The Florida Retail Federation, in conjunction with our partners at the National Retail Federation, passes along the good news that U.S. House Republican leaders plan to abandon an attempt to repeal debit card swipe fee reform that has saved retailers and their customers more than $40 billion and brought badly needed competition to the payments market.
Repeal of swipe fee reform would have come as part of the Financial Choice Act, a broad bill that would roll back banking regulations established in 2010 under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
The House is expected to vote on the bill after it returns from its Memorial Day recess in June, and leadership conducted a whip count this week to determine support for the overall measure and provisions such as the repeal of swipe fee reform. A number of Republican House members expressed concerns about repealing swipe reform, and reports indicate tonight that agreement has been reached to drop the provision.
Debit reform was enacted as part of Dodd-Frank in response to the card industry’s practice of price-fixing the debit card “swipe” fees banks charge merchants to process transactions. The fees previously averaged 1-2 percent of the purchase amount, and virtually all banks that issue cards charged the same.
Under reform regulations that took effect in October 2011, large banks are limited to 22 cents per transaction, down from an average 45 cents in the past. The limit saved retailers about $8.5 billion in the first year alone, with close to $6 billion of the savings passed along to consumers, according to a study by economist Robert Shapiro. Banks that set the fees competitively and independently are exempt from the limit, but virtually none have done so. Banks with under $10 billion in assets are also exempt.
Reform also required that merchants be given at least two choices in the networks that route debit transactions to the banks for processing, typically one controlled by Visa or MasterCard and a competing, independent network that can offer advantages such as lower fees, better service or better security.
Preparing for the Sales Tax Holiday
We are very pleased that our work with the Florida Legislature ultimately included provisions for a Disaster Preparedness Sales Tax Holiday during the 2017 session. This sales tax holiday will encourage Floridians to stock up on the supplies they need to be prepared for the hurricane season and other potential disasters.
This holiday is coming up VERY SOON! The bill is currently waiting for Governor Scott’s signature to make it official, but we wanted all of our members to be well aware of the details of the holiday so that you can prepare and make the most of this event in your stores. We have reached out to the Department of Revenue to inquire when we can expect to receive the TIP sheet on this event. In the meantime, here are the details that you may need to get ready.
When is the Disaster Preparedness Sales Tax Holiday?
12:01 a.m. on June 2, 2017, through 11:59 p.m. on June 4, 2017
What items fall under the sales tax holiday?
During the period of time listed above, sales tax should not be collected on the following items:
Does everyone who sells these items have to participate?
The tax exemptions do not apply to sales of the above items that take place in theme parks or entertainment complexes, lodging establishments, or airports. Every other retailer must provide the sales tax exemptions on the items above during the designated time period.
When we receive further details from the Department of Revenue, we will send it out immediately. If you have any further questions, please do not hesitate to contact us.
For Immediate Release: May 8, 2017
TALLAHASSEE, FL – As the 2017 Legislative Session comes to a close, three days later than expected, the Florida Retail Federation (FRF) and the Florida Petroleum Marketers and Convenience Store Association (FPMA) is celebrating several major accomplishments for retailers including the passage of a reduction in the business rent tax and 3-day sales tax holidays for back to school and disaster preparedness. FRF also successfully opposed several proposals which would have been harmful to the retail industry, such as allowing prejudgment interest on personal injury awards and weakening criminal penalties on the backs of retailers.
“I am extremely proud of the way our retailers, stakeholders, and association staff worked with the Legislature to accomplish so many of our goals this year,” said FRF’s President and CEO R. Scott Shalley. In all, FRF actively advocated for or against more than 40 pieces of legislation and numerous budget issues. “We continue to prove that our industry remains strong and continues to be a major economic contributor--leading in job growth and many other economic indicators,” added Shalley.
In general business, FRF was successful in opposing burdensome regulations from being passed on to retailers, such as a minimum wage requirement, a measure to increase the number of parking spaces at certain retail establishments, and a measure that would interfere with the relationship between a franchisee and franchisor. FRF also worked to oppose a measure that would allow a utility company to pursue fracking for natural gas in other states and pass 100% of the costs along to consumers. Additionally, FRF was successful in advocating for the passage of a bill that provides greater legal protections to businesses who are subject to ADA lawsuits.
