade associations, namely the Florida Chamber of Commerce, the Associated Industries of Florida and the Florida Retail Federation. In addition, we never take for granted the advocacy each and every one of you has provided leading up to and throughout this legislative Session.

There are a number of talking points we have been using to advocate for VISIT FLORIDA funding, with the elevator speech version as follows:

"Tourism Marketing Works"

"VISIT FLORIDA is part of the solution to Florida's economic challenges!"

• Every 85 visitors to the Sunshine State support 1 Florida Job;

• VISIT FLORIDA marketing efforts significantly influenced 26.7% of all Florida visitors supporting

- 20.3 million visitors,
- $15.8 billion in spending,
- $948 million in sales tax collections
- and 238,000 Florida Jobs;

• VISIT FLORIDA generates $55 in tourism spending and over $3 in new state sales tax collections within 60 days of campaign completion for every $1 the state of Florida invests in tourism advertising; and

• The Florida tourism industry invests almost $2 in VISIT FLORIDA marketing programs for every $1 the state of Florida invests.

Stay connected and engaged in our advocacy platform at www.floridastourismcounts.org – the official web site of the Partnership for Florida’s Tourism.

Stay connected to VISIT FLORIDA and hear all the latest Florida tourism industry news and insights at Sunshine Matters - the official corporate blog of VISIT FLORIDA.

We will provide additional updates as needed during the next four weeks of Session.

Until then, thanks again for your ongoing advocacy and support of Florida’s statewide tourism industry.

Together we are VISIT FLORIDA!

Regards,

Chris Thompson

President and CEO
VISIT FLORIDA®
(850) 205-3802
www.VISITFLORIDA.com

April 13 - All Eyes on Florida Special Election

Next Tuesday, some Floridans will be voting in 2 regions of the state.

US House District 19, vacated by Rep. Robert Wexler, will be an interesting race. The traditional Democrat stronghold will be tested as Republican Edward Lynch and Democrat Ted Deutch battle for the seat. US House district 19 includes portions of Broward and Palm Beach counties. The ooutcome could havew significant political implications - the first COngressional race since the national health care vote.

Also next Tuesday, voters in Florida House District 4 (Okaloosa and Santa Rosa counties) will elect a representative to replace Ray Sansom, who resigned following numerous ethical questions were raised.

Holiday Break - Back to Work Tomorrow

Legislators are taking a long holiday weekend in observance of Easter and Passover. They return to Tallahassee tomorrow for the final 24 days of 2010 Session.

Florida Chamber of Commerce Tackles Performance Pay for Teachers

Though not one of our priority issues, the Florida Chamber is supporting a bold initiative to reward classroom teachers based on performance. Of course, the teacher's union opposes any challenges to the status quo - preferring to reward excellence and mediocrity equally.

The misinformation campaign of the teacher's union has been massive.

Here's more from the Florida Chamber:

As we enter the second half of this year’s Legislative Session, the Florida Chamber-backed education reform package is now at the forefront of a heated controversy between the union and education reform advocates. To help raise awareness of how important education reform is to all Floridians, the Florida Chamber of Commerce is actively spreading the word about how this legislation will not only support Florida’s teachers in a positive manner, but also help ensure our state has a highly skilled, dynamic workforce in the future. We believe this legislation is vitally important to every Floridian, as well as the future of our state.

To ensure our members have the opportunity to get the actual facts about this important reform package, the Florida Chamber has created a special Web site, www.classroomflorida.com, with the most accurate, up-to-date information on this important issue.

Please take a moment to visit the Web site and get the facts on critical issues that have the ability to transform the way we educate Florida’s students, including the "right-size" class size amendment, raising graduation standards and higher performance pay for high-quality teachers. We also encourage you to share this email with others who would like to help support Florida’s teachers. You can also follow us on Facebook and Twitter, just click the links on the Classroom Florida home page. Thanks for helping us keep the focus on Classroom Florida, where the jobs begin.

Parental Wavier - Required Language

This is the language that will be required on all parental waivers in Florida. This must be printed on all waivers in a font size 5 points larger than the rest of the waiver:

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF (...name of released party or parties...) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM (...name of released party or parties...) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND (...name of released party or parties...) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

Half-Way Through 2010 Session

Today marks day 30, the mid-point of the 2010 Legislative Session. I want to update you on the status of our priority issues.

