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Governmental Affairs

Expansion of Bed Tax Stripped Off Bill

Today was a great day for the Florida Restaurant and Lodging Association and especially Florida’s hoteliers. As you know, last week an amendment was placed on House Bill 61 that would have expanded the use of Tourist Development Taxes to fund construction for “publicly-owned convention center hotels”.


The Florida Restaurant and Lodging Association, through a huge letter writing effort by its membership, lobbied their legislators to have this bad amendment stripped off an otherwise good bill.


This afternoon, House Bill 61 was debated on the House floor during the bill’s third reading. As a result of two amendments , one by our own Representative Jimmy Patronis (R) District 6-Bay County, and the other by Ellyn Bogdanoff, (R), District 91-Broward were considered. In addition, FRLA recieves a boost by the support of Representative Joseph Abruzzo (D) District 85-Palm Beach to strip off the offensive language. These amendments removed the language that would have allowed an EXPANSION OF THE BED TAX.


Our “thanks” to Representatives Patronis and Bogdanoff for their efforts to ensure that bed taxes were not expanded beyond their original intent.


Another “special thank you” for all of the FRLA members who took the time to contact their legislators urging the adoption of the amendments that would strip the expansion language from the bill.


And finally, a “well done” to our FRLA Regional Directors for helping organize this effort.


ACTION ALERT: Contact Congress Today regarding Card Check!

ACTION ALERT: Contact Congress Today regarding Card Check! For more information, contact Government Relations at (850) 224-2250                   

*CLICK HERE TO VIEW LETTER*   *CLICK HERE for CARD CHECK 101*   CLICK HERE to go to Floridians for a Democratic Workplace 

 

LEAN Act Action Alert

Dear Member,
Last week, the Labeling Education and Nutrition Act (LEAN) (H.R. 1398/ S. 558) was reintroduced in the U.S. House of Representatives and the U.S. Senate. The National Restaurant Association supports passage of the LEAN Act to provide simpler, more uniform nutrition information to consumers in chain restaurants nationwide.  

Contact your members of Congress today! Ask them to support the Labeling Education and Nutrition (LEAN) Act, sponsored by Senators Tom Carper (D-Del.) and Lisa Murkowski (R-Alaska), and Representatives Jim Matheson (D-Utah) and Fred Upton (R-Michigan).

California, New York City, Philadelphia and other jurisdictions have now passed laws requiring public posting of certain nutrition information in restaurants, and more are on the way. Each of these local and state laws has different requirements, which is forcing restaurants to customize their menu information by area. This causes confusion and frustration for restaurants and for consumers. Studies show restaurants want to provide detailed nutrition information, in a format that will be most useful (convenient, clear, and consistent) to diners when deciding on their meal. Instead of a patchwork of state or local legislation, consumers want nutritional information that is consistent across the country. As an industry of hospitality, we want to respond to our consumers, while also protecting our businesses.

HOW YOU CAN HELP!  

1. Email or Fax Your Members of Congress: Visit www.RestaurantActionNetwork.org to send an email to your personal elected officials.
2. Call Your Members of Congress: Your members of Congress are:  
 

Last Name
First Name
Title
District
Office Phone
Martinez
Mel
U.S. Senator
 
202-224-3041
Nelson
Bill
U.S. Senator
 
202-224-5274
Bilirakis
Gus
U.S. Representative
9th
202-225-5755
Boyd
Allen
U.S. Representative
2nd
202-225-5235
Brown
Corrine
U.S. Representative
3rd
202-225-0123
Brown-Waite
Ginny
U.S. Representative
5th
202-225-1002
Buchanan
Vern
U.S. Representative
13th
202-225-5015
Castor
Kathy
U.S. Representative
11th
202-225-3376
Crenshaw
Ander
U.S. Representative
4th
202-225-2501
Diaz-Balart
Lincoln
U.S. Representative
21st
202-225-4211
Diaz-Balart
Mario
U.S. Representative
25th
202-225-2778
Grayson
Alan
U.S. Representative
8th
202-225-2176
Hastings
Alcee
U.S. Representative
23rd
202-225-1313
Klein
Ron
U.S. Representative
22nd
202-225-3026
Kosmos
Suzanne
U.S. Representative
24th
202-225-2706
Mack
Connie
U.S. Representative
14th
202-225-2536
Meek
Kendrick
U.S. Representative
17th
202-225-4506
Mica
John
U.S. Representative
7th
202-225-4035
Miller
Jeff
U.S. Representative
1st
202-225-4136
Posey
Bill
U.S. Representative
15th
202-225-3671
Putnam
Adam
U.S. Representative
12th
202-225-1252
Rooney
Tom
U.S. Representative
16th
202-225-5792
Ros-Lehtinen
Ileana
U.S. Representative
18th
202-225-3931
Stearns
Cliff
U.S. Representative
6th
202-225-5744
Wasserman Schultz
Debbie
U.S. Representative
20th
202-225-7931
Wexler
Robert
U.S. Representative
19th
202-225-3001
Young
C.W. Bill
U.S. Representative
10th
202-225-5961

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Please call them in their Washington, DC offices and urge them to cosponsor the LEAN Act.

As always, let us know what actions you have taken and we can thank you for your efforts!

Use the points below when you call your members of Congress: 
1.       Customers should have consistent information. Some of the state and local menu-labeling laws for chain restaurants focus solely on caloric information. Others include different nutrition information. Shoppers for packaged foods see the same nutrition data no matter where the store is located; these shoppers should see the same information no matter where they dine at a chain foodservice establishment.
2.       Restaurants should have flexibility and freedom from frivolous lawsuits.  Foodservice establishments vary greatly --- from carry-out to delivery, buffets to quickservice to table service, convenience stores to grocery stores. Restaurateurs should have the flexibility to present nutrition information in the ways their guests want. Restaurateurs also should be able to use simple, less burdensome means to determine nutrition data, without fear of a lawsuit because of human factors common in the restaurant food preparation process. Some restaurants may choose to put all the information directly on the menu. Others may choose alternative methods such as electronic kiosks, supplemental menus or wall posters.
3.       A single, consistent national nutrition labeling standard is the answer. Cities, counties and states do not require different labels for packaged foods, and those jurisdictions should not be able to set different requirements for foodservice establishments. As with packaged goods, nutrition information requirements should be set at the national level.

For more information on this issue, please visit the Coalition for Responsible Nutrition Information's website at www.nationalnutritionstandards.com.  

Questions?  Please contact Meredith Nethercutt by phone at (800) 424-5156, or email mnethercutt@restaurant.org.

Thank you again for participating in this important action alert!

2009 Legislative Updates

Bed Tax Coalition

The Press Conference on Tourist Development Tax Was a Tremendous Success! 

Within an hour of the conference Rep. Aubuchon removed language referring to "bed tax" dollars from House Bill 161, prompting FRLA President and CEO, Carol Dover to release the following statement:

“The Florida Restaurant and Lodging Association (FRLA), along with members of the Bed Tax Coalition, applaud Representative Gary Aubuchon’s (R-Cape Coral) actions today in pulling the controversial Tourist Development Tax (TDT) language out of House Bill 161.  The language would have allowed for an increase of the TDT to go toward unrelated tourism generating and marketing efforts.  FRLA and the Bed Tax Coalition opposes this and any other attempts to divert much needed tourism dollars away from its original purpose.  Simply put…Empty Beds Don’t Pay Taxes.
 
On behalf of FRLA and the Coalition, we thank the over 50 members of the restaurant and lodging industry who traveled to Tallahassee to participate in today’s press conference.  Our speakers, Dominic Calabro, President/CEO of Florida TaxWatch; Carlos Molinet, Director of Operations for the LXR Luxury Resorts and Hotels; and Grant Piché, Director of Operations for the Texas Cattle Company provided the media with personal anecdotes of the challenges facing large and small hoteliers, as well as restaurateurs, during these challenging times.  We thank them for their testimony.
 
Our state is suffering from a global recession.  Raising taxes or diverting taxes away from bringing visitors and their dollars to Florida hurts our state's economy.  Punishing our state’s number one industry and job provider simply doesn’t make sense.  We are committed in keeping Florida’s tourism industry healthy and in sustaining jobs and tourism activities that fuels the state’s larger economy.”