FRF also saw major legislative accomplishments in the areas of identity theft prevention with the approval of a measure to enhance penalties for committing “skimmer” fraud. FRF also played a key role in defeating a measure to weaken criminal penalties for theft. Additionally, a measure to prevent EBT card purchases for candy and soft drinks was defeated due to FRF’s strong opposition. “All of our retailers--from general business, pharmacy, small grocers, and the FPMA-- will benefit from our collective advocacy efforts this session. We look forward to continuing our work, and we are already beginning to gear up for next year,” concluded CEO Shalley.
ABOUT THE FLORIDA RETAIL FEDERATION
Founded in 1937, the Florida Retail Federation is celebrating its 80th anniversary this year as the statewide trade association representing retailers -- the businesses that sell directly to consumers. Florida retailers provide three out of every four jobs in the state, pay more than $49 billion in wages annually, and collect and remit more than $20 billion in sales taxes for Florida’s government each year. In fact, more than three out of four of Florida’s budget dollars come from retail-related activity.
The Florida Petroleum Marketers and Convenience Store Association cares about the success of our members and their families. For 36 years, we have granted academic scholarships exclusively to FPMA member company owners, employees and their children to attend college and become successors of the family business or entrepreneurs of their own.
If you fall into this close-knit community and can show achievement in the classroom with a GPA of 3.5 or higher, you are at a great advantage! While most public and private scholarship dollars are open to thousands of eligible high school and college students, our support stays within the Florida Petroleum Marketers and Convenience Store family. We are excited to announce we are accepting Scholarship applications now through May 5, 2017.
FPMA Scholarship Requirements:
To be eligible to receive an FPMA Scholarship, an applicant must be a Florida resident meeting one of following criteria below and enroll in a minimum course load of 12 hours.
Two (2) FPMA Scholarships will be awarded on the morning of the 2017 Sunshine EXPO, Sunday July, 23rd at Gaylord Palms Resort in Kissimmee, FL. Winners will be contacted on May 17th by Scholarship Committee Chair, Marc Gomes. The recipients’ hotel accommodations are taken care of by FPMA for the night prior to the award presentation.
Best of luck and begin the application process by clicking here.
For Immediate Release: December 5, 2016
Florida’s leading retail advocacy organization highlights those issues and topics important to retailers and which will be the focus in the upcoming 2017 Legislative Session
TALLAHASSEE, FL – With the Florida House of Representatives in committee weeks this week and the Senate set to follow suit next week, the Florida Retail Federation (FRF), the state’s premier trade association representing retailers for over 75 years, announced its 2017 Legislative Agenda in preparation for the upcoming 2017 Legislative Session in March. The agenda highlights those issues which are important to the success of retailers and Florida’s business community and which FRF will be focused on.
FRF & FPMA are excited to announce our 2017 Legislative Agenda! This diverse agenda - which was created based solely on feedback from you, our members, and voted on at our October Fall Retail Summit - highlights the issues that our influential Governmental Affairs Team will be focusing on this upcoming session in supporting the needs of retail businesses in Florida and ensuring you remain successful. (*This list does not include issues that may pop up as we get closer to session or during it*)
We are proud of our legislative impact and successes in recent years and we look forward to working with the Governor's Office and state legislators on passing legislation that will benefit our members and strengthen Florida's retail industry.
GENERAL RETAIL BUSINESS
Back in September, the Florida Department of Environmental Protection (DEP) issued an emergency rule that would require businesses responsible for instances of pollution to notify the state and the public about those instances on an expedited timeline. Under the emergency rule, notification is required to the DEP and to local government officials and the media.
DEP is now in the process of passing a final rule to address pollution notification. Below is the revised proposed rule:
Positive changes have been made to the rule. The rule is now more clear about what amounts of pollutants trigger the notification requirements. But the rule still raises concerns about the cost to business and the potential for ineffective and inaccurate information being shared with the public. We believe the DEP should be the central clearinghouse for the notification of pollution.
We are submitting our comments to the DEP to encourage further changes to the rule. Please share this rule within your companies and let us know what concerns you have. If you have real-life examples regarding how this could negatively impact your business, please share those with us so that we can educate the DEP about the impact of this rule.
