Post-Meeting Packet - Florida Senate Commerce and Tourism (02/18/2020)
Summary
A packet for the 02/18/2020 meeting of the Florida Senate Commerce and Tourism committee, with Senator Gruters as Chair and Senator Torres as Vice Chair. Its agenda order lists CS/SB 664 Verification of Employment Eligibility, CS/SB 680 Shark Fins, CS/SB 776 Florida Real Estate Appraisal Board, SB 1582 Asbestos Trust Claims, CS/SB 1632 Cultural Affairs and SB 90 Discrimination in Labor and Employment. An expanded agenda follows with a bill description and the committee action for each item. The packet closes with a time log of the meeting that lists speakers and an adjournment entry.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Post-Meeting Packet - Florida Senate Commerce and Tourism (02/18/2020).”
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02/18/2020 - Commerce Tourism (10:00 AM - 12:00 Noon) 2020 Regular Session
Committee Packet 02/19/2020 3:41 PM
Agenda Order
CS/SB 664 by JU, Lee (CO-INTRODUCERS) Gruters, Harrell, Simmons; (Compare to H 01265)
Tab 1
Verification of Employment Eligibility
110576 A S RCS CM, Lee Delete L.39 - 182: 02/18 12:29 PM
910906 AA S RCS CM, Lee btw L.4 - 5: 02/18 12:29 PM
272804 AA S UNFAV CM, Torres Delete L.32 - 123: 02/18 12:29 PM
116778 AA S UNFAV CM, Torres btw L.75 - 76: 02/18 12:29 PM
400132 AA S UNFAV CM, Torres btw L.75 - 76: 02/18 12:29 PM
864038 AA S UNFAV CM, Torres btw L.75 - 76: 02/18 12:29 PM
904628 AA S UNFAV CM, Torres btw L.75 - 76: 02/18 12:29 PM
429510 AA S RCS CM, Lee Delete L.80 - 82: 02/18 12:29 PM
952034 AA S RCS CM, Lee Delete L.118 - 128: 02/18 12:29 PM
295842 A S WD CM, Torres btw L.121 - 122: 02/18 12:29 PM
451260 A S WD CM, Torres btw L.121 - 122: 02/18 12:29 PM
687662 A S WD CM, Torres btw L.121 - 122: 02/18 12:29 PM
CS/SB 680 by EN, Hutson (CO-INTRODUCERS) Gruters, Stewart, Berman, Book; (Compare to CS/H
Tab 2
00401) Shark Fins
679214 A S RCS CM, Hutson Delete L.30 - 32: 02/18 12:29 PM
Tab 3 CS/SB 776 by IT, Perry; (Similar to H 01399) Florida Real Estate Appraisal Board
Tab 4 SB 1582 by Simmons; (Similar to CS/H 00741) Asbestos Trust Claims
301124 A S RCS CM, Simmons Delete L.43 - 46. 02/18 12:29 PM
Tab 5 CS/SB 1632 by GO, Rouson; (Identical to CS/H 00757) Cultural Affairs
322422 A S WD CM, Rouson btw L.59 - 60: 02/18 12:29 PM
SB 90 by Stewart (CO-INTRODUCERS) Berman, Book, Cruz; (Identical to H 00739) Discrimination in
Tab 6
Labor and Employment
423392 A S WD CM, Torres btw L.211 - 212: 02/18 12:29 PM
Page 1 of 1
2020 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Gruters, Chair
Senator Torres, Vice Chair
MEETING DATE: Tuesday, February 18, 2020
TIME: 10:00 a.m.—12:00 noon
PLACE: Toni Jennings Committee Room, 110 Senate Building
MEMBERS: Senator Gruters, Chair; Senator Torres, Vice Chair; Senators Hutson, Stewart, and Wright
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
1 CS/SB 664 Verification of Employment Eligibility; Requiring public Fav/CS
Judiciary / Lee employers and certain contractors and subcontractors Yeas 3 Nays 2
(Compare H 1265, S 1822) to register with and use an employment verification
system by a specified date; requiring employers who
meet specified criteria to register with and use an
employment verification system to verify the
employment eligibility of new employees; authorizing
the imposition of fines for violations of the act;
creating a rebuttable presumption for certain
employers that the employer did not knowingly
employ an unauthorized alien, etc.