View Photos from the Press Conference

View Video from the Press Conference

Thank you to all members who participated in the press conference!  This is a tremendous victory for tourism in Florida!

Below are links to the original press release, bill and other documents released by FRLA prior to the press conference.

 

FRLA interviewed on WMFE Intersection radio program - CLICK TO LISTEN
Open Letter to Florida Legislators
Tourist Development Tax Talking Points
2008 AH&LA Room Tax Impact Study
Annotated Florida Statutes Chapter 125.0104
HB 161 Summary

 


Rep. Larry Cretul Elected Speaker of the Florida House

At approximately 9:17pm this evening, the House Republican Conference met and voted Rep. Larry Cretul (R - HD 22) as the designated Speaker of the House.
The special conference meeting was called by Majority Leader Hasner following Speaker Ray Sansom's recusal of his duties on Friday afternoon. According to House rules, Cretul will be officially sworn in as Speaker on the opening day of Session, March 3rd.
The vote was unanimous, with all members present voting for Representative Cretul.

Card Check/The Employee Free Choice Act

SUMMARY OF CARD CHECK

Legislation called the "Employee Free Choice Act" (EFCA) was considered by Congress during the past session (2007-08) that would strip from workers their right to vote in determining their representation, their wages and benefits. This violates the spirit of established federal law, and it opens the process to fraud and abuse.

One of the key elements of federal labor law is the right of workers to participate in a private ballot election - the same method used to elect Members of Congress, other public officials and even union leadership - to decide their workplace representation and the conditions of their employment.  Workers also have the right to review and vote in private ballot elections on negotiated labor contract that would determine the condition of their employment.
EFCA would take away a worker’s right to a federally supervised private ballot when deciding whether or not to join a union. It would replace the private ballot with a biased and inferior process called “card check” which allows a union to organize if a majority of workers simply sign a card.  Under this system, the workers’ votes are made public to the employer, the union organizers and co-workers.
EFCA also contains an unprecedented requirement imposing contract terms on private, unionized employers through a process of mandatory binding arbitration.  The arbitration requirement not only disrupts the careful balance established by our nation’s labor laws, but also denies workers the ability to vote on their contract and creates disincentives for parties to compromise.
According to a poll conducted in 2007 by McLaughlin & Associates of union and non-union households:
  • 89% believe having a federally-supervised secret ballot election is the best way to protect the individual rights of workers, and that same percentage says a worker's vote to organize a union should remain private.
  • 73% of Republicans and 70% of Democrats would be less likely to vote for a Member of Congress who voted in favor of taking away a worker's right to a federally supervised secret ballot election.

Click Here to read more

FRLA Urges Senate and House to Support VISIT FLORIDA

Dear Members:
 
The following letter was sent to members of the Florida House and Senate. In addition to the letter, Carol Dover and Richard Turner have made several personal visits with legislators expressing the importance of this issue.  We are working closely with VISIT FLORIDA to protect their budget.  The Legislature is seriously considering cutting VISIT FLORIDA’s budget for the remainder of the 2008-09 budget year.  We have been told, they need to “locate” 2.3 billion dollars before June 30.  All programs and government services are at risk as they make these budget decisions.  Prior to the New Year, we began working on this issue.  Carol and Richard have either met or discussed the VISIT FLORIDA issue with Bud Nocera, Jay Galbraith of SeaWorld and Candace Rodatz of Universal.  Carol and Richard have met with the following legislators on the VISIT FLORIDA and other FRLA related matters: Aubuchon, Homan, Abruzzo, Hooper, Eisnaugle, Burgin, Plakon, Workman, Ray, Hays, Ambler, Galvano, Patronis, Homer, Crisafulli, Precourt, and Hukill.  We are asking all members interested to write their local representative and senator on this issue.  If you have any questions or concerns, please contact FRLA at (850) 224-2250 or (888) 372-9119.
CLICK HERE to view letter.

What you should know about the Employee Free Choice Act (Card Check)

Big labor unions have pledged to spend more than $200 million on politics in 2008.
What do they expect from this massive investment? The answer is simple: scrapping the Federal law that protects both small businesses and workers during union organizing drives.
 
Under current law, the decision of whether or not to form a union is usually left to the workers — through a secret ballot election. That  means that workers can choose — in private — whether they want to join a union. But in such an election, workers might not vote the “right” way. Unions have decided to get rid of secret ballot elections by convincing Congress to pass legislation falsely advertised as the Employee Free Choice Act, better known as Card Check.
 
Under Card Check, union organizers would be free to “persuade” workers to publicly sign a card stating that they support the union. Union organizers could ask workers to sign a card just about anywhere — in the parking lot after work, at a restaurant, even at home. Once more than 50% sign cards, workers would be stuck with the union — no more debate and no secret ballot election.
 
Because unions would know who has signed a card, workers would be exposed to unrelenting pressure and coercion. Exposing workers to this harassment may seem unfair, but the goal of this legislation isn’t fairness — it’s getting workers to sign cards and begin paying union dues.
 
We need our elected officials to protect secret ballot rights in our workplaces, not bow to the $200 million unions plan to “invest” in 2008.

For more information, visit www.FloridiansforaDemocraticWorkplace.org.

Click Here to view "A Grassroots Plant to Defeat Organized Labor's Push for 'Card Check' "

Click Here to view Frequently Asked Questions regarding "Card Check"

Click Here to view "Assessing Legal Prospects for Protecting the Right to Secret Ballot in State Constitutions"

 

 

Florida Cabinet to Fix Corporate Income Tax Glitch

Dear Members:

Governor Charlie Crist, responding to the urgent nature of this glitch to Florida employers, has requested that the Florida Cabinet take up an emergency rule at their December 9th Cabinet meeting. The emergency rule, effective for 90 days, carries the force of law and is intended to protect Florida employers and our economy from the severe negative impact from glitch.

Please follow the links listed below to review the letter from Governor Crist as well as DOR's proposed emergency rule.

Please take a moment to contact Governor Crist and thank him for his leadership on this issue. You can reach Governor Crist at charlie.crist@myflorida.com .

Letter from Governor Crist

DOR's Proposed Emergency Rule

BEWARE: The Employee Free Choice Act

Provided by: Pedro P. Forment, Ford & Harrison LLP

Imagine This:

A government official calls you to say that since a simple majority of your employees in a workgroup signed union authorization cards at a union meeting yesterday, you are legally required to bargain with the union on their behalf.

After a number of bargaining sessions with the union over a 120-day period fail to result in a contract, a government arbitrator decides the wage rates, pension plan, health insurance, vacation and holidays you must provide for your employees during the term of a 2-year contract.

Impossible to imagine, right? Unfortunately for U.S. businesses, both scenarios will be a reality for many employers if the so-called Employee Free Choice Act (EFCA) becomes law next year.

Unions today represent only 7.3% of the private sector workforce, down from 34.8% in 1954. This trend could be reversed dramatically if Big Labor gets the EFCA passed. Under the EFCA, union membership would escalate and return traditional labor issues to the forefront. Depending on the outcome of the elections in November, this measure could become law early next year. If so, unions will succeed in restoring their “brand”: organized labor.

To help employers deal with these issues, Ford & Harrison LLP has developed a Critical Analysis of EFCA and its potential impact on workplaces like yours. This Analysis provides an overview of the proposed legislation; describes the process for union organizing and collective bargaining under current federal labor law; analyzes the ways in which the EFCA would modify the legal process and ultimately impact union organizing strategies; and presents a Ten-Point Strategic Action Plan for employers to reduce potential vulnerability to union organizing and improve employee relations in the workplace.  Click Here to view the analysis.

For more information on this issue contact Richard Turner at FRLA, rturner@frla.org or Pedro Forment of Ford & Harrison LLP, (contact information is below).

Pedro P. Forment, Esq.
Ford & Harrison LLP
Bank of America Tower at International Place
100 S.E. 2nd Street, Suite 2150
Miami, FL 33131
Tel: (305) 808-2104
Fax: (305) 808-2101
Cell: (305) 975-3315
E-mail: pforment@fordharrison.com

 

 

AH&LA: H2B Visa Action Needed

YOUR ACTION IS NEEDED

The H-2B returning worker exemption was not renewed before Congress recently recessed. However, the two bills to renew the exemption (H.R. 1843 and S. 988) continued to gain support and attract cosponsors.

