Cutting taxes on businesses and stopping threats to burden entrepreneurs are the main focus of NFIB/Florida's 2015 legislative priorities for small-business owners, according to a list released Friday in Tallahassee.
"Our priorities reflect the wishes of our members," said Bill Herrle, executive director of the National Federation of Independent Business' Florida arm.
NFIB is taking a position on legislation that falls under a number of traditional areas of concern for small-business owners: taxes, health care, tort reform, regulatory reform, government intrusions and fiscal policy.
Herrle said the organization is focused this year on making a difference in the lives of small-business owners, and showing aspiring owners outside the state that just as Gov. Rick Scott preaches, Florida is the best place to own, operate and grow a small business.
He explained that NFIB has a number of opportunities to do that this year, through business tax cuts and tort reform, "but we also face some legislative challenges that threaten business owners'? abilities to make the decisions that keep them competitive and growing."
The biggest obstacle to owners, he said, is the sales tax on commercial leases. Floridabusinesses pay about $1.4 billion a year in sales taxes on their rent payments. In fact, the Sunshine Stateis one of only three states in the country that imposes sales tax on commercial rent.
Often, for liability purposes, he said, a business will set up two legal entities -- an operating entity and a real estate holding entity. Even if ownership is the same, sales tax is due on any rental payments made from the operating entity to the real estate holding company.
"That's a killer for our small-business owners," Herrle said, "and I think if I were to identify a top priority this year, it would be fixing the commercial lease sales tax problem."
Herrle said the organization's focus on Main Street includes promoting a bill that would make Florida first in the nation to make Small Business Saturday a tax-free holiday for small businesses.
"For the last several years the Saturday after Black Friday has been a day shoppers are encouraged to shop local and shop small, where they can get personal service in a less frenetic atmosphere," he said.
"But a bill in committee now would give the patrons of those businesses a tax-free Saturday," he said. Tax-free shopping would apply only in businesses that bring in less than $3 million taxable business. (This coming week the Senate Commerce and Tourism Committee will consider a proposal, SB 384, filed by Sen. Rene Garcia, R-Hialeah.)
"There are some bills we're watching -- bills we're a little concerned about because of their impact on our members," Herrle said. "But we'll be working with the sponsors of that legislation" to tweak it before it gets to the floor.
Here is NFIB/Florida's ?priorities list as released Friday:
TAXES
Reducing Sales Tax on Commercial Leases
NFIB/Florida supports efforts to reduce and eliminate sales tax on commercial rents in a manner that assures small-business owners benefit from the tax reduction.
Manufacturing Sales Tax Exemptions
NFIB/Florida supports making the manufacturing equipment sales tax exemption permanent.
Small Business Saturday Sales Tax Holiday
NFIB/Florida supports making Small Business Saturday a sales tax holiday.
Increasing Corporate Income Tax Exemptions
NFIB/Florida supports efforts to eliminate the corporate income tax.
Reducing Communications Services Taxes
NFIB/Florida supports reducing communications services taxes on small businesses and consumers.
HEALTH CARE
Medicaid Expansion
NFIB/Florida opposes any plan that relies on federal funds to expand Medicaid in Florida.
Direct Primary Care
NFIB/Florida supports legislation to clarify that direct primary care arrangements are not classified as health insurance to allow more physicians to offer these discounted services to business owners.
TORT REFORM
Bad Faith
NFIB/Florida supports legislation to limit the practice of suing for "bad faith,"? where the intent of the plaintiff?'s attorney is to cancel policy limits.
Accuracy in Medical Damages
NFIB/Florida supports legislation that allows juries to see medical expenses actually paid by plaintiffs and their insurers when awarding compensation in medical damages cases.
NFIB/Florida supports reforms that allow defendants in medical damages tort cases to challenge the need for unnecessary medical treatments without a de-facto admission of guilt for medical malpractice.
REGULATORY REFORM
Craft Breweries
NFIB/Florida supports allowing the craft brew industry to bottle their product in industry-standard sized bottles.
Ride-Sharing Services
NFIB/Florida supports state pre-emption of local regulations that only serve as barriers to entry for new business owners in ride-sharing services.
Independent Liquor Stores
NFIB/Florida opposes efforts to give mega retailers a competitive advantage over small, independent liquor retailers.
GOVERNMENT INTRUSIONS INTO PRIVATE-SECTOR EMPLOYMENT CONTRACTS
Minimum Wage
NFIB/Florida opposes efforts to artificially raise the minimum wage.
Prohibiting Employers from Inquiring about Applicant?s' Criminal History
NFIB/Florida opposes efforts to shield an applicant'?s violent criminal history from a prospective employer prior to a face-to-face interview.
Social Media Privacy
NFIB/Florida opposes efforts to increase small-business liability exposure to frivolous lawsuits by imposing prohibitions on employers relating to employees'? or prospective employees'? social media accounts.
Creating a New Protected Class for Sexual Orientation and Gender Identity
NFIB/Florida opposes the creation of a new protected class for sexual orientation and gender identity where there are no protections for employers from frivolous lawsuits.
SOUND FISCAL POLICY
Local Pension Reforms
NFIB/Florida supports a comprehensive approach to police and fire pension reform that controls the costs of municipal pension plans while ensuring the long-term sustainability and financial security of taxpayers and the public safety employees.
NFIB describes itself as the nation?'s leading small-business association, with offices in Washington, D.C., and all 50 states. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small and independent business owners a voice in shaping the public policy issues that affect their business.
Reach Nancy Smith at nsmith@sunshinestatenews.com or at 228-282-2423. Twitter: @NancyLBSmith