Comments will only be received by the state agency up until 5:00 pm on Wednesday, November 9, so please get back with us as soon as you are able. We appreciate your input.
Hear what happened to an endurance athlete when he ate nothing but gas station food for a month!
There’s a perception that “healthy eating” doesn’t take place outside of the home. Restaurants, gas stations, fast-food establishments—they’re all spoken of as if they’re part of the problem. But are they?
Frank Beard, an endurance athlete from Iowa, wanted to do something extreme and change the conversation. So he recently conducted an experiment. To prove that it is possible to stay healthy while eating out, he consumed only gas station food for 30 days.
FPMA’s national partners at the NACS Convenience Matters podcast, led by program co-hosts Jeff Lenard of NACS and John Eichberger of the Fuels Institute, talk to Beard about his experiment in “30 Days of Gas Station Food.” The program can be downloaded on iTunes by searching for Convenience Matters. It also is available at nacsonline.com/podcasts. Frank’s goal was to gain no more than five pounds after eating nothing but food from gas stations for 30 consecutive days. Find out not only his final results but what else he learned about the industry during his journeys!
Today, Governor Rick Scott activated Florida’s Small Business Emergency Bridge Loan Program to support small businesses impacted by Hurricane Matthew. The bridge loan program, managed by the Florida Department of Economic Opportunity (DEO), will provide short-term, interest-free loans to small businesses that experienced physical or economic damage during the storm and recovery efforts. The application period is from today through November 11, 2016.
DEO is currently surveying businesses in the affected counties. To access the business survey, please go to flvbeoc.org/index.php?action=bda and select “Hurricane Matthew” from the drop-down menu.
DEO administers the Florida Small Business Emergency Bridge Loan Program to provide an expedient cash flow to businesses damaged by a disaster. The short-term, interest-free loans help bridge the gap between the time damage is incurred and when a business secures other financial resources, including payment of insurance claims or longer-term loans. Up to $10 million has been allocated for the program.
Owners of small businesses with two to 100 employees located in 67 counties affected by Hurricane Matthew can apply for short-term loans for up to $25,000. Loans are granted in terms of 90 or 180 days and are interest-free for that time period. To be eligible, a business must have been established prior to October 3, 2016, and demonstrate economic or physical damage as a result of Hurricane Matthew.
To complete an application by the Nov. 11 deadline, or for more information on the program, visit www.floridadisasterloan.org. For questions regarding the Emergency Bridge Loan Program, contact the Florida Small Business Development Center Network state office at 850-898-3489.
Were you scheduled to attend the Florida Remediation Conference PRP session that was canceled? Looking for another opportunity to learn more about PRP and tank compliance issues? Well then, make sure to join us for the Petroleum Restoration Program (PRP) & Tank Compliance Symposium during the FRF/FPMA Fall Meeting & Retail Summit taking place October 26 from 9am-4pm at the Daytona Shores Resort & Spa in Daytona Shores, FL. Featuring leaders from the Florida Department of Environmental Protection, this event is critical if you are an ATC contractor, own a tank, deal with tanks, own property where there is or was a tank, or are financing one. You do not want to miss this important session!
Presented by FDEP Staff: Bill Burns, Compliance Administrator; Diane Pickett, Program Administrator; John Wright, Chief Engineer
Who should attend: Marketers, dealers, property owners, bankers, realtors and ATCs
This comprehensive sessions will focus on critical issues for the PRP and Compliance Programs. Specific topics include:
FPMA Important Member Update
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services
RULE NO.: 5JER16-1
RULE TITLE: Volatility Standards for Gasoline
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: As a result of the effects on the supply and distribution of fuel following an incident in Alabama requiring Colonial Pipeline to shut down Pipeline #1, which routes gasoline to the east coast, extreme and unusual circumstances exist that will prevent the distribution of an adequate fuel supply to consumers in specified Florida counties. Several other southeastern states have issued similar fuel volatility waivers. Pursuant to these actions by the other southeastern states, and following the adoption of this emergency rule, waiving certain volatility standards in specified Florida counties will allow for adequate and rapid distribution of available fuel, helping to stabilize the fuel market in the specified counties, thus protecting the welfare of Florida consumers in these counties. Specifically, the affected counties in Florida are Escambia, Jackson, Leon, and Okaloosa.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: This emergency rule was initiated at the request of fuel suppliers in order to more adequately meet the fuel needs of Florida consumers in these specified counties, as a result of current fuel shortages created by an incident in Alabama requiring Colonial Pipeline to shut down Pipeline #1, which routes gasoline to the east coast. This emergency rule will help alleviate present distribution difficulties and shortages of motor fuel resulting from this event to provide relief to affected areas in Florida.