Because of a great deal of unfinished business, Congress will return after the November elections for a “lame duck” session. At that time, we will have a window of opportunity, but Congress must understand that it is an important issue.

Please contact your representative in the House and your two senators again until our H-2B legislation is renewed. While they are back home, call their local offices and request to meet with them about the necessity of passing H-2B relief as soon as Congress reconvenes. In addition, write letters to the editor of your local papers. These are usually the first thing a member of Congress reads and they have a significant influence. Let them know that while members of Congress may see the issue as a political one, in the real world outside of Washington it means whether you will have a successful season or if you will have to let go of several of your full-time employees.

They must realize that you expect them to do their jobs and represent you and that you will hold them to account if they don’t.

Click Here for more information.

 

NRA Update: Restaurant Depreciation Victory

As you know, Congress passed and the President signed the Economic Stabilization Act of 2008 on October 3, 2008.  In addition to provisions to stabilize the financial markets, the legislation included tax extension relief for businesses.

In a major victory for the restaurant industry, the Emergency Economic Stabilization Act of 2008 legislates a 15-year depreciation schedule for new restaurant construction in 2009.  In addition it extends the 15-year schedule for restaurant improvements in 2008 and 2009.  (The provision also includes extension for leasehold improvements in 2008 and 2009, and owned retail building improvements at 15 years for 2009 as well). 
 
For many years, NRA has fought for changes to the tax code to treat new restaurant construction and improvements similarly, and now we have achieved a 1 year provision.  Now that new construction has been included in tax extenders, it sets the precedent to be extended as an existing tax policy, and not a new provision in future years.  Although we will need to work hard to keep this provision, we are hopeful we can build upon this 1-year provision.  NRA will continue to advocate for permanent adoption of 15 year depreciation schedules for new construction and improvements.
 
NRA research shows that changes in depreciation schedules will have a real impact on restaurants’ tax savings.  For a $700,000 construction project, a typical restaurant would save nearly $7,000 a year in taxes from accelerated depreciation, using a 15-year schedule versus a 39 1/2-year schedule.  See chart below for other examples.  In an industry where renovations are done on average every 6-8 years at a cost of $250,000. - $400,000. the savings can be significant, not to mention for a new construction project of greater expenditure.
 
Sample Calculations for 15-Year versus 39-Year Depreciation
 
Annual
 
Annual
 
Annual Difference
 
Depreciation
Annual
Depreciation
Annual
in Tax Savings
Total Capital
Based on
Tax Savings
Based on
Tax Savings
Between
Expenditure on
39-year
from
15-year
from
15- & 39-Year
Eligible Property
Schedule
Depreciation
Schedule
Depreciation
Schedules
$100,000
$2,532
$608
$6,667
$1,600
$992
$250,000
$6,329
$1,519
$16,667
$4,000
$2,481
$500,000
$12,658
$3,038
$33,333
$8,000
$4,962
$700,000
$17,722
$4,253
$46,667
$11,200
$6,947
$1,000,000
$25,316
$6,076
$66,667
$16,000
$9,924
$1,500,000
$37,975
$9,114
$100,000
$24,000
$14,886
$2,000,000
$50,633
$12,152
$133,333
$32,000
$19,848
Note:  Figures are based on a 24% effective marginal tax rate
 
Expenditure Scenarios
Average Rebuild Costs:                                  Average Renovation Costs:
Quickservice - $700,000                                 Quickservice - $250,000
Fullservice - $1,500,000                                  Fullservice - $500,000
 
 
Over the last 18 months, the industry has achieved significant tax relief of approximately $5.5 billion.  In addition to these depreciation provisions, we have achieved modifications to the FICA (45(b)) tax credit and the waiver of alternative minimum tax liability for FICA as part of the 2007 minimum wage/tax relief legislation. 
 
Thank you for all your efforts in achieving this victory for the restaurant industry.  Through action on many Restaurant Action Network alerts, your lobbying during the last two Public Affairs Conferences, as well as other industry advocacy, we have been able to achieve real results. It is a testament to your hard work in educating lawmakers about the importance of  these changes in the tax code for restaurateurs, and advocating for their passage.
 
It is also important to thank those who have supported the industry on our top tax priority.  To view how your Representatives voted, click here.  The Senate vote can be found here.  For your member of Congress’ contact info, please login to the Restaurant Action Network.  Attached is a sample thank you letter that can be customized.
 
Below, please find NRA’s press release on the passage of restaurant depreciation.
 
 
For Immediate Release: October 8, 2008
Contact: Mike Donohue (202) 331-5902; Maureen Ryan (202) 331-5939 media@restaurant.org
 
National Restaurant Association Applauds Major Victory for the Restaurant Industry
Restaurant Depreciation Measure included in Emergency Economic Stabilization Act
 
( Washington, D.C.) – The National Restaurant Association today hailed last week's passage of the Emergency Economic Stabilization Act of 2008, which includes a measure especially critical to restaurants – a 15-year depreciation schedule for improvements made to restaurant buildings in 2008 and 2009, and for new restaurant construction in 2009. National Restaurant Association research shows that for a $700,000 construction project, a typical restaurant would save nearly $7,000 a year in taxes from accelerated depreciation, using a 15-year schedule versus a 39 1/2-year schedule.
 
"Establishing a shorter depreciation schedule has long been a top tax priority for the restaurant industry. We are grateful that Congress realized how critical this measure is to helping the industry, mostly small businesses, to continue to create jobs in this challenging economy," said Dawn Sweeney, President and CEO of the National Restaurant Association. "A faster, more accurate depreciation schedule has a direct impact on a restaurant's bottom line. By shortening the depreciation schedule to 15 years, Congress has given operators cash flow to reinvest in their businesses, allowing them to grow and add more restaurant jobs."
 
"Restaurants have been at a competitive disadvantage - with a 39 1/2-year depreciation schedule - to businesses such as convenience stores and amusement-park food stores who enjoy far shorter depreciation schedules, enabling these non-restaurant operations to more easily expand and improve their foodservice options," continued Sweeney. "With 133 million Americans patronizing restaurants each day, restaurant buildings experience structural and cosmetic wear and tear unlike other retail buildings. Most restaurants remodel and update their building structures every six to eight years. When restaurants invest in construction and renovations, the impact spreads through the economy."
 
The restaurant industry is expected to spend more than $50 billion over the next ten years for building construction and renovations. These more-than-modest expenditures in turn have a significant economic impact on the construction industry, with whom restaurants contract to perform the new construction and renovations. According to the Bureau of Economic Analysis, every dollar spent in the construction industry generates an additional $2.39 in spending in the rest of the economy, while every $1 million spent in the construction industry creates more than 28 jobs in the overall economy.
 
###
 
 To send your member of Congress a thank you note, CLICK HERE. 

The National Restaurant Association Announces Introduction of the Labeling Education and Nutrition (LEAN) Act in the House and the Senate

The National Restaurant Association is pleased to announce that the Labeling Education and Nutrition (LEAN) Act has been recently introduced in both the House and the Senate.  The LEAN Act would create a uniform national nutrition labeling standard for chain restaurants of 20 or more branded units nationwide.  Importantly, the LEAN Act will provide some flexibility in how nutrition information is provided, provide significant liability protection for those restaurants that comply, and provide national uniformity by preempting state and local menu labeling mandates. 

Below are copies of both H.R. 7187, introduced by Representative Jim Matheson (D-Utah) and S. 3575, introduced by Senators Tom Carper (D-Del.) and Lisa Murkowski (R-Alaska).  We encourage you to contact your members of Congress and urge their support of this important bill.  Without a federal uniform approach to the nutrition labeling debate, restaurateurs will be faced with a growing and complex patchwork of state and local mandates. 
 
If you have any questions, please contact at Michael Shutley MShutley@restaurant.org or Brendan Flanagan at bflanagan@restaurant.org

FDA Issues Message to the Restaurant Industry

A Message for Retailers and Food Service Establishments on the Handling, Removal, and Disposal of Mexican-grown Jalapeño and Serrano Peppers due to Salmonella Saintpaul Hazard

FDA is currently asking retailers and food service operators to respond immediately to remove and secure for disposal fresh (raw) jalapeño and serrano peppers grown, harvested or packed in Mexico, making sure that all such peppers are not inadvertently made available for use, purchase, salvage or donation and therefore preventing any possibility for human or animal consumption.