VISIT FLORIDA Funding – This week the House and the Senate are in Session to discuss budget allocations. The House and Senate appropriations currently maintain approximately the status quo for VISIT FLORIDA.

The state has to reduce its budget overall by $3 billion for the fiscal year beginning July 1. There have been some difficult decisions made, and more to come. We’re carefully watching the VF appropriation and will issue an alert immediately, if needed.

The final details of the funding plan will occur during Conference Committee – when the House and Senate versions of the budget are negotiated into a single budget.

Parental Waivers – A bill returning parent’s rights to the previous condition failed to pass the House and Senate without substantial compromise language weakening the waivers. Though we can claim some small victory at the return of some protection, the waivers are weaker and require offensive language, prescribed by law, be included on all waivers in order for them to be valid.

Slip and Fall – Negligence – HB 689 and Senate Bill 1224 places the burden of proof from defendant to plaintiff in slip and fall cases. The bill has passed both the House and Senate and has been enrolled (sent to the Governor). The bill pertains to slip and fall accidents involving a transitory foreign substance. This is a major victory for the business community.

Captive Wildlife - This bill prohibits procession of certain exotic, non-0natuive reptile species, except to licensed facilities. HB 709 has successfully passed all three committee stops and is heading to the House floor. Senate Bill 318 is in its final committee stop (General Government Appropriations).

Entertainment Industry Tax Credits – This bill provides financial incentives for film and television producers. House Bill 697 has completed its committee stops and will have its first reading on the floor on April 6, 2010. Senate Bill 1430 has passed its first of four committee stops in the Senate.

The Florida Attractions Association continues to monitor any attempts to expand the use of local-option tourist development tax, tax on online travel agents (OTAs), funding for Florida’s Ste Parks system (DEP), and any venture into the offshore energy exploration morass.

Numbers Crunching

Legislators are working a short week this week - in observance of Easter and Passover. Budget allocations are the primary issue this week.

Florida Chamber Weekly Legislative Update: March 26, 2010

Florida Chamber Weekly Legislative Update: March 26, 2010

Slip and Fall Goes to Governor

With the passage of Slip and Fall by the Senate, the bill goes to the Governor for his signature.

Entertainment Industry Economic Development

House bill 697 (Precourt) successfully passed its final committee stop and goes to the Floor for first reading. This bill revises the entertainment industry financial incentive program to provide corporate income tax & sales & use tax credits to qualified entertainment entities rather than reimbursements from appropriations.

The Senate companion bill (SB 1572 - Haridopolos)has passed one of four scheduled committee stops.

Slip and Fall Passes Senate

SB 1224 by Senator Gardiner was laid on the table and the Senate heard the House Companion bill, HB 689 by Rep. Aubuchon. The bill passed by a vote of 32 – 5.

Slip and Fall Goes to Senate Floor

Senate Bill 1224 (Gardiner) will skip the last Senate Committee stop and head directly to the Senate floor for consideration. This should occur on Thursday, March 25.

This bill would essentially restore Florida law to what existed prior to 2001, when the Florida Supreme Court and the Florida Legislature removed actual or constructive knowledge as requirement for slip and fall lawsuits. This has resulted in an increase in lawsuits and costs for Florida businesses.

The trial lawyers are fighting the business community on this issue.

Please contact your Senator today and express your support of Senate Bill 1224, a priority bill for the Florida Attractions Association.

Parental Authority – Pre-injury Waivers – FAA Position Defeated

A parental Waiver bill passed the House Criminal and Civil Justice Council yesterday, and is heading to the House floor. Unfortunately, the Council adopted the Senate’s version SB 2440, which in principle, will be adopted by the Florida Legislature.

The bill does provide for legal parental waivers, and waiver of “inherent risks” of an activity. The bill does not clarify who the new law applies to (i.e.: non-profits or community-based activity providers, for example) and it cannot adequately define “inherent risk”, since the term is subjective and dependent on each activity. The bill does not restore the ability to waive simple negligence, as was the law prior to the Kirton ruling.

