News Flash

External Affairs Bulletin

 January and February 2012

1/24 NFHLA External Affairs: Tourism Lobby Day Recap
Distributed to: ALL members, hotel and allied

January 18, 2012 was Florida Tourism Day at our Capital, and NFHLA had great representation from Richard Goldman (St. John's County TDC), Gil Langley (Nassau County TDC), David Reese (Florida's First Coast of Golf), David Mariotti (Past NFHLA President), and Paul Eckert (Current NFHLA President).  As the day started, the Senate was scheduled to be in session, which ended up being cancelled, providing further accessibility to the legislators.  As the FRLA meeting commenced in preparation for the targeted approach of the afternoon, there were two primary topics of discussion among the multiple issues the collective team were going to lobby.  Destination Casino Resorts/expansion of gambling in the state of Florida occupied a fair amount of the allocated time, and for the second year in a row, the Online Travel Issue was brewing.
 

While the FRLA had great deployment to tackle lobbying for these two issues, there were several teams assembled to also represent Unemployment Compensation, Minimum Wage, and Worker's Compensation.  As the NFHLA representatives learned in the early afternoon, the Online Travel Issue was moving very quickly, in fact the senate bill (SB 1888) from Senator Gardiner, and the house bill (HB 1393) from Representative Brodeur moved to committee assignment while we were on the capital.  With this being the primary issue that the NFHLA opposed in 2011, the team dedicated its afternoon to lobbying to all that could be accessed regarding the negative impact this will have on our "playing field" and long-term potential impact on tourism jobs.

Representatives were successful in meeting with Senator Thrasher in the morning, Representative Renuart following lunch, Representative Adkins, and Senator Wise.  As the day progressed we learned that the Commerce & Tourism committee was the next stop for the OTA Bill.  This committee is comprised of only six Senators, with the Chairman being Senator Nancy Detert, and Vice Chairman Senator Paula Dockery.  While we attempted on numerous times to catch these Senators, we were only successful in speaking to their staff or dropping materials off.  The team was successful in learning that the committee had a Staff Director that we needed to track down, which we literally did at 4:45 p.m.

We had a successful meeting with Jennifer Hrdlicka (staff director of Senate Commerce and Tourism Committee) to review the OTA bill, the impact it will have on our industry, the potential long term impacts, and our opposition.  Since that meeting, the fiscal impact of the bill for Duval, St. John's, and Nassau counties has been sent to her as a follow-up.  If the bill proceeds through the Commerce and Tourism committee, it will next land in the Budget Committee for final approval prior to being thrown on the floor for vote.

Conservatively estimated (see attached documents), combined, the three counties lost $1.6 million in sales and local tourist development taxes.

We need everyone in the association to reach out to your respective Senator or Representative to voice your opposition to the Senate Bill 1888, as well as to contact Senator Nance Detert at detert.nancy.web@flsenate.gov or (941) 480-3547, or Senator Paula Dockery at dockery.paula.web@flsenate.gov or (863) 413-2900.

This bill is moving fast and we need to educate everyone on the issues! 


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1/25 NFHLA External Affairs: Urgent Advocacy Needed on HB 1393
Distributed to: ALL members, hotel and allied

This email is to follow up with additional information to share with Representatives to oppose HB 1393.  To receive a sample message provided by St. Johns VCB, contact Nicole. 

We need you to call and/or email House Finance and Tax Committee members before noon tomorrow (Thurs, Jan. 26) with your take on how exempting Online Travel Companies from paying taxes for the retail value of the rooms they sell will impact your business. (They need to know that the OTCs will not stop selling our rooms even if they collect and remit the appropriate taxes…after all, many of us have different wholesale rates and still they sell our product, if the end user wants our rooms, they will still buy them from OTCs or us.)  

We've attached two forms of talking points.  Don't worry about writing a long email to give lawmakers all the facts, just let them know that you oppose House Bill 1393.  

For more information please contact Nicole Trueblood, nfhla@northfloridalodging.com.

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1/31 NFHLA External Affairs: Article on Hotel Tax Dispute
Distributed to: ALL members, hotel and allied

Online Travel Companies Will Pay Nearly $2 million to Palm Beach County in Settlement of Hotel Tax Dispute
 
Jan. 31, 2012--Palm Beach County reached a settlement with online travel companies including Expedia to pay nearly $2 million in a dispute over taxes on hotel stays, a top official announced Monday.

