TALLAHASSEE – The Florida Restaurant and Lodging Association (FRLA) has released its legislative summary report highlighting bills that were passed and signed into law during the 2021 Florida legislative session that affect the restaurant and lodging industry.
“After COVID-19 brought one of the darkest years for Florida’s hospitality and tourism industry, this year’s legislative session has given us some light and hope for the future as we continue to rebuild this great industry. Ensuring that businesses and their teams are protected from job-killing nuisance lawsuits, allowing them to continue their safe operations of alcohol-to-go which kept so many alive, and obtaining essential funding for Florida’s critical marketing organization – VISIT Florida – are all huge victories for us,” FRLA president and CEO Carol Dover said, calling the 2021 session a huge success.
One piece of legislation of particular interest to Anna Maria Island restaurant owners is the alcohol-to-go regulation. During the pandemic, Gov. Ron DeSantis issued an executive order permitting what is known as alcohol-to-go. This change in regulation allowed many Island restaurants to supplement their revenue through the sale of alcoholic beverages to accompany take-out food orders. According to the FRLA, this was not only an important lifeline for struggling businesses, but also demonstrated that some of the existing regulations surrounding alcohol were antiquated and no longer necessary. The change is now signed into law, and alcohol-to-go is not going anywhere.
COVID-19 liability protection was also passed and signed into law during this year’s session. The legislation states that if a business demonstrates a good faith effort to comply with existing rules, regulations and guidance regarding COVID-19 safety and sanitation, the business is immune from liability. The law is meant to protect Florida businesses from meritless lawsuits.
If a business is found to have not made a good faith effort to comply with existing guidance and regulations in order to protect the establishment, its employees and its customers, then a lawsuit against the business could move forward. If the lawsuit proceeds, the plaintiff would have to prove by clear and convincing evidence that the business acted with gross negligence.
Tourism revitalization was another big issue during the legislative session. The House and Senate negotiated and came to an agreement for funding VISIT Florida, a marketing group that encourages out-of-state tourists to come to Florida for vacation.
Critics, especially many top House Democrats, have argued that beaches, theme parks, and great weather draw tourists here in huge numbers, and the funding simply isn’t necessary.
Despite opposition, $50 million in state funding for VISIT Florida was granted, as well as another $25 million in federal funding.