SUMMARY: This emergency rule allows for the retail distribution and sale of gasoline of a different volatility class than adopted in ASTM International designation D4814-13a as adopted in Rule 5J-21.001, F.A.C., for the period beginning October 4, 2016, through October 31, 2016, in Escambia, Jackson, Leon, and Okaloosa counties in Florida. The specific standards affected are indicated below.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Richard Kimsey, Chief, Bureau of Standards, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399, (850)921-1570
THE FULL TEXT OF THE EMERGENCY RULE IS: 5JER16-1 Volatility Standards for Gasoline (1) Volatility Class D-4 fuels as specified in ASTM International designation D4814-13a, shall be allowed for the time period from October 4, 2016, through October 31, 2016, for retail distribution and sale in Escambia, Jackson, Leon, and Okaloosa counties. Rulemaking Authority 525.037, 525.14, 570.07(23) FS. Law Implemented 525.01, 525.037, 525.14 FS. History - New 10-4-16.
Governor Rick Scott today signed Executive Order 16-230 declaring a state of emergency for every Florida county due to the severity and magnitude of Hurricane Matthew.
Governor Scott said, “Hurricane Matthew is a life-threatening category four hurricane and we must all take it seriously. If Hurricane Matthew directly impacts Florida, there could be massive destruction which we haven’t seen since Hurricane Andrew devastated Miami-Dade County in 1992. That is why we cannot delay and must prepare for direct impact now. Today, I signed an Executive Order declaring a State of Emergency in every Florida county to ensure we have resources for evacuations, sheltering and other logistical needs across our state. We are preparing for the worst, but hoping for the best and we will not take any chances to ensure our state is prepared."
FRF and FPMA will remain in constant contact with Governor Scott's office as well as the Division of Emergency Management for all pre-or post-Hurricane coordination efforts. We will continue to pass along any information pertaining to this hurricane going forward.
Please note that because an emergency has been declared that emergency pricing restrictions are in effect.
For Immediate Release: September 29, 2016
FRF & FPMA eager to see the positive impact this legislation will have in keeping Floridians and visitors safe from credit card fraud at Sunshine State gas stations
TALLAHASSEE, FL – The Florida Retail Federation (FRF), the state’s premier trade association representing retailers for over 75 years, and the Florida Petroleum Marketers & Convenience Store Association (FPMA), remind Floridians statewide that effective October 1, increased security measures take effect at gas stations statewide to protect consumers from gas pump skimmer fraud. SB912, sponsored by Senator Anitere Flores and Representative Dana Young, becomes law this weekend in protecting credit card information while also making it easier to charge someone for committing gas pump skimmer fraud.
“With more than 10,000 gas pumps in Florida, and the potential for one skimmer to impact more than 100 people, this important legislation will go a long way towards protecting millions of Florida’s residents and visitors,” said Randy Miller, FRF President & CEO. “FRF and FPMA were proud to work with Senator Flores, Representative Young and Commissioner Adam Putnam on the passage of this bill and we look forward to it making Florida a safer place.”
SB912, which passed unanimously this past legislative session, requires gas stations to have, at a minimum, security tape on their pumps to show the pump hasn’t been tampered with. The law would make the crime of tampering with a gas pump a second degree felony and the possibility of 15 years prison time, which is an increase from the previous penalties of a third degree felony and just five years in prison. The new law also makes law enforcements’ job easier to charge someone who is in possession of counterfeit credit cards. Previously, it would require ten fake cards to be charged with a second degree felony, now it only requires five cards for the same charge.
Florida’s convenience stores increased from 9,737 in 2014 to more than 10,000 in 2015, which ranked third among all states according to the 2016 National Association of Convenience Stores/Nielsen Convenience Industry Store Count.
