Reinstated Workers' Compensation Attorney Fee Limitation
Recent NFIB/Florida victories:
Reinstated Workers' Compensation Attorney Fee Limitation
NFIB/Florida's top priority of the 2009 Legislative Session, Governor Crist signed HB 903 on May 29, 2009. The law reinstates the limitation on plaintiff attorney fees struck down by the Florida Supreme Court in October 2008. The cap on fees was largely considered responsible for a 60-percent reduction in workers' compensation premiums from 2003-2008. On June 4, Insurance Commissioner Kevin McCarty approved repeal of the 6.4 percent premium increase enacted because of the Supreme Court decision that became effective April 1, 2009.
Defeated Plan to Permanently Expand Unemployment Eligibility
SB 516 would have expanded unemployment compensation eligibility to claimants providing "good cause" for leaving employment including spousal relocation, illness/disability of an immediate family member, domestic violence, etc. The bill would have also required the use of an "alternative base period" when calculating benefits, a period using the last four completed quarters of employment. Use of this period would allow claimants to provide wage data via affidavit for the last completed quarter if not yet reported by the employer, and require the employer to verify/refute the claimant's statement within 10 days.
Defeated Services Tax Proposal
The Florida Tax and Budget Reform Commission put forward Amendment 5 for a statewide citizen vote in the November 2008 election. The amendment would have replaced about 30 percent of our property taxes with a 1 percent increase in our general sales tax plus up to $8 billion in new Sales Tax on Services (labor). Citizens would have paid more for haircuts, pest control, accounting, legal fees, etc. NFIB and other groups filed a successful court challenge to remove the amendment from the ballot.
Passed $25,000 Tangible Personal Property Tax Exemption
The tangible personal property tax is a tax on all office supplies and equipment at businesses that must be calculated every year. The tax is a paperwork hassle and forces businesses to pay every year on the same equipment. NFIB/Florida led the charge to exempt the first $25,000 of property subject to the tax. Our average members will save from $300 to $600, and after filing an affidavit with the state, nearly 1 million businesses with less than $25,000 will no longer be required to file a return.
Rolled back property taxes
We fought to reform the state's property-tax system and won a new law that includes a mandatory rollback of up to 9 percent depending on the jurisdiction, and a property-tax revenue cap tied to the annual percentage increase in personal income. The property-tax revenue cap may be exceeded by a supermajority vote of a local government’s governing board.
Repealed joint and several liability, helping eliminate frivolous lawsuits
The long sought goal of repealing joint and several liability has been accomplished with the passage of HB 145, which took effect April 26, 2006. The new law requires that a defendant in a civil lawsuit pay only those damages for which he or she is responsible. It is a major step forward in the fight to end abusive, frivolous claims by trial lawyers against members of the business community.
Protected private property rights by restricting eminent domain powers
Over strong opposition, a bill passed ending the government's ability to take property under eminent domain and resell it to another private entity for economic development purposes. NFIB took the lead on this issue for the dozens of small businesses who were being forced to sell their property by cities and counties abusing their eminent domain authority. This fall, Floridians will vote on a proposed amendment to Florida's Constitution that would require a three-fifths vote of the Legislature in order to change the eminent domain law passed this year.
Eliminated intangible property tax
A bill repealing recurring taxes imposed on stocks, bonds, notes and other intangible personal property will take effect Jan. 1, 2007, meaning all taxes imposed for calendar year 2006 and prior remain in effect.
Defeated health insurance mandates, keeping premiums down
In 2006, proposals for mandated coverage of autism and cystic fibrosis and strong attempts to place an amendment on a bill during the last week of session requiring "mental health parity," were defeated. Research indicates that mandates raises the cost of a health insurance policy between 5 percent and 20 percent. Florida currently has 51 mandated coverages. With many small businesses facing the prospect of reducing or eliminating coverage for themselves and their employees, Florida can ill-afford more.
Past victories still bringing savings to your business:
2003
Workers' Compensation: After months of hard work from all involved, NFIB helped pass a comprehensive overhaul of the workers' compensation insurance system in Florida. NFIB worked hard to ensure that the rights of small business and employers were represented and protected, and stands behind the legislation
Unemployment Compensation: NFIB was instrumental in defeating a bill that would have extended unemployment compensation benefits for certain leaves of absence such as giving birth to or adopting a child. NFIB also worked hard to defeat "alternative base" legislation which would have increased the regulatory burden on small business by requiring the filing of duplicative information concerning employee wage data.
Living Wage: NFIB was an integral part of a broad-based coalition formed to stop the living wage movement from gaining a foothold in Florida. We were successful in our efforts, ensuring that small businesses will not be forced to pay employees any wage greater than the minimum wage -- provided they are not contracted with cities or counties who have adopted living wage referendums.
2002:
Defeated Service Tax: Thanks in part to NFIB's Florida members, Senate President John McKay (R-Bradenton) was defeated in his 2002 attempt to reform Florida's tax structure by placing the burden on the back of small businesses through a service tax.
Tort Reform: NFIB is playing a prominent role in defending the passage of last year's tort reform laws. Responding to the trial lawyers' challenge of the law's constitutionality, NFIB is leading the Tort Reform Legal Defense Fund in an effort to protect the interest of small businesses affected by the laws.
2000:
Eliminated the Supplemental Sales Tax Dealer Registration Fee -- a $ 25 or $50 fee businesses paid to the state for the privilege of collecting sales tax. In addition, NFIB defeated a proposal in Florida to allow unemployment benefits to be extended to victims of domestic violence.
1999:
NFIB scored two important victories in 1999. NFIB passed a comprehensive civil justice reform package limiting frivolous lawsuits and reduced the audit period for businesses by the Florida Department of Revenue from five years to three.
1998:
Eliminated the intangible tax on accounts receivable and fought and defeated mental health parity: an expensive health care mandate.
1997:
Cut businesses unemployment taxes for the first time in Florida's history.
1996:
Fought and lowered the annual corporate filing fee and increased the service charges a business may charge for worthless checks.