Finally, the Bill specifies required waiver language included in all parental waivers. The proposed language must be printed in 5 pt. font larger the the rest of the waiver and the tone is frightening.

The result of this bill will likely be increased litigation for our members, and all providers of youth activities, as the courts determine the application of this poor legislation – who it applies to, what risks are inherent, and/or degrees of negligence.

The insurance industry will likely react by reconsidering their liability insurance products with respect to this new state statute.

Following adoption of this new law, the FAA will provide the final required wavier language to our members.

Information and Resources Available on our Web Site

Please see the Government Relations section of our web site for more information and resources on our legislative priorities.

Florida Chamber Weekly Legislative Update: March 19, 2010

Florida Chamber Weekly Legislative Update: March 19, 2010

Parental Authority - Last, Best Chance to Protect Youth Programs & Parental Rights

Next Monday, the House Criminal & Civil Justice Policy Council will consider Horner’s Parental Authority Bill (HB 285). This is our last, best chance at passing a meaningful waiver bill this year.

Notwithstanding the bad bill in the Senate (SB 2440), we must pass this committee stop to keep any hope to restore parent’s authority to sign waivers on behalf of their minor children.

Slip and Fall Passes House, Eaks through Senate Judiciary Committee

Slip and Fall Passes House, Barely Passes through Senate Judiciary Committee
Our priority “Slip and Fall” (negligence) legislation (HB 689) passed on 3rd reading in the House today. This bill was masterfully sponsored and shepherded through the House by Representative Aubuchon (Cape Coral).

The companion bill (SB 1224 – Gardiner) narrowly passed the Senate Judiciary Committee on a 5-4 vote. The Senate bill has one more stop (Policy and Steering Committee on Ways and Means) before going to the Senate floor.

Senate Judiciary Committee Passes Bad Bill

Today, is a unanimous vote, the Senate Judiciary Committee voted favorably on SB 2440 (Bennett), a bill stripping all but inherent risk from Parental Waivers. I was one of two speakers in opposition. Numerous trail lawyer and victim advocate groups spoke in favor of the bill. In my opinion, this bill, while restoring parental waivers, does little to protect our businesses, since the term “inherent risk” is subjective, and would only be defined by a court. Costly litigation will ensue, and our members will suffer from the consequences of this poorly crafted “compromise” bill.

Further, SB 2440 fails to define “commercial” activities and “community-based” activities. There is no understanding as to whom this bill even applies – another case for courts to determine.

This is a bad bill, and we will continue to work on the House Bill (285) and hope that it prevails in Conference.

Florida Chamber Weekly Legislative Update: March 12, 2010

Florida Chamber Weekly Legislative Update: March 12, 2010

Floridians Parental Authority in Jeopardy - Part 2

The Trial Bar is at it again, this time not only targeting businesses but attempting to take away the authority of parents in Florida to make decisions about what is best for their children. As you know, the Florida Supreme Court stripped parents of the right to sign waivers for their children to participate in countless recreational activities, including many offered by our industry.

The Court's ruling that parental waivers are not valid under current Florida statute, means that if you are currently using waivers for youth activities, they are not valid and provide no protection for your business.

We have worked to craft legislation that would restore these rights for parents through the Parental Authority Bill, SB 1578, sponsored by Sen. Carey Baker. Unfortunately, the Trial Bar has proposed a substitute version of the legislation -- SB 2440 -- which is nothing more than a Trojan Horse that will allow them to continue to target any and all providers of recreation for Florida's youth. In fact, after reviewing the provisions of SB 2440, one of the largest providers of insurance for the recreational water sports in Florida, said, "We do not believe that recreational sports in Florida would be commercially viable to insure any longer,” if SB 2440 is adopted.

Senate leadership needs to understand that all providers of recreation for Florida’s youth are under attack and that Florida’s insurance industry will soon begin cancelling liability coverage for countless youth activities. Senate leadership is apparently under the impression that our Parental Authority Bill is being supported by only one company in Florida. That's simply not the case. SB 1578 is the only bill that will truly restore parental authority and preserve countless youth activities that are currently in jeopardy.

