WEEK 4 REPORT // 2020 LEGISLATIVE SESSION + MARINE INDUSTRIES ASSOCIATION OF FLORIDA FEBRUARY 3-7, 2020 2020 LEGISLATIVE SESSION // WEEK 4 REPORT CONTENTS We have completed four weeks of the 2020 Legislative SB 606 // HB 417 Session. We are almost to the halfway mark, and tensions Anchoring Limitation Areas are starting to build. We are quickly approaching the time where bills begin to die in committees because there simply is not enough time on the calendar to get SB 826 // HB 1329 them through all their committee references. However, this is the time of year we must pay close attention to the Marina Evacuations amendatory process, as language can be added to vehicles in committees or the floor. Things are just starting to heat up, and we will do our best to keep you posted as issues SB 1450 // HB 1091 arise. Towing and Immobilizing of Vehicles and Vessels Marina evacuations is a bill we will continue to watch closely. The language MIAF championed is still in statute 327.59. The language proposed has been SB 1378 // HB 1407 negotiated by the sponsor and Boat US. We anticipate Anchoring and Mooring of Vessels negotiated amendments to the Senate Bill and to the Outside of Public Mooring Fields House Transportation package that contains the marina evacuation language. As of the writing of this report, the Senate bill is not on an agenda and an amendment has SB 1360 // HB 1067 not been filed yet to the Senate Transportation bill up in Florida Endangered and the Senate Committee this week. However, House Bill 395 Threatened Species Act regarding Transportation is up in the House this week in committee and is filed. The language filed is the final negotiated language by Boat US. SB 1414 // HB 777 Fish and Wildlife Activities Another bill of interest we are following is House Bill 1199, relating to Environmental Protection. This bill prohibits local governments from granting legal rights to natural SB 1786 environments. HB 1199 passed in committee this week 12- Vessel Safety 0. The bill is not in the last committee stop. The Senate companion, CS/SB 1382 has passed one committee and SB 1788 has two more to pass before it hits the floor for final passage. The Senate bill is comparable to the House bill. Boating-restricted Areas SB 606 regarding Anchoring Limitation Areas did not SB 1878 make the Senate Community Affairs agenda this week. Environmental Protection The House companion, HB 417 has not been heard in its first committee of reference as of the writing of this report. SB 712 Water Quality Improvements As reported last week, SB 1378 regarding Vessels by Senator Rouson is scheduled to heard in the Senate Environment and Natural Resources meeting. The bill SB 1382 // HB 1199 has a strike everything amendment. We anticipate Environmental Resource more changes to the amendment as it moves through Management the process. The House companion has yet to be heard in the first committee of reference as of the writing of this report. However, the bill will be available to be amended on another package in the Senate if it passes its first committee of reference. Finally, the Senate and House debated their proposed budget in their respective Appropriations Committees this week. Several amendments were adopted to each respective budgets. None of the marine/boating line items were amended. The Senate and the Florida House of Representatives will be taking up their budget proposals this week on the floor. We anticipate more amendments and debate to set up the impending budget conference. Remember, Florida is required to pass a balanced budget every year. As a reminder, a few of the budget items we are watching for MIAF are included at the end of the report. That is just a brief summary for your review. We have highlighted several other bills you might be interested in the report. We have also attached a list of all the bills we are tracking for your information. Many of those bills are tagged so we can review potential filed amendments. We appreciate the opportunity to be your voice in Tallahassee! Margaret “Missy” Timmins President Timmins Consulting, LLC // 3 // ISSUES // ANCHORING LIMITATION AREAS Senate Bill 606 // Sen. Aaron Bean // Referred to: Environment and Natural Resources; Community Affairs; Rules House Bill 417 // Rep. Wyman Duggan // Referred to: Agriculture & Natural Resources Subcommittee; Agriculture & Natural Resources Appropriations Subcommittee; State Affairs Committee HOUSE/SENATE BILL RELATIONSHIP: IDENTICAL CS/Senate Bill 606: SB 606 adds the Ortega and Cedar rivers to the list of designated anchoring limitation areas, which restricts the anchoring of a vessel in such areas at night with certain exceptions. Most Recent Action: Favorable with CS by Environment and Natural Resources; 3 Yeas, 2 Nays House