This was an important week on the e-fairness issue. Bills to close the Internet sales tax loophole went through two Senate committees, and we expect them to continue moving in the Senate. SB 1514 passed the Senate Commerce and Tourism Committee, and SB 2098 was introduced as a committee bill by the Senate Finance and Tax Committee. SB 2098 is important because it includes a provision that makes closing the sales tax loophole revenue neutral, which means any new money generated for the state would be returned back to taxpayers by the Legislature. This is a condition that Gov. Rick Scott has told us is necessary for him to sign the bill, so we are confident that we are moving legislation that would be able to get the governor's signature.

Also this week, the media reported that Amazon.com is offering a deal in Florida that would let them continue to take advantage of the sales tax loophole for another two years, in exchange for building a facility in Florida. We don’t think this is a very good deal for Florida businesses, because we know they are collecting the sales tax today in several other states. While we would welcome the addition of a new retailer in Florida, we believe they should play by the same rules we play by from Day 1.  (view bills)

Pharmacy Council 

HB 509 by Rep Rivas Logan is expected to be on the House Health Care Committee agenda next Tuesday. We have spent the week working with the Florida Medical Association on their concerns regarding increasing the types of vaccinations administered by pharmacists. We were able to come to an agreement with them which will allow pharmacists to begin administering the pneumonia vaccine without a prescription, and to administer the shingles vaccine with a prescription. Additionally, the amended language provides for the medical association to provide continuing education credits for immunizing pharmacists.

The senate companion, SB 850 by Sen. Oelrich, after being amended in the Senate Health Regulation Committee, did receive an additional committee assignment this week. It now has two more stops prior to going to the Senate floor. This was almost certainly a maneuver to ensure that there would be an agreement reached between us and the FMA. We are confident that it will swiftly move through the committees now that a deal has, in fact, been reached. (view bills)

Beauty Industry Council 

HB 887 by Representative Ingram passed out of the House Government Operations Appropriations Subcommittee on Tuesday of this week. The sponsor and the Department of Business and Professional Regulation are working with FRF’s Beauty Industry Council regarding makeup certification requirements and barbering services outside of a barbershop. Before the bill is heard in its next committee stop, the House Economic Affairs Committee, the Department will present new language regarding the industry's concerns.

Our concerns continue to be health and safety issues with barbers performing services away from their licensed businesses; the provision that exempts licensing and training requirements for persons that wish to apply make-up; and language that reduces the state standards for cosmetologists coming from other states.

Currently barbers may only provide services away from their licensed locations at nursing homes, hospitals, or residences when a client for reasons of ill health is unable to go to a registered barbershop. An exception to licensing requirements for persons applying make-up is only for those persons that apply make-up in conjunction with the sale of a retail product. And Florida’s current licensure by endorsement statute requires practitioners desiring to be licensed in this state who hold a current active license in another state to meet qualifications substantially similar to, equivalent to, or greater than the qualifications required of applicants from Florida.

Senator Jones bill, SB 1252, passed out of the Regulated Industries Committee Thursday afternoon. Like Representative Ingram’s bill, we are working with the Department on new language regarding the industry’s concerns. However Senator Jones, who chairs the committee, corrected the Beauty Industry Council’s concerns with the licensure by endorsement language. We will be working closely with DBPR Secretary Ken Lawson as the legislation moves through the process. (view bills)

Retail Beverage Council 

In its original form HB 615, by Representative Horner, would have extended credit to retail dealers of tobacco products, while at the same time establishing a delinquent list issued by the Division of Alcohol Beverage and Tobacco for delinquent credit payment transaction of tobacco retail dealers, very similar to credit law regulation provisions for alcoholic beverages. The bill also had significant negative fiscal impact on state trust funds.

In lieu of the bill's original language, we worked with the tobacco wholesalers to help them recover taxes paid on delinquent retail accounts without creating another burdensome, problematic delinquent list maintained and enforced by the division.

In the House Business and Consumer Affairs Committee this week, HB 615l was changed to allow “at the discretion of the wholesale dealer making the sale, credit for the sale of tobacco products may be extended to a retail dealer. Upon submission of proof to the division by a wholesale dealer, the division shall suspend or deny the renewal of a retail permit who has failed to satisfy the terms of a civil judgment obtained against retail dealer for failure to pay for tobacco products purchased from a wholesale dealer. The dealer submits proof to the division that it has entered into an agreed payment plan with said wholesale dealer or satisfied the civil judgment in full.” 

Another controversial amendment also passed in committee that basically bans roll-your-own tobacco stores. These stores are selling tobacco products at a very reduced price by avoiding state cigarette taxes.

SB 1008, by Senator Hays, has not been heard in committee. We are appreciative of the wholesalers and House sponsor for finding an alternative to the creation of a state delinquent list. (view bills)

Grocery Council 

As mentioned last week, there are two bills pending which would restrict the federal Supplemental Nutritional Assistance Program (SNAP). This week, the House version, HB 1401 by Rep. Plakon, was heard on Monday by the House Health and Human Services Access Subcommittee. It ran into serious legislative opposition and barely passed on an 8-6 vote. Rep. Plakon has indicated that he will address most of the concerns. We are awaiting drafts of the new language. It has two more committee stops before it can go to the House floor. The Senate version, SB 1658 by Sen. Ronda Storms, has not been heard in the senate since its initial committee hearing last week. We will keep working on these bills to either amend them so that they are acceptable to retailers or to defeat them. (view bills)