This action is the result of evidence gathered by an intensive FDA investigation that now points to jalapeño and serrano peppers from Mexico as the most likely source of the outbreak that has caused over 1,300 people around the country to become ill. Suggestions for the proper handling and removal of these products from further circulation and disposal of products are provided below.

Additionally, restaurants, retail food stores, and similar retail institutions that have used jalapeño or serrano peppers grown, harvested or packed in Mexico as a garnish or as an ingredient to prepare entrees, salsas or other products are asked to dispose of these products, making sure that all such peppers are not inadvertently made available for use, purchase, salvage or donation and therefore preventing any possibility for human or animal consumption.

Click "More" for information on safe-handling practices for removal of fresh jalapeño and serrano peppers

More »

Fiberbuilt Umbrellas Makes the 5% Challenge!

FRLA is pleased to announce that Fiberbuilt Umbrellas is the most recent member to join the FRLA 5% Challenge program to help raise money for FRLA’s LIFE Fund. By offering the Challenge, Fiberbuilt pledges to contribute 5% of profits from all sales to FRLA members back to the Association. These funds are vital in supporting the political efforts of the Association and the FRLA PAC. Fiberbuilt offers a variety of shade solutions including Double Tier Umbrellas, Beach Umbrellas and Cabanas in a wide range of size and colors. Please consider making your purchase from Fiberbuilt Umbrellas and support the FRLA LIFE Fund with your business! For more information, contact Jordan Beckner at 954-484-9139 or email Jordan@fiberbuiltumbrellas.com or visit their website at www.fiberbuiltumbrellas.com.

Governor Signs DBPR Bill May 28, 2008: State Preempts Local Governments from Passing Ordinances Requiring Menu Labeling

SB 2016 (Senator Aronberg) /HB 1109 (Representative Dorworth) were supported by FRLA. The bills provide clarification of Chapter 509, and will benefit both the industry and the Department of Business and Professional Regulation.


Among the modifications, DBPR had originally suggested that the current law allowing a food service manager 90 days to obtain a certificate was too long. DBPR wanted all Certified Food Mangers to have their certificates prior to engaging in management activities. FRLA, working with DBPR, was able to craft an amendment that will allow a food service manager up to 30 days to obtain a certificate.


FRLA is also proud to announce that language included in the bill prohibits local governments.

FRLA Members Urged to Help Fight Expansion of Hotel Bed Tax as Proposed in HB 699

Florida’s hospitality industry is facing increased taxation in HB 699, a bill whose next stop in the Florida Legislature is a full vote on the House of Representatives floor.
 
The Florida Restaurant and Lodging Association, together with the Monroe County Tourist Development Council, the Florida Keys Lodging Association, the Key West Innkeepers Association and the Florida Association of Convention and Visitors Bureaus, need your help to oppose an expansion of the hotel bed tax as proposed in an amendment added to HB 699, related to affordable housing.  The most recent version of this bill includes a provision that calls for existing and new hotel bed taxes in Monroe County to go towards affordable housing programs.
 
This proposed expansion does not require local voter approval to either expand the tax or raise it further, so it is even more important that members get involved in fighting this bill in the Legislature
 
FRLA is urging members to fight this increased burden on the hospitality industry by contacting your local state representatives and senators. Click "More" for important points about this bill and its effects on the industry. Please feel free to use this information in a letter or phone call to your Legislators.

More »

No-Match Mandates to be Reissued

(Washington, D.C., March 27, 2008) – The Bush Administration today reissued proposed rules that seek to increase enforcement of immigration laws. These measures contain significant changes, including mandatory procedures that employers will have to follow after receiving “no-match” letters and subsequent penalties if they fail to do so.

 
The public is invited to comment on the proposed rules online through April 25, 2008, by going to the Federal eRulemaking Portal: http://www.regulations.gov. Comments should be identified by DHS Docket No. ICEB 2006–0004.

More »

Attorney General Michael B. Mukasey Announces Higher Civil Fines Against Employers for Immigration Violations

 

Attorney General Michael B. Mukasey today announced higher civil fines against employers who violate federal immigration laws. The announcement was made in a joint briefing today with Secretary of Homeland Security Michael Chertoff about newly enacted border security reforms put in place by the Departments of Justice and Homeland Security. Under the new rule, which was approved by Attorney General Mukasey and Secretary Chertoff, civil fines will increase by as much as $5,000. The new rule will take effect on March 27, 2008, and will be published in the Federal Register early next week.

Give Back to Your Community by Participating in Charity Challenge

With philanthropy as its driving motivation, Charity Challenge was established in 1987 to bring our community together by providing an opportunity for young adults to have fun and give back to local charities at the same time. Twenty-two events later, it continues to bring co-ed teams from the hospitality, hotel and apartment industries for a full day of spirited athletic contest which include: basketball shootout, canoe relay, obstacle course, tubing relay, volleyball tournament and tug-of-war tournament.
 
Over the past 21 years, Charity Challenge has evolved from a four team, backyard event into a multi-media extravaganza with more than 100 teams competing and the loyal support of over 170 sponsors. Since its inception, Charity Challenge has awarded nearly $3 million to local charities, including $300,000 to over 80 charities in 2007; making it the largest independent charity in central Florida.
 
On May 17, 2008, Charity Challenge XXIII will be bigger and better than ever with thousands of spectators and a statewide television audience watching teams participate in six challenges for a common goal. For many businesses, Charity Challenge has proven to be a remarkable way of becoming more involved in their community while achieving high visibility for such a positive undertaking.

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Relating to Lobbyist/Prohibition of Acceptance of Expenditures

Senator Al Lawson has introduced SB 2056, regarding exceptions to the prohibition of acceptance of expenditures by legislators from lobbyists. The bill, will permit legislators to eat at events, meetings and functions held for purpose of providing information on legislative and government issues. In no event would food and beverage expenditure consumed exceed a total value of $20.00

For more information, visit click here.

Heartland's "Payment Insider" Outlines New PCI DSS Mandates

Dear Valued Merchant,

It’s been a year since TJX Companies, Inc. suffered a massive computer breach that compromised the identities of millions of credit and debit cardholders. Just recently,
the company agreed to pay up to $40.9 million to eligible U.S. Visa issuers — the resultant amount after Visa rescinded a portion of the fines it imposed. And, that’s not the end of it. TJX still faces other fines and lawsuits.


Information breaches are hardly a concern just for large companies. Yet, many small business owners don’t understand the damage information security incidents can cause — and they don’t properly protect themselves and their customers. Make no mistake: safeguarding information should be one of your top priorities.


That’s why we are devoting this issue of Payments Insider to compliance with data security standards.


If you have any questions about the security of your payment transactions, please call your relationship manager, servicing manager or our Heartland servicing team at 888.963.3600. You can also reach us at Heartland@e-hps.com.

Best regards,
P. Gayle Hoskinson, Interchange and Compliance Manager

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National Restaurant Association: Economic Stimulus Bill to Provide Boost for Restaurant Industry

Dawn Sweeney, President and CEO of the National Restaurant Association, made the following statement regarding final congressional approval of an economic stimulus package:

"A healthy economy is vitally important to the restaurant industry and to the nation. We commend Congress and President Bush for working together in a bipartisan manner to pass this stimulus package. The agreement should provide a boost for the restaurant industry not only because it allows taxpayers to retain more of their hard-earned income, but also because it includes expensing and bonus depreciation measures that will provide incentives for small-business owners to invest in their companies and hire new employees."

Breaking News on Congressional Race

Republican Party of Florida Chairman Jim Greer and Rep. Stan Mayfield publicly endorsed Sen. Bill Posey for his congressional bid at an 11:00 AM press conference held at the Brevard County Republican Executive Committee headquarters this morning. Florida’s 15th District seat is currently held by Rep. Dave Weldon, who two weeks ago announced he would not run again in 2008. Senator Posey has already garnered the endorsement of Sen. Mike Haridopolos. You will remember that Rep. Mayfield announced his own bid for CD 15 last week; however he has chosen to drop out and support Posey. Chairman Greer will use this morning’s press conference as an opportunity to sign an order which will prevent the National Republican Congressional Committee from supporting any other Republican candidate, and will funnel all Republican funds to Sen. Posey.