Bill 417: HB 417 adds the Ortega and Cedar rivers to the list of designated anchoring limitation areas, which restricts the anchoring of a vessel in such areas at night with certain exceptions. Most Recent Action: Referred to Agriculture & Natural Resources Subcommittee; Agriculture & Natural Resources Appropriations Subcommittee; State Affairs Committee // MARINA EVACUATIONS Senate Bill 826 // Sen. Debbie Mayfield // Referred to: Environment and Natural Resources; Infrastructure and Security; Rules House Bill 475 // Rep. Rene Plasencia // Referred to: Agriculture & Natural Resources Subcommittee; Agriculture & Natural Resources Appropriations Subcommittee; State Affairs Committee House Bill 395 // Rep. Alex Andrade // Referred to: Transportation & Infrastructure Subcommittee; Transportation & Tourism Appropriations Subcommittee; State Affairs Committee 826/475 RELATIONSHIP: IDENTICAL 826/395 RELATIONSHIP: COMPARE // 4 // ISSUES Senate Bill 826: CS/SB 826 prohibits, upon the issuance of a hurricane watch that affects the waters of marinas located in a deepwater seaport, vessels under 500 gross tons from remaining in the waters of such marinas that have been deemed not suitable for refuge during a hurricane. The bill requires that vessel owners promptly remove their vessels from the waterways upon issuance of an evacuation order by the deepwater seaport. If the Coast Guard Captain of the Port sets the port condition to “Yankee” and a vessel owner has failed to remove his or her vessel from the waterway, a marina owner, operator, employee, or agent, is required to remove the vessel, if reasonable, from its slip. The marina owner may charge the vessel owner a reasonable fee for the service of removing the vessel. The bill provides that a marina owner, operator, employee, or agent may not be held liable for any damage incurred to the vessel from a hurricane and is held harmless from removing the vessel from the waterways. However, the bill does not provide immunity to the marina owner, operator, employee, or agent for any damage caused by intentional acts or negligence when removing a vessel. The bill provides that after a watch has been issued, if an owner or operator has not removed the vessel pursuant to an order from the seaport, the owner or operator may be subject to existing civil penalties. Most Recent Action: Favorable with CS by Environment and Natural Resources; 5 Yeas, 0 Nays House Bill 1329: Prohibits vessels under specified weight from remaining in certain marinas that have been deemed not suitable for refuge during hurricane after issuance of hurricane watch or warning for waters of marina; provides for civil penalties. Most Recent Action: Referred to Agriculture & Natural Resources Subcommittee; Agriculture & Natural Resources Appropriations Subcommittee; State Affairs Committee CS/House Bill 395: The bill amends various statutory provisions relating to transportation. In summary, the bill: • Revises the statutory definition of autocycle to incorporate a reference to federal safety standards; • Increases the allowable weight of personal delivery devices; • Authorizes portable radar speed display units to display flashing red and blue lights under certain circumstances; • Allows the use of flashing lights on vehicles during periods of extreme low visibility on specified roads; • Authorizes the Department of Highway Safety and Motor Vehicles to waive commercial driver license skill test requirements for qualifying veterans; // 5 // ISSUES • Revises requirements governing the use of tarpaulins and other covers on vehicles hauling agricultural products; • Authorizes for-hire vehicles to be insured by certain non-admitted carriers and reduces the number of for hire vehicles required before an owner or lessee may self-insure; • Requires certain vessels to be removed from marinas located in deepwater seaports during hurricanes; • Revises qualification requirements for contractors desiring to bid on certain Department of Transportation contracts, including the submission of specified financial statements; and • Establishes a regulatory framework governing the operation of disability-accessible transportation network companies and preempts regulation of such companies to the state. The bill may have a fiscal impact on the Department of Financial Services due to the authorization of disabilityaccessible transportation network companies. Local governments currently imposing fees on disabilityaccessible transportation network companies may see a reduction in revenues associated with the preemption of such regulation to the state. See Fiscal Analysis for details. Most Recent Action: On Committee agenda - Transportation & Tourism Appropriations Subcommittee, 02/10/20, 1:30 pm Attached documents: CS/SB 826 + staff