ABOUT THE FLORIDA RETAIL FEDERATION
Founded in 1937, the Florida Retail Federation is the statewide trade association representing retailers -- the businesses that sell directly to consumers. Florida retailers provide three out of every four jobs in the state, pay more than $49 billion in wages annually, and collect and remit more than $20 billion in sales taxes for Florida’s government each year. In fact, more than three out of four of Florida’s budget dollars come from retail-related activity. For more information, visit the FRF website, and follow FRF on Facebook and Twitter.
Below is the Emergency Rule that the Florida Department of Environmental Protection has issued regarding notification of pollution. The Emergency Rule as drafted creates questions about when notification is required. We are working with DEP to clear up these questions. We recognize and agree with the necessity of prompt notification of pollution. Our businesses, our communities and our state are best served when pollution is quickly and completely addressed and its harm is minimized or eliminated. We want to make sure our member businesses are fully compliant without creating unnecessary burdens for local officials and needless concern for citizens. As we receive more detailed information from DEP, we will share this information with you.
Notice of Emergency Rule
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.: 62ER16-1
RULE TITLE: Public Notice of Pollution
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: In a "Specific Finding of Immediate Danger to the Public Health, Safety, or Welfare," which was published on the date of this emergency rule (available at www.dep.state.fl.us/pollutionnotice) and filed with the Secretary of State's Office, Secretary Steverson found that there is a need to immediately require specific notification to the public of any incident or discovery of pollution that may cause a threat to the air, surface waters, or groundwater of the state. These circumstances present an immediate hazard to public health, safety, or welfare which requires emergency action.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: Prompt notification to the public is necessary regarding any incident or discovery of pollution that may cause a threat to the air, surface waters, or groundwater of the state such that public health could be at risk. The Secretary will commence rulemaking procedures for the emergency rule immediately.
SUMMARY: The provisions of the action provide a requirement that owners and operators of any installation provide notifications to the Department, local government officials, and the public whenever there is an incident or discovery of pollution at an installation within 24 hours. In addition, the owner and operator would be required to provide a subsequent notice within 48 hours that describes any potentially affected areas beyond the property boundary of the installation, and the potential risk to public health, safety, or welfare. The owners and operators are required to notify the Department, local government officials, and the property owner within 24 hours of becoming aware that pollution from an installation has affected areas beyond the property boundaries of the installation.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Robert A. Williams, Chief Deputy General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Blvd., MS-35 Tallahassee, FL 32399
THE FULL TEXT OF THE EMERGENCY RULE IS:
62ER16-01Public Notice of Pollution
Any owner or operator of any installation who has knowledge of any pollution at such installation shall provide notice of the pollution as follows:
(1)Within 24 hours of the occurrence of any incident at an installation resulting in pollution, or the discovery of pollution, the owner or operator shall notify the Departmentand the following persons, in writing, of such pollution:
(a)The mayor, the chair of the county commission, or the comparable senior elected official representing the affected area.
(b)The city manager, the county administrator, or the comparable senior official representing the affected area.
(c)The general public by providing notice to local broadcast television affiliates and a newspaper of general circulation in the area of the contamination.
(2)Within 48 hours of the occurrence of any incident at an installation resulting in pollution, or the discovery of pollution, the owner or operator shall notify the Department and persons identified in (1)(a) through (1)(c), in writing, of any potentially affected areas beyond the property boundaries of the installation, and the potential risk to the public health, safety, or welfare.
(3)Within 24 hours of becoming aware of pollution from an installation that has affected areas beyond the property boundaries of the installation, the owner or operator shall notify, in writing, the property owner of any affected area, the Department, and the persons identified in (1)(a) through (1)(b).
(5)Failure to provide this notification shall be considered a violation and subject to penalties for purposes of Section 403.161, Florida Statutes.
Rulemaking Authority 377.22(2), 403.061(7), 403.061(8), 403.062, 403.855(1), 403.861(9) FS. Law Implemented 377.21, 377.371, 403.061(16), 403.061(17), 403.061(18), 403.062, 403.855(3), 403.861(9) FS. History-New 9-26-16.
THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: 09/26/2016