- Yann Salomon
PENDING LEGISLATION THAT MIGHT AFFECT YOUR BUSINESS
Last month, a flock of lobbyist pushed to have an exhaustive list of bills passed that could either work to your benefit or detriment, depending on your industry. Except as otherwise expressly provided, the majority of those bills (listed below) will come into effect as of July 2021.
CS/CS/HB 15 – [Taxation]: Marketplace providers & persons located outside FL will be required to remit discretionary sales surtax. This bill will use taxation of remote sales in lieu of taxation of mail order sales, provided entities making remote sales are dealers for sales & use taxes. Entities are quired to collect & remit additional fees at time of sale. Marketplace providers & sellers are authorized to agree that marketplace sellers may collect taxes & fees. In the event that a person be liable for taxes, penalized, & accrue interest on remote sales, said person will obtain relief. Lastly, Alternative method to calculate unemployment contribution in specified years will be provided and funds will be deposited in an Unemployment Compensation Trust Fund.
CS/HB 35 – [Legal Notices]: Provides for website publication of legal notices with a criterion for such publication. Fiscally constrained counties have been authorized to use publicly accessible website to publish legally required advertisements & public notices; As such, government agencies are required to provide specified notice to residents concerning alternative methods of receiving legal notices.
HB 45 – [Retail Sale of Domestic Dogs and Cats]: Pet stores are prohibited from selling or offering for sale domestic dogs & cats; and will receive a penalty otherwise.
CS/CS/SB 46 – [ Craft Distilleries]: Under certain circumstances, craft distilleries will be authorized to be licensed as specified vendors; however, certain alcoholic beverages will be required to be obtained through a licensed distributor. Unless the aforementioned requirements are met, a distillery will be prohibited from operating. Furthermore, there can now be a common ownership in a craft distillery between multiple people; and a certain percentage the craft distillery’s total finished branded product must be distilled in the state and contain one or more agricultural products of Florida, after a specified date.
CS/CS/SB 50 – [ Taxation]: “Retail sale” has been revised to include sales facilitated through a marketplace. Marketplace providers & persons located outside FL will be required to remit discretionary sales surtax when delivering tangible personal property to a county imposing a surtax. A marketplace seller, under certain circumstances, is liable for sales tax collection, rather than the marketplace provider. Certain amounts of funds will be deposited in an Unemployment Compensation Trust Fund.
CS/SB 72 – [ A bill to be entitled]: This bill establishes new barriers to lawsuits related to COVID-19. While this Bill does not exempt them from lawsuit altogether, it is intended to put Florida Business at ease and give clarity as to the good faith effort required of them in order to avoid potential frivolous lawsuits. [see "Limiting Businesses' Liability through Good Faith Compliance with COVID-19 Guidance"].
Do not hesitate to contact us at email@example.com or by phone (954) 451-0792 if you have any questions or doubts as to how these laws may affect your business.