Change in International Land and Sea Travel Document Procedures

The U.S. Department of Homeland Security (DHS) has announced changes to international land and sea travel document procedures for individuals seeking reentry into the United States. In the past, an oral declaration of citizenship was sufficient for entry into this country, but new regulations require a person seeking to enter the U.S. present a form of identification from the list below. U.S. Customs and Border Protection (CBP) will implement the new requirements over the next 18 months, with full implementation as early as June 1, 2009.

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Understanding the New Property Tax Amendment

FRLA Board Member Jimmy Patronis, offers his insight—as a Florida Representative— on meaningful property tax relief for Floridians. “This has been one of my top priorities this year,” he says. He provides answers to typical questions members might have to help understand the new Property Tax Amendment.

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House Budget Chair Ray Sansom’s Update for FY2008-09 Budget

Florida House of Representatives Policy and Budget Council Chairman Ray Sansom sent a memo on Jan. 10 to all House members, providing an update on the state budget for the fiscal year 2008-09.

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Protect Yourself: Increased Media Interest in Hotel Cleanliness

Recently the Chicago Sun-Times published an investigative piece on contaminated ice samples from local restaurants and hotel bars. The Sun-Times journalists sampled ice from 49 establishments and found 11 with high levels of fecal coliform bacteria, including three hotel bars.

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Continued Support Needed to Stop Irresponsible “Hometown Democracy” Amendment

Despite recent changes that require increased voter approval to alter the Florida Constitution, another irresponsible amendment is being promoted by extreme special interests. The so-called “Hometown Democracy” amendment, a statewide “Vote on Everything” initiative, would imperil Florida’s prosperity and quality of life.

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H-2B Fly-In To Washington Scheduled

Save Small Business, an organization with which AH&LA works on the H-2B issue, has announced a fly-in to Washington, DC for Wednesday, December 5 and Thursday, December 6, 2007, to provide an opportunity for employers to meet with their representatives and senators and urge them to pass legislation to provide relief to the H-2B visa program.

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Legislature Puts Property Tax Reform on January Ballot

Measure to be decided on January 29

On October 29, 2007, the Florida House joined the Florida Senate on a package of property tax reforms that will be put before voters to decide on January 29, 2008. The package is significantly different than what was passed by both chambers just last week. The final constitutional amendment contains four items (outlined below) that seeks to reduce property taxes on both homestead property and non-homestead property.

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Workforce Innovation Announces New Minimum Wage Effective January 1, 2008

Florida's minimum wage is $6.79 per hour, effective January 1, 2008. This is up from the $6.67 per hour minimum wage in 2007. On November 2, 2004, Florida voters approved a constitutional amendment which created Florida’s minimum wage. The minimum wage applies to all employees in the state who are covered by the federal minimum wage. 


Florida law requires the Agency for Workforce Innovation to calculate a new minimum wage each year and publish the new minimum wage on January 1. The current minimum wage represents a 1.85 percent change in the federal consumer price index for urban wage earners and clerical workers in the South Region for the 12-month period prior to September 1, 2007. Florida's minimum wage is $.94 more than the current federal minimum wage of $5.85.

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Proposed Re-Write and Amendments to “Sales and Use Tax”

The Department of Revenue’s rules regarding the taxation of food has been a collection of piece-meal fixes over the years.

Click here to review a proposed re-write to the “Sales and Use Tax” rules, which will substantially affect our industry. If you have any questions or comments, feel free to contact FRLA’s Government Relations section at (850) 224-2250.

New "No-Match" Rules Blocked


Court Prevents Implementation of Burdensome New Rules

(Washington, D.C., October 15, 2007) - Recent rules issued by the U.S. Department of Homeland Security (DHS) that would require employers to take certain actions upon receipt of Social Security "no-match" letters have been blocked by a U.S. District court. The government is expected to appeal the decision. Under the ruling, employers will not be required to take new extraordinary actions or be subject to severe penalties unless the ruling is overturned in the future.

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Hoteliers Asked to Contact Congress, Urge Renewal

H-2B Relief To Expire Sept. 30

Hoteliers should contact their Senators and Representatives immediately and urge them to cosponsor legislation that will maintain the relief of the H-2B visa program that is scheduled to expire on September 30.

Senators should be asked to cosponsor S. 988 introduced by Sen. Barbara Mikulski (D-MD) which would extend the H-2B relief provision for 5 years.

Representatives should be asked to cosponsor H.R. 1843 introduced by Rep. Bart Stupak (D-MI) which would make the H-2B relief provision permanent.

Hoteliers should note that although the H-2B program is extremely expensive and difficult to use, it is critical to seasonal businesses. It should also be stressed that if a renewal is not enacted, Congress will be punishing employers that follow the law.

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Licensing Fee Rule

Proposed Licensing Fee Rule 61C-1.008 gives DBPR the ability to waive food and lodging license fees. Click here to download the proposed  Licensing Fee Rule 61C-1.008.

Property Tax Amendment Thrown Off January 29 Ballot

On September 24, 2007, a Leon County circuit judge ruled that the ballot summary for the proposed property tax amendment on the January 29th ballot is not clear or unambiguous, and does not provide fair notice of the effect of the proposed constitutional amendment. The judge focused on the fact that the summary is not clear as to the ultimate fate of Save Our Homes if the amendment were to pass. However, the judge did find that the legislature has the authority to limit the ability of local governments to levy property taxes, so the statutory relief provided by the June special session stands. Below is a copy of the opinion for your review and analysis. Keep in mind that the Legislature is due to convene in special session next week, so they could potentially rework the summary and place the issue back on the ballot. We will keep you posted as this issue develops.

Taxation and Budge Reform Commission Holding Public Hearings

The Taxation and Budget Reform Commission (TBRC) is in the process of holding public hearings throughout the state to obtain feedback from the general public about the additional steps that must be taken to achieve meaningful tax reform in Florida.

The TBRC, which is chaired by former Florida House Speaker Allan Bense, is given the responsibility under the constitution to “examine the state budgetary process, the revenue needs and expenditure processes of the state, the appropriateness of the tax structure of the state, and governmental productivity and efficiency.” The TBRC can propose constitutional amendments for the November 2008 ballot. To find out more about the TBRC, go to www.floridatbrc.org.

Below is a schedule of their upcoming meetings, and some suggested talking points for you to use if you attend a public hearing and wish to provide public comments to the commission. The business community is encouraging everyone to attend a meeting in their area and lend a voice to others across the state who are calling for additional tax relief and reform, particularly because of the uncertainty that now surrounds the work of the proposed constitutional amendment.

 

PIP Deal Coming Together

TALLAHASSEE - Florida’s no-fault auto insurance law may be getting a second chance at life, but with beefed up protections against fraud.

Although set to expire on Oct. 1, legislative negotiators on Friday reached an agreement to extend - likely by three months - the current requirement that motorists carry a minimum of $10,000 in personal injury protection.

As of January, the no-fault law would be revamped, for the first time setting fee limits on what hospitals, doctors and clinics can charge for accident-related care and setting aside $2 million to prosecute fraud and provide better oversight by the Attorney General’s office. Put together under pressure from Gov. Charlie Crist’s office, the deal must still be approved by legislative leaders and then ratified by the Florida Legislature.

The state’s lawmakers are set to go into a 10-day special budget cutting session on Oct. 3 but lawmakers could be called into a quick session next week, when many will already be in town for budget committee meetings.

Senate Banking and Insurance Chairman Bill Posey, R-Rockledge, said if his colleagues approve the changes it will, “mean rates will not continue to go up because of fraud or because PIP was abolished and replaced with more expensive insurance.”

He laughingly compared the agreement to giving birth, saying, “It took about as long and was about as painful.”

In what has been called one of the largest special interest food fights ever, the battle over how to revamp PIP has raged over the past year, pitting large insurance companies, small independent insurance companies and agents, trial attorneys, hospitals, doctors and medical clinics against each other.

The compromise was forged by Posey and Rep. Ellyn Bogdanoff, R-Fort Lauderdale.

It is the large insurance companies, led by State Farm, the state’s largest auto insurer, that wanted to put an end to no-fault insurance. They claimed the system is rife with fraud, which jacks up the rates.