The county had sued the online companies in 2009 to pay "bed tax" on the higher retail value that customers pay for hotel rooms, not the lower wholesale value that the companies pay to hotels.

The settlement does not change the way the companies compute their taxes, and the companies admit no liability for tax payments, the Palm Beach County official said.
The Florida Legislature continues to debate how online companies should compute the tax. Other counties, including Broward, have similar suits pending against the Internet companies.
Anne Gannon, constitutional tax collector for Palm Beach County, said the settlement represents 100 percent of the bed tax difference owed the county through 2011, plus 2 percent interest.

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2/3 NFHLA External Affairs: ADA Pool Lift Interpretation
Distributed to: hotel member only

After months of pressure from AH&LA, the Department of Justice (DOJ) yesterday issued a burdensome interpretation of when and how lifts need to be installed at swimming pools under the Americans with Disabilities Act (ADA).

Although the DOJ did not specifically address spas, the principles set forth in the DOJ guidance could apply to spas as well.

What you need to know
• Lifts need to be available and in position at each pool at all times when a pool is open to the public. 
• Only “fixed” lifts are acceptable, unless a hotel can demonstrate that installing such a lift is not readily achievable**.  
• For pools owned by state and local governments, sharing lifts between two pools is not allowed, unless the entity can show an “undue burden.”  
• Lifts cannot be shared between a pool and a spa.
• Pool lift batteries must be fully charged and ready for use at all times the pool is open.

** If it is not readily achievable to have a fixed lift, then a portable one can be used if it meets the 2010 Standards requirements and the lift is securely in place during all operating hours.
In discussing the factors to be considered in the highly-fact dependant “readily achievable” analysis, DOJ failed to recognize “legitimate safety requirements” as a factor, even though it is in its own regulations.

Resources
Visit our Website for Webinars, advisories, articles, educational material, and other tools.

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2/7 NFHLA External Affairs: Destination Casino Resort Bill update
Distributed to: ALL members, hotel and allied

During Florida Restaurant & Lodging Association (FRLA) Lobby Day in January Destination Casino Resorts/expansion of gambling in the state of Florida and HB 487 was discussed. 

To give an update: HB 487 did not make it out of the House Business and Consumer Affairs Subcommittee. On Friday February 3, the subcommittee chaired by Rep. Holder, temporarily postponed the Destination Resort Casino bill at the request of the sponsor. Because this committee does not meet again during the 2012 legislative session, the bill is affectively dead.

This is a major victory for The Florida Restaurant & Lodging Association (FRLA) who has been fighting the bill since its inception. Carol Dover, President and CEO of the FRLA testified at the hearing.

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2/8 NFHLA External Affairs: Duval County Tourist Development Council meeting
Distributed to: ALL members, hotel and allied

The Duval County Tourist Development Council meeting

Notice is hereby given that Council President Stephen C. Joost, Chairman of the Duval County Tourist Development Council, will meet with the Tourist Development Council Members for the quarterly meeting scheduled for Thursday, February 16, 2012 at 10:00 a.m. The meeting will be held at City Hall at the St. James Building, 117 W. Duval Street, Fourth Floor, Suite 425, Conference Room A.

All interested parties are welcome to attend.
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2/9 NFHLA External Affairs: Online Travel Bill-action needed
Distributed to: ALL members, hotel and allied

News from FRLA: HB 1393 exempting Online Travel Companies from paying taxes for the retail value of the rooms they sell will impact your business. (They need to know that the OTCs will not stop selling our rooms even if they collect and remit the appropriate taxes…after all, many of us have different wholesale rates and still they sell our product, if the end user wants our rooms, they will still buy them from OTCs or us.)  

HB 1393 will be heard WEDNESDAY, February 15, by the House Finance and Tax Committee.  The committee will convene at 8:00 a.m. in room 404 of the House Office Building.  

Now is the time to voice your opinion.  Please contact Christina Jones (cjones@frla.org) if you are able to attend this committee meeting.  It is imperative that members let their voice be heard.

If you are unable to attend and want to send legislators a message, FRLA has included the contact information of the committee members along with a sample message.  See sample below: 

“Please vote “NO” on HB 1393, the online travel bill.  This bill would allow online travel companies to have an unfair advantage over bricks-and-mortar companies.  HB 1393 would continue to cost our counties millions a year in lost hotel-tax revenue which impairs local government’s ability to advance and promote their communities.  Stop placing hard working Floridians at a disadvantage by providing online travel companies a special tax advantage.
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