Thanks to many of you, Florida is known for its activities and attractions that draw families from around the world to Florida and result in significant contributions to the state's economy. The Supreme Court ruling and the Trial Bar's bill threatens Florida's economy, compromises parental authority and will eliminate the availability of countless youth activities.

Please click here to review the facts and talking points, and read this week's Orlando Sentinel Editorial. If you agree that Florida must restore a parent’s right to make decisions for their children’s recreational pursuits, please contact by telephone or email immediately:

President Jeff Atwater
Phone (850) 487-5100
atwater.jeff.web@flsenate.gov

Judiciary Committee Chairman Joe Negron
Phone (850) 487-5088
negron.joe.web@flsenate.gov

Florida legislators should approve a proposal that would restore legal waivers for kids' activities.

OrlandoSentinel.com
Let parents decide on kids' activities
Florida legislators should approve a proposal that would restore legal waivers for kids' activities.
March 8, 2010

Both the U.S. and Florida constitutions give parents a fundamental right to make choices in raising their children. A Florida Supreme Court majority took a bite out of that right 15 months ago when it ruled parents couldn't waive their children's civil-lawsuit rights before they participate in potentially dangerous activities.

Parents routinely choose whether to expose their kids to risk, whether it's letting them play contact sports, swim at the beach or drive at 16. But the court's decision on waivers could take away that choice from parents for a wide range of experiences offered by tourism and recreation businesses — not only theme-park attractions, but horseback rides, rock-wall climbing, animal encounters and other inherently risky activities.

Some of those businesses might turn away kids rather than face frivolous lawsuits or unaffordable insurance. Others geared toward kids might close.

Some state lawmakers, including Republican Rep. Mike Horner of Kissimmee, want to restore the option for parents to sign waivers for their children. This is a reasonable idea, despite self-serving arguments to the contrary from the state trial lawyers' lobby.

The trial lobby has warned that restoring waivers would let businesses escape the consequences of harming or killing children, leave the cost of caring for injured kids to families or taxpayers, and remove the financial incentive for businesses to be safety conscious. We'd be against the idea, too, if these warnings held water.

In fact, waivers permitted under a bill from Mr. Horner wouldn't get businesses off the hook for intentional misconduct — knowingly doing something that would likely cause injury to a child. The waivers wouldn't excuse gross negligence — a conscious disregard for child safety. Businesses that ignore safety would remain at considerable legal and financial risk.

The legal environment the trial lobby is warning about existed in Florida until the December 2008 court ruling. Why wasn't the state notorious for its lax attitude toward child safety when waivers were allowed?

The trial lobby also argues there is no sign that the court ruling has harmed businesses. But anecdotal evidence is starting to emerge.

Some small dive shops won't offer certification for junior scuba divers. Orlando's Gatorland lost business for an attraction that lets visitors work with alligators when it began turning away younger guests, and it has put on hold a new, $1 million attraction that would require participants to sign waivers.

Mr. Horner believes a big lawsuit award stemming from a waiver found invalid could lead insurers to jack up their rates and deal a broader blow to businesses.

Former Justice Charles Wells, who dissented from the state Supreme Court's 2008 ruling, cited another reason for the Legislature to act. The majority's ruling declared that it was aimed at commercial entities, but Mr. Wells argued that community groups, including sports teams, might be considered commercial if they charge for their activities.

"How can these groups carry on their activities that are so needed by youth if the groups face exposure to large damage claims either by paying defense costs or damages?" he wrote. Good question.

Lawmakers should restore the waivers, and let parents decide whether the fun or educational value of an activity for their children outweighs the risk.

Copyright © 2010, Orlando Sentinel

Floridians Parental Authority in Jeopardy - Part 1

Why this is important for Florida:

• Children of this state should have the maximum opportunity to participate in sporting, recreational, educational, and other activities despite the fact that certain risks may exist when participating in these activities.

• Public, private, and non-profit entities providing these activities to children in Florida need a measure of protection against lawsuits, and these entities may be unwilling or unable to provide the activities without such protection.