Under no-fault, insurance companies must pay medical benefits for their policyholders, no matter who caused an accident - and that has opened the door to staged car crashes, false crash reports, contrived injuries and fraudulent billing. If no-fault were allowed to expire, drivers determined to be at fault would be responsible for the medical expenses of everyone involved.

Linda Kleindienst of the Tallahassee Sentinel Bureau filed this report:

NRA Urges Reconsideration of Regulations on "No-Match" Letters

(Washington, DC) - The National Restaurant Association this week sent a letter to the U.S. Citizenship and Immigration Services of the Department of Homeland Security (DHS). The letter urged reconsideration of regulations set forth by the Bureau of Immigration and Customs Enforcement regarding legal obligations of employers upon receipt of "no-match" letters from DHS or the Social Security Administration (SSA).

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Security Alert: International Intelligence Gathering Via Email

There have been recent incidents of hotel companies receiving the following international emails requesting items that could be construed as intelligence gathering:

"I would like to receive the complimentary brochure of your hotel/resort, free of cost. The reason is that I am fond of collecting hotel and resort brochures which I do not sell. In addition to the brochure, if your hotel/resort has some complimentary accessory items like pens, pencils, markers, file covers, file clips, hotel logo stickers, 2007 edition calendars, letter pads, writing pads, mouse pads, key rings, diaries, carrier bags, complimentary wallet, etc., then I request you to kindly send to me on behalf of your hotel/resort as souvenirs, free of cost."

The Department of Homeland Security has investigated the emails and do not believe the ones received to date pose a dangerous threat. They advise each property to treat the messages as a SPAM and ignore the emails.

If you receive a suspicious request, please contact the local Department of Homeland Security representative or call the local FBI office. Please also contact the National Infrastructure Coordination Center, which tracks incidents and shares leads with 17 sectors, at (202) 282-9201. You should also notify your franchisor's loss prevention department.

Managing Spent Fluorescent and High Intensity Discharge (HID) Lamps

You are encouraged to recycle fluorescent and HID lamps, even those with lower mercury content, by following the Chapter 62-737, Florida Administrative Code regulations outlined in this fact sheet.

Opposition to Hometown Democracy’s Constitutional Amendment

Despite recent changes that require increased voter approval to alter the Florida Constitution, another irresponsible amendment is being promoted by extreme special interests. The so-called “Hometown Democracy” amendment, a statewide “Vote on Everything” initiative, would imperil Florida’s prosperity and quality of life (Read Summary). We need your help right now to stop it.

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Identification Requirements To Be Increased For Travel to U.S.

Land and Sea Travel to be Affected

(Washington, D.C., June 20, 2007) - The Western Hemisphere Travel Initiative (WHTI) requires anyone, including U.S., Canadian and Mexican citizens, entering or re-entering the U.S. from the Western Hemisphere to have a passport or other secure document.

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New Property Tax Plans Released as Special Session Approaches

Dear Members:

Preview Florida’s Property Tax Reform Plans
Governor Crist’s Plan
House Democrat Plan
House Republican Plan
Property Tax Relief Agreement
I would like to take a few moments of your time to provide an update on where we are on property taxes.

In the final days of Regular Session, Senator Webster and I focused on one particular approach which has the potential to provide the levels of relief and reform that our members seek and which also appears to be favorably viewed by our partners in the Senate. As you may already know, Speaker Rubio recently publicly discussed this methodology upon which we hope to base a consensus product for property tax relief and reform. Under this approach, homestead exemptions would be dramatically increased based on a percentage of value (as opposed to a flat dollar amount.)

Here is one example of how this might work:

- On the home’s first $300,000 in just value, 80% of the value of the property would be exempt from property taxes.

- On the next $700,000 in just value, 70% would be exempt.

- On just value above $1,000,000, 30% would be exempt.


Under the above “tiered” example, about 90% of existing homestead property owners would benefit under the plan. Furthermore, the relief is targeted proportionally to the homestead properties that have been treated most unfairly as a result of the inequities created by the Save Our Homes amendment, i.e., people who recently purchased their home will receive greater relief than those longstanding homestead owners who have been living in their homes longer and receiving the valuation protection provided by the Save Our homes amendment.

It’s important to note that the above tiered structure is only one example of how the percentage based exemption methodology could be implemented. There are several variables and options to be considered, including what percentage(s) to use and to what the percentage exemption will be applied, e.g., should the exemption be based upon a flat statewide percentage, a percentage that varies county-by-county like median home value, or a percentage based upon a tiered structure similar to the one above, or some combination or variation of these approaches.

With respect to the small percentage of homeowners who may be better off under the existing Save Our Homes structure than a percentage-based exemption, our goal would be to “grandfather” their existing benefit. Although they may not receive a reduction in their current property taxes, they would no longer be trapped in their homes, unable to move. The new larger homestead exemption would allow longstanding homestead owners to move without an excessive higher tax penalty, achieving a great reduction in the inequities created by the Save Our Homes and practical portability.

We may also be able to provide relief to non-homestead property owners through this percentage-based exemption approach as well. Both non-homestead residential properties and commercial and industrial properties could be granted an exemption equal to a percentage of their value and would consequently see property tax savings in addition to those achieved through a statutory roll-back and cap.

Although relief for the taxpayers remains our goal, we should also recognize that this approach will affect local governments differently than our original rollback plan with which you are familiar. Under that plan, local governments which had significant increases in revenues which were not attributable to growth generally experienced the largest cuts. Under this new approach, jurisdictions whose property mix is heavily homestead residential may experience different levels of reductions in property tax revenues as compared to those jurisdictions whose property mix is non-homestead residential, depending ultimately on what percentages are set for the various exemptions.

Having identified conceptual common ground for the basic foundation for a plan, we still have much work to do. Among the remaining goals are providing targeted relief for the elderly poor, affordable housing, and working waterfronts. We will also need to incorporate the revenue and millage cap mechanisms and address the challenges faced by fiscally-constrained counties and cities, school districts, hospital taxing districts, and children’s service councils. We are working daily on these and all the remaining issues in addition to negotiating with the Senate over what level of relief will be provided toFlorida’s taxpayers.

Based on agreement between the Speaker’s office and Senate President’s office, the joint meeting in Tallahassee scheduled for 1:00 on May 21, 2007, will be devoted entirely to a presentation and discussion of the details of the percentage-based exemption methodology and how it may be implemented.

Once that foundation is laid, we will be positioned to address the remaining issues before us. For our meeting on June 4, 2007, we will address the remaining issues (such as relief for the elderly, affordable housing, working waterfronts, protections for critical special districts, etc.) which will allow us to tailor our work product and target those taxpayers who need relief the most while protecting essential government services. Over the coming weeks, I believe we will craft a plan which both chambers and both parties can support but, most importantly, that will provide meaningful property tax relief and reform for the citizens ofFlorida.

Thank you for your time.

Dean Cannon
State Representative
District 35


Business Interests Caution Crist on Property Tax Relief

TALLAHASSEE, Fla.– Leaders of business groups and their lobbyists cautioned Gov. Charlie Crist on Tuesday against shifting more of the tax burden their way in his drive to slash property taxes. They voiced support for property tax cuts but were worried other taxes or fees would be increased to make up for losses. Associated Industries of Florida President Barney Bishop also told Crist the cuts shouldn't be so deep that they harm the ability of cities and counties to provide vital services…
… Florida Restaurant and Lodging Association President Carol Dover said a longtime Key West restaurateur moved from the island city because he couldn't afford to pay employees enough to afford housing.
"Some hoteliers are actually giving up hotel room for employees to live on property,"Dover said.  >> Complete Story

Legislative Wrap-Up

Legislative Topics Acted Upon This Session



Trans Fat Legislation Languishes in Committee

A bill that would require virtually every restaurant in the state to post signs alerting patrons of the dangers of consuming trans fats was workshopped by the House Business Regulation Committee early in the session. When a bill is workshopped like HB 309, sponsored by Representative Joe Gibbons, it means that no votes are taken on the proposed legislation and that the committee only discusses the bill. It also means that the issue is more than likely dead for that session. With the House Bill essentially dead, SB 1628, sponsored by Senator Gwen Margolis no longer had a House companion, which made its passage in the Senate unlikely.