JU 02/11/2020 Fav/CS
CM 02/18/2020 Fav/CS
RC
2 CS/SB 680 Shark Fins; Prohibiting the import and export of shark Fav/CS
Environment and Natural fins, etc. Yeas 5 Nays 0
Resources / Hutson
(Compare CS/H 401) EN 02/03/2020 Fav/CS
CM 02/18/2020 Fav/CS
RC
3 CS/SB 776 Florida Real Estate Appraisal Board; Revising the Favorable
Innovation, Industry, and composition of the board; requiring the board Yeas 4 Nays 0
Technology / Perry membership to reflect the ethnic and gender diversity
(Similar H 1399) of this state, etc.
IT 02/10/2020 Fav/CS
CM 02/18/2020 Favorable
RC
4 SB 1582 Asbestos Trust Claims; Requiring a plaintiff who files Fav/CS
Simmons an asbestos claim to provide certain information to Yeas 4 Nays 0
(Similar CS/H 741) the parties of the action within a specified timeframe;
requiring the plaintiff to supplement the information
and materials under certain circumstances within a
specified timeframe; authorizing the defendant to
seek discovery from an asbestos trust; prohibiting the
plaintiff from claiming privilege or confidentiality to bar
discovery of such materials, etc.
JU 02/04/2020 Favorable
CM 02/18/2020 Fav/CS
RC
S-036 (10/2008)
02182020.1200 Page 1 of 2
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, February 18, 2020, 10:00 a.m.—12:00 noon
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
5 CS/SB 1632 Cultural Affairs; Providing that the Secretary of State Favorable
Governmental Oversight and shall be known as “Florida’s Chief Arts and Culture Yeas 4 Nays 0
Accountability / Rouson Officer”; renaming the Division of Cultural Affairs of
(Identical CS/H 757) the Department of State as the Division of Arts and
Culture, etc.
GO 02/10/2020 Fav/CS
CM 02/18/2020 Favorable
RC
6 SB 90 Discrimination in Labor and Employment; Creating Temporarily Postponed
Stewart the “Senator Helen Gordon Davis Fair Pay Protection
(Identical H 739) Act”; prohibiting an employer from providing less
favorable employment opportunities to employees
based on their sex; prohibiting an employer from
taking certain employment actions against
employees; prohibiting an employer from engaging in
certain activities relating to wages and benefits, etc.
CM 02/18/2020 Temporarily Postponed
JU
RC
Other Related Meeting Documents
S-036 (10/2008)
02182020.1200 Page 2 of 2
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/CS/SB 664
INTRODUCER: Commerce and Tourism Committee; Judiciary Committee; and Senator Lee and others
SUBJECT: Verification of Employment Eligibility
DATE: February 19, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Stallard Cibula JU Fav/CS
2. Harmsen McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 664 requires specific private employers to register with E-Verify or an alternative
employment verification system. The bill also requires certain public employers and their
contractors and subcontractors to register with and use an employment verification system to
ensure the work authorization status of all new employees and identify whether an employee is
an unauthorized alien.
The private-employer requirement, after it is fully phased-in, will generally apply to employers
that have 20 or more employees in Florida. If a private employer fails to comply with the
registration requirement, it could face a $500 fine and be required to register within 30 days. If
an employer fails to register by this deadline, the DEO must order the appropriate agency to
suspend the employer’s business licenses.
The bill also provides immunity from civil or criminal liability for an employer’s reliance on an
approved employment verification system. For instance, an employer who relies on E-Verify’s
indication that a person is unauthorized may not be sued for refusing to hire the person.
Conversely, if E-Verify indicates that an employee is authorized to work in the United States,
there is a rebuttable presumption that the employer did not knowingly employ an unauthorized
alien.
Certain public employers and certain contractors and subcontractors who enter into a contract
with a public employer must register with and use an employment verification system.
BILL: CS/CS/SB 664 Page 2
Contractors or subcontractors that have less than 10 employees in Florida, and that have
contracts valued under $35,000 are exempt from the employment verification process.
II. Present Situation:
Overview
Both federal and Florida law prohibit a person from employing a person who is not authorized to
work in the United States. Additionally, federal law requires certain employers to use E-Verify
and requires most employers to verify the eligibility of new hires using employee-provided
documents.