• Parents have a fundamental right and responsibility to make decisions concerning the care, custody, and control of their children, and the law has long presumed that parents act in the best interest of their children.

• Parents make conscious choices every day on behalf of their children concerning the risks and benefits of participation in activities.

• These are proper parental choices on behalf of children that should not be ignored, and, so long as a parent’s decision is voluntary and informed, the decision should be given the same dignity as decisions, regarding schooling, medical treatment, and religious education.

• Insurance providers have said they will stop writing insurance claims if this issue is not addressed or if the Florida Legislature adopts language like that proposed by in SB 2440 - From Lloyds of London re: SB 2440: “We do not believe that recreational sports in Florida would be commercially viable to insure any longer.” (as of March 8, 2010)

Proposed Legislative Language to be adopted by the Florida Legislature:

Section 1. Section 768.38, Florida Statutes, is created to read:

768.38 Waivers executed on behalf of children.--
(1) As used in this section, the term:
(a) “Child” means a person less than eighteen years of age.
(b) “Parent” means a child’s biological mother or father, adoptive mother or father, or legal custodian or guardian.
(2) A parent of a child may, on behalf of the child, release or waive the child’s prospective claim for negligence.
(3) Nothing in this section shall be construed to permit a parent acting on behalf of his or her child to waive the child’s prospective claim against a person or entity for intentional misconduct or for a grossly negligent act or omission.
Section 2. This act shall take effect upon becoming a law.

Tort Reform - FAA Partners with Florida Justice Reform Institute

The FAA has partnered with the Florida Justive Reform Institute, a Tallahasee-based tort reform association. Please read more about FJRI here.

Florida Tourism Day Legislative Reception Caps Successful Day

Industry leaders and elected representatives enjoyed the reception at the Florida Restaurant and Lodging Association office. Over 30 elected officlas came to the reception. A great ending to a great FTD.

Slip and Fall Passes Second Stop - Goes to Floor

HB 869 (Aubuchon) - Relating to Negligence - passed Criminal & Civil Justice Policy Council on a 13-2 vote and goes to House floor.

No action yet on Senate companion SB 1224.

Grassroots at It's Best

Florida Tourism Day participants are all over the Capitol meeting with their elected officials and expressing their support for VISIT FLORIDA.

Tourism Issues - Business Issues - Less Government Intrusion

In addition to VISIT FLORIDA funding, priority issues were presented to Florida Tourism Day attendees. There are about 150 tourism leaders participating in this year's FTD.

Advocacy Training

Following a home-style breakfast, Florida Tourism Day gather for advocacy training at the Florida Restauarant and Lodging Association office.

Florida Tourism Day

Florida Attractions Association Board of Directors Meet in Tallahassee

Underscoring the importance of government advocacy, the FAA's Board is meeting in Tallahassee this afternoon and then preparing for tomorrow's Florida Tourism Day.

VISIT FLORIDA Funding

Check out the Partnership for Florida’s Tourism new web site. Preserving funding for VISIT FLORIDA is a priority issue for the FAA!

Florida Attractions Association Supports Funding Florida State Parks

Met with Mike Bullock and his team at Florida State Parks to emphasize the FAA’s support of Florida’s award-winning state park system.

Florida Tourism Day - March 9

Next Tuesday, March 9 is Florida Tourism Day in Tallahassee. Industry leaders from throughout Florida will join together to advocate for the state’s funding of VISIT FLORIDA. Registration information is on our web site.

Florida Chamber of Commerce - Daily Video Briefing During Session

The Florida Chamber of Commerce is posting a daily video briefing during Session. Here is the first presentation from Chamber web site.

Venomous Reptiles and Pythons - FAA Priority Issue Passes First Committee Stop

Another of our priority bills relates to reptiles – prohibiting the sale and possession of pythons and venomous reptiles. The bill exempts established facilities with permits from the Fish and Wildlife Conservation Commission. We support the bill with the exemption allowing our members to continue to exhibit these animals.

Today HB 709 (T. Williams), our captive reptiles bill, passed House Policy Council on a 17-0 vote.

Unemployment Tax Passes - Governor's State of the State

As expected, the Unemployment Tax bill passed both chambers and will be signed by the Governor in short order.