The bill as originally written required that a restaurant which served trans fats, whether artificial or natural, to post a sign that read “Some foods served here contain trans fats. Eating foods with trans fats can increase your risk of stroke and heart attack.” In addition to the standard licensure suspension and revocation language that accompanies posting requirements, the House Bill also called for criminal penalties for those restaurants that do not post a sign.

Upon filing of this legislation, the Florida Restaurant and Lodging Association immediately contacted committee staff as well as the bill sponsor to discuss what we felt were overly burdensome provisions as well as excessive penalties. One of FRLA’s major concerns was that the bill as filed did not differentiate between artificially created trans fats and those that occur naturally in beef, dairy products and lamb. In the practical application of this legislation it would mean a restaurant that served one or more dishes with beef, milk or lamb (or a by-product there of) but that took the necessary steps to remove artificial trans fats from their cooking oils and baking ingredients would still be required to post a trans fat warning sign. Without making exceptions for naturally occurring trans fats the legislation would have established a statewide mandate as opposed to a precautionary posting.

These concerns among others were voiced at the workshop held in the Business Regulation Committee and it was determined by the Chairman that the legislation needed significant revisions before it would be heard by the committee at the earliest next year.

The Florida Restaurant and Lodging Association has maintained staunch opposition politically as well as publicly against posting requirements and any mandate regarding trans fats. We will continue to work to ensure restaurants are able to operate without intrusive government regulations in areas that are best left to the influence of our customers and the free market.


Many Alcohol Issues Wither on Legislative Vine

At the beginning of this year’s session, multiple alcohol related bills were filed that would directly or indirectly affect Florida’s Hospitality Industry. These bills ranged in effect from mandating responsible vendor training as in SB 1956 to the illegal sale or service of an alcoholic beverage as in SB 328. Listed below are all alcohol related bills that did not pass this session but could have negatively impacted our industry.

SB 326 (Posey)
Revises penalty for selling, giving, or serving alcoholic beverages to person under age 21.
SB 328 (Posey)
Restricts vendor's defense to suspension or revocation of license following employee's illegal sale or service of alcoholic beverage.

SB 410 (Posey)
Increases penalty for allowing open house party to take place which involves knowledge of possession or consumption of alcoholic beverages or drugs by minor & failure to prevent such possession or consumption; provides that person is liable for any injury or damage caused by or resulting from unlawful possession or consumption of alcoholic beverages or drugs at open house party

The Senate Regulated Industries Committee released a bill SB 1954, which was a result of the committee’s interim project on underage drinking on college campuses. When the bill was originally draft it contained language that would have required the seizing of false identification, clarified prohibition of minors consuming alcoholic beverages and established legal guidelines for proving intoxication. Through meetings with committee staff and representatives from the beverage industry, provisions that would have negatively affected or placed an unreasonable burden on the industry were removed from the bill. SB 1954 eventually died in the Senate Higher Education Committee.

One bill addressing designated drivers and refusal of service by an establishment did pass this session. HB 169 by Representative Heller and SB 282 by Sen. Fasano stated that a business “may not refuse service to any person solely because the person is not purchasing alcoholic beverages if that person is the designated driver for one or more persons who are purchasing alcoholic beverages at the establishment.”


Guns in the Workplace Fails Once Again in Committee

One of the most controversial bills to face the legislature, failed to make it out of committee for a second straight year. HB 1417, sponsored by Representative Dennis Baxley, pitted the NRA and pro-gun lobby against the united business community. The issue addressed by both HB 1417 and SB 2356, sponsored by Senator Doc Peaden was whether businesses have the right to enact policies that prohibit guns from being brought onto their parking lots in the vehicle of employees or customers. FRLA and the rest of the business community argued that it is the right of a business owner to control their privately owned property and to provide a safe environment for both employees and customers.

The legislation passed through both of its committee assignments in the Senate. In the House, the legislation was assigned to only one committee, the House Environment and Natural Resource Council. This was a critical committee stop for the legislation. If the bill was voted down in the Council then the issue would be dead for this session. However, if it were to pass then the bill would be in position for a floor vote in either house. After two hours of debate and discussion, the House Environment and Natural Resource Council voted 10 to 4 against the bill, ending any chance of the bill passing for this session.

Through the collective efforts of FRLA and the business community, this dangerous and unnecessary piece of legislation was once again defeated. Marion Hammer, the head lobbyist for the gun lobby in Florida, promised to reintroduce the legislation for the 3rd consecutive year. FRLA will continue to lobby against this hazardous and unwarranted piece of legislation that attempts to prohibit Florida restaurants and hotels from providing a safe and secure environment for guests and employees.


Attempts to Repeal of School Year Start Date Defeated in Both Chambers

Last year the Florida Restaurant and Lodging Association was successful in passing legislation that required schools to begin no earlier than 14 days prior to Labor Day. This bill was in response to schools starting classes earlier and earlier in the year eating away at families’ traditional summer vacation. The bill was set to take effect beginning with the 2007-2008 school year. However, before the law could take effect, legislation was filed that sought to repeal the untested law by creating exemptions that would affect nearly every school in the state.

The first attempt at repeal began prior to session as SB 148, filed by Senator Posey, was calendared in the Senate Education Pre K-12 Committee. As the result of a heavy pre-session lobbying effort the bill was initially voted upon unfavorably. However, a motion to reconsider the bill was made and seconded and so the bill would be heard in the next committee meeting. After another week of significant lobbying efforts the motion to reconsider was abandoned and the bill died in committee.

With the issue dead in the Senate, it was assumed that any effort in the House to repeal the school start date language would be abandoned since no Senate companion could exist. However, Representative Dick Kravitz continued with efforts to pass a similar provision in the House. HB 653, which addressed more general education issues but which also contained a section that repealed the school start date law, was calendared in the House Schools and Learning Council. An amendment was filed that removed the school start repeal, and it passed after lengthy discussion and debate. Once again the school start date law was protected from repeal. FRLA continued through the end of session monitoring education bills to ensure that no amendment was filed that would repeal last year’s school start law.

However, an amendment was filed. Representative Kravitz, in a last ditch effort, attempted to attach a late-filed amendment to an unrelated piece of education legislation. FRLA’s lobby team discovered the amendment and was able to block its introduction onto the House floor during the bills second reading. The next day, on the bill’s 3rd and final reading before its eventual passage, Rep. Kravitz once again attempted to amend the bill. After lengthy debate the amendment, requiring a 2/3 vote for passage, failed 75 to 40. With the negative vote on the amendment, the school start date law was preserved and will take effect this coming school year.



Clean Bathroom Bill Stalls in Committee

Legislation that would codify into statute provisions for bathroom cleanliness that already exists in rule and law, failed to pass out of committees in either the House or the Senate. The legislation, SB 1462 in the Senate and HB 619 in the House, as drafted did little to change standards or requirements for the restroom cleanliness in restaurants, and originally the bill did not even effect restaurants regulated under chapter 509 (which is nearly every restaurant in the state). Upon realizing the original legislation’s ineffectiveness, the bill was amended. However, even after changes were made the legislation still did little to alter the regulatory standards that already exist for restaurant restrooms.

FRLA worked with staff behind the scenes to help explain why this legislation was duplicative and unnecessary. After several meetings with Senate staff it became clear that legislation would not continue through the committee process. In the house, the legislation was never calendared for a committee meeting and was never debated. FRLA’s lobby team was again effective in stopping redundant and unnecessary legislation from becoming law.


Civil Liability Reforms Protected

Attempts to undo the landmark civil liability reform of last year’s joint and several repeal was thwarted by joint business efforts. HB 733 sponsored by Representative Needleman and SB 1558 sponsored by Senator Ring, would have repealed the Fabre Doctrine which ensures that jury awards are fair. These bills specify that fault can only be apportioned among the claimant and defendants. This means that attorneys will be able to cherry-pick deep pocketed defendants and force them to pay more than their fair share of damages, even if they are only partly at fault. Those who are mostly to blame for a plaintiff’s injuries would bear no responsibility at all if they are not named in a lawsuit.

The Fabre Doctrine originated with the Florida Supreme Court in a 1993 decision. The Florida Supreme Court said that juries are allowed to fairly apportion fault among all those responsible for a plaintiff’s injuries, including those who are not parties to a lawsuit. The Fabre Doctine says that fault may be apportioned among everyone who may be responsible for an injury, even if they are not defendants. It was codified in 1999 by the Florida Legislature.