The Governor will deliver his final State of the State address tonight in a Joint Session.

Session Begins! Unemployment Tax Increase Relief - FAA Priority Issue

Today marks Day 1 of the 60-day Session. There is some “pomp” and ceremony today, but with a very full agenda, the Legislators will begin work by mid-day.

Tops on the agenda, and one of our priority issues, is the deferral of the increases in the state unemployment tax for our states business. A 10-fold increase was effective January 1, 2010, the result of high unemployment and extended coverage periods for unemployed workers. It is expected that both chambers will pass and the Governor will sign this rate increase deferral as early as today.

Slip & Fall Passes First Committee Stop

I just left the House Civil Justice & Courts Policy Committee where our “Slip & Fall” bill passed committee 11-2. Next stop Criminal & Civil Justice Policy Council.

Bureau of Fair Rides Rules Development

This morning, I attended the final public hearing on a Rules Development by the Bureau of Fair Rides (BOFR) Department of Agriculture and Consumer Services). Last year, the BOFR proposed a sweeping series of Rules which would have been detrimental to many of our members, and other operating go-cart tracks and waterparks. For example, the Rules would have required an attendant every 200 feet on go-cart tracks! John Arie, John Arie, Jr., and Mark Brisson, from Fun Spot Action Parks took action, producing large contingent of business owners from throughout Florida to attend the Rules Workshop in Tallahassee in March 2009. The responses was so effective, the BORF agreed to meet with owners of family entertainment centers (FECs) for two regional roundtables – one in Panama City Beach and another in Orlando.

The BOFR rewrote the Rules, and there is cautious agreement from industry leaders that the new Rules are a fair compromise.

Legislative Session begins tomorrow, but a lot is happening today, as Tallahassee prepares for the 60 days of Session – and the positive economic aspects of having hundreds of Legislators and staff and thousands of constituents in town to lobby. The morning commute is a bit longer, and the hotels and restaurants will be bustling.

Slip & Fall (Negligence) - FAA Priority Issue

Our “Slip and Fall” bill (HB 689 Aubuchon, SB 1224 Gardiner) has been placed on the agenda for its first stop, the House Civil Justice and Courts Policy Council for March 1. In essence, this bill will transfer the burden of proof from the defendant to the plaintiff in slip and fall cases causes by a “transitory foreign substance”. This is one of the FAA’s priority issues this Session.

Third Thursday @ Three - Session Preview

The Florida Attractions Association’s Third Thursday at Three this month was today and featured a preview of this year’s Legislative Session. William Large from the Florida Jussive Reform Institute, Mark Brisson from Fun Spot Action Park, and Keith Winsten from the Brevard Zoo, and I served on the panel. The TT@T was hosted by Chairman Mark McHugh from Gatorland. If you missed it, I encourage you to listen to the audio archive.

FAA Priority Issues

The FAA’s priority issues for the 2010 Legislative Session are now posted here. There are a lot of advocacy resources on our site and more information and resources will be added as we approach the beginning of Session on March 2.

Parental Waivers Pass First Committee

We had a nice, early “win” today, as the House Civil Justice & Courts Policy Committee passed Parental Waivers - HB 285 (Horner) on a 10-3 vote. Next stop, House Criminal & Civil Justice Policy Council.

Attration Regional Forums

On the road this week in Monday - Miami, Tuesday - Ft. Myers, Thursday - St. Augustine, and Friday - Orlando for 2010 Attraction Regional Forums with Chairman Mark McHugh (Gatorland), Chair-Elect Andrew Hertz (Miami Seaquarium) and Will Seccombe CMO of VISIT FLORDIA are all participating on this year's road show. We'll be sharing several of our prioirty issues for this year's Legislative Session with our members.

Committee Weeks

Though everyone knows most of the “give and take” of Bill development occurs in various committees, many don’t know this work began last October. In October, November, and December 2009, Legislators came to Tallahassee for “Committee Weeks”. In January there are two Committee Weeks and in February there were two Committee Weeks for everyone and a third week for Legislators serving on appropriation committees.

Through this blog, I’ll share with our members updates on the Legislative issues affecting Florida attractions industry.