The Fabre Doctrine ensures that jury awards are fair. When a jury determines responsibility for damages, it should be allowed to apportion fault among all those responsible — defendants, plaintiffs, and any others, whether named in the lawsuit or not. Without the Fabre Doctrine, plaintiffs and their attorneys would be able to force those least responsible to pay a disproportionate share of damages.

While committees in either chamber favorably passed the legislation, both bills had two remaining committee stops with no meetings left on the agenda. With no remaining committee meetings at which the bills could be heard, both pieces of legislation died on the calendar. Through communication with leadership, FRLA and the business community were once again successful in protecting businesses against the establishment of unfair legal doctrines.


Private Property Protection Bill, Passes Awaits Governor’s Signature

Legislation that would codify in law the right of a business owner to remove persons from their property that are participating in activities of supporting or opposing constitutional initiatives passed the House unanimously. HB 559, sponsored by Representative Don Brown and SB 1920, sponsored by Senator Mike Fasano were both important steps in the march towards meaningful constitutional reform. In the past, many police officers have been hesitant to remove petition gathers from private property when asked by the property owner, especially when that property is held open to the public for commercial use. The purpose of the bill was to clarify the right of a business owner to remove persons that are collecting, supporting or opposing petitions on their property, regardless of the fact that that property may be held open to the public for commercial purposes.

This is one of several approaches be undertaken this session to reign in the constitutional initiative process, which has emerged as an end around the legislative process. Special interest groups that are unsuccessful at pushing their issues through the purposefully deliberative legislative process have instead begun to pour millions of dollars into the constitutional initiative process. These groups often employ paid petition gatherers that frequently collect petitions on the private property of businesses regardless of whether or not that business supports the amendment in question.

FRLA believes that no business owner should be forced to allow a special interest group to use their privately owned property to collect petitions that they disagree with. This bill is an important step in establishing prudent and reasonable standards for the collection of signatures for constitutional initiative.


Gift Card Reforms Pass House and Senate Unanimously

Legislation that would ensure that the unclaimed value of gift cards would not escheat to the state passed both chambers in the last week of Session. HB 1259, sponsored by Representative Michael Grant and SB 1638, sponsored by Senator Lee Constantine were both heavily amended as they made their way through the legislative process.

Initially the bills were drafted in a straightforward manner. First, the bills ensured that the unclaimed value of gift cards and certificates would not escheat to the state. Second, the legislation would have prohibited expiration dates and dormancy fees on the cards. There were some concerns that existed with the original bills, and so amendments were adopted to address those concerns. For example, exceptions were made for expiration dates in certain circumstances; such as when the cards are given away for charitable purposes, are a part of an employee or customer incentives program, or are a part of a package deal associated with an event with a limited duration. Exceptions were made for banking or financial institutions.

Although this legislation went through many variations on its way to final passage, the key goals initially sought by this bill were still achieved; the value of unclaimed gift cards will not escheat to the state. This allows restaurants and hotels to write off the financial liability of the value of unclaimed gift cards after a set period of time without having to remit that value to the state.


Reasonable Carbon Monoxide Detectors Legislation Passes

After several tragic deaths in Florida this past year, as a result of carbon monoxide poisoning, it was clear that legislation would be filed to address the issue. In all, four separate bills were filed, all with different intents and purposes. Two of the four bills originally addressed only carbon monoxide detectors in residential dwellings, SB 1822 Sen. Garcia and HB 483 Rep. Gonzalez, while the other legislation addressed public lodging establishments SB 1840 Sen. Justice and HB 1303 Rep. Saunders.

FRLA met with bill sponsors to sift through some of the hospitality industry’s concerns. It was determined early on that Rep. Saunders legislation was the most pragmatic of the four, in that it required detectors be placed only in rooms where boilers or other carbon monoxide producing machinery exist. Rep. Saunders and FRLA worked with Sen. Justice who filed a companion bill in the Senate, to ensure that reasonable approach taken in HB 1303 was incorporated into SB 1840. With both bills that specifically addressed lodging establishments amended to reflect the sensible language desired by FRLA, we continued to monitor the “residential” CO2 legislation.

Midway through session, the bills that originally were drafted to address detectors in residential dwellings were amended to include public lodging establishments. After several committee meetings the residential bills were amended to reflect the preferable language that had been worked out with the previous sponsors. Several more amendments were added to clarify definitions in the bill and ensure that the bill spoke only to placing detectors in boilers rooms. At this point in the legislative process, the bill required that all new construction include the instillation of carbon monoxide detectors within 10 feet of sleeping rooms. This last section of the bill would not take effect until July 1, 2008 and discussions have been held with the sponsors about clarifying this particular provision before its effective date.

Eventually all bills contained matching language and in the last days of session SB 1822 was placed on the special order calendar and eventually passed out of both chambers.


Constitutional Initiative Reforms Sent to Governor for Signature

SB 900, sponsored by Sen. Bill Posey and HB 7009, sponsored by Rep. Dean Cannon, that address the petition gathering process for constitutional amendments passed the Senate. The bill as originally drafted established the following requirements and standards to ensure the validity of the process.

  • A requirement that paid signature gatherers wear a badge saying they are getting paid
  • A ban on paying gatherers per signature
  • A requirement that signatures be turned in and verified every 30 days
  • A provision that allows people to remove their signature after they sign a petition
  • A provision that allows private property owners to prohibit signature gathering on their property


However, the Senate bill in its final committee stop was stripped of these measures and was sent to the Senate floor containing only a provision that would allow voters to remove their signature from a petition after signing. The bill passed the Senate and was sent to the House where the more specific and desirable language was added back to the bill. The bill as amended was sent to the Senate where they refused to concur with the bill as amended and asked that the house recede their amendments. The house rescinded their amendment and passed the bill lacking the above outlined provisions. As passed, the bill simply allows a voter to remove their signature if so desired.


Pro-Start and LMP Legislation Passes Legislature Unanimously

Legislation that would help to streamline funding for FRLA’s Pro-Start Program passed the House and Senate unanimously in the last week of session. HB 419, sponsored by FRLA’s own Rep. Jimmy Patronis and SB 2484 sponsored by Senator Mike Haridopolos helped ensure FRLA’s Pro-Start and LMP programs that help train the future leaders of Florida’s hospitality industry. No piece of legislation emerges from the process in the same form that it enters, and this bill was no exception.

Through the hard work of Rep. Patronis, the legislation successfully navigated through the committee process where concessions were made and agreements reached to assuage concerns held by interested parties. In the end, after amendments were added the legislation sailed through both chambers with only two days remaining in session.

Once signed into law this bill will help ensure that students involved in FRLA’s Pro-Start and LMP educational programs will have access to the resource that they need to succeed. The bill will also help alleviate and ease some of the financial and bureaucratic restrictions and will allow FRLA greater flexibility in our administration of this terrific educational opportunity.


Federal Minimum Wage Increase

The House and Senate approved the minimum wage/tax package as part of the Iraq War Supplemental (H.R. 2206). The President is expected to sign the legislation very soon. Late Thursday, the House voted 348-73 to add to theIraq bill a broad package of domestic spending that included the minimum wage, as well as drought relief for farmers, natural disaster relief, and Gulf Coast recovery aid. The Senate then voted 80-14 on the combined Iraq/minimum wage/domestic spending package.

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Questions and Answers Regarding the Repeal of Surcharge

NOTICE: SURCHARGE REPEAL

Last year the Legislature and the Governor approved the repeal of the surcharge placed on alcoholic beverages sold for consumption on premises. The repeal takes effect on July 1, 2007. You will not have to file any more of the surcharge reports after the June 2007 report. The June reports are due on or before July 16, 2007.

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GOVERNMENTAL AFFAIRS

Corporate Tax Fix Passes

House takes up HB 459, which fixes an oversight enacted last year that penalizes corporations that take advantage of a 2008 federal stimulus provision that allows them to accelerate depreciation on capital assets. The fix allows corporations to take advantage of the depreciation over a seven-year period, reducing the immediate financial impact on the state. House substitutes SB 1112 for house measure and passes it 116-0. Bill now travels to governor.
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