E-Verify is an Internet-based system through which an employer can verify that a newly hired
employee is authorized to work in the United States.1 E-Verify is
operated by U.S. Citizenship and Immigration Services, part of the Department of
Homeland Security (DHS), in partnership with the Social Security
Administration. E-Verify is free and easy to use. E-Verify provides an automated
link to government records to help employers confirm the employment eligibility
of new hires.2
Florida Law
A person may not knowingly employ, hire, recruit, or refer an alien for private or public
employment within the state if the alien is not authorized to work under “the immigration laws”
or by the United States Attorney General.3 A first offense of this prohibition is a noncriminal
violation punishable by a fine of up to $500; each subsequent offense is a second degree
misdemeanor,4 punishable by up to 60 days in jail5 and a fine not to exceed $500.6
Moreover, pursuant to Executive Order 11-116, state agencies that are under the direction of the
Governor must use E-Verify for all newly hired employees. The order also requires an agency to
include in its contracts a provision that requires a contractor to use E-Verify for all new hires for
the duration of the contract. These same requirements must be included in a subcontractor’s
contract who performs work under the contractor.7
1
U.S. Citizenship and Immigration Services, How do I use E-Verify? https://www.e-
verify.gov/sites/default/files/everify/guides/E4en.pdf (last visited Feb. 18, 2020).
2
Id.
3
Section 448.09(1), F.S.
4
Section 448.09(2), F.S.
5
Section 775.082(4)(b), F.S.
6
Section 775.083(1)(e), F.S.
7
Exec. Order No. 11-116 (May 2011), available at http://edocs.dlis.state.fl.us/fldocs/governor/orders/2011/11-116-
suspend.pdf.
BILL: CS/CS/SB 664 Page 3
Federal Law
Under the Immigration Reform and Control Act of 1986 (IRCA),8 it is illegal for any U.S.
employer to knowingly:
Hire, recruit, or refer for a fee an alien knowing he or she is unauthorized to work;
Continue to employ an alien knowing he or she has become unauthorized; or
Hire, recruit or refer for a fee, any person (citizen or alien) without following the record
keeping requirements of the IRCA.9
The IRCA established a procedure that employers must use to verify that employees are
authorized to work in the United States.10 The procedure requires employees to present
documents that establish his or her identity and eligibility to work,11 and requires employers to
complete a Form I-9 for each new employee hired.12 The IRCA provides sanctions to be imposed
on employers who knowingly employ aliens who are not authorized to work.13 Federal law
contains no criminal sanction for working without authorization, although document fraud is a
civil violation.14 The United States Citizenship and Immigration Services (USCIS) enforces these
provisions.15
In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA),16 which, among other provisions, created various employment eligibility verification
programs, including the Basic Pilot program. Originally, the Basic Pilot program (now referred
to as E-Verify) was available in five of the seven states that had the highest populations of
unauthorized aliens and was initially authorized for only 4 years. However, Congress has
consistently extended the program’s life. It expanded the program in 2003, making it available in
all 50 states. In 2008, the federal government began requiring any entity that maintained or
applied for federal contracts to use E-Verify.17
8
Public Law 99-603, 100 Stat. 3359.
9
8 U.S.C. s. 1324a.
10
Id.
11
An employer may rely on a U.S. passport; resident alien card, alien registration card, or other document designated by the
Attorney General that contains a photograph and other personal identifying information, authorizes employment in the U.S.,
and is tamper resistant. Alternative, an employer may review a combination of documents that establish the individual’s
identity, e.g., a social security number, and a document that establishes the individual’s identity, e.g., a driver’s license.
12
Id.
13
Id. s. 1324a(a)(1)-(2).
14
Id. s. 1324c.
15
Id. s. 1324a.
16
Public Law 104-208.
17
Department of Homeland Security and USCIS, History and Milestones [of E-Verify],
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=84979589cdb76210Vgn
VCM100000b92ca60aRCRD&vgnextchannel=84979589cdb76210VgnVCM100000b92ca60aRCRD (last visited Feb. 18,
2020).
BILL: CS/CS/SB 664 Page 4
Using E-Verify
The Process, in Context
E-Verify is the last step in a larger eligibility-verification process. This process begins when an
employee accepts an offer of employment.18 Between this point and the employee’s first day on
the job, he or she must complete Section 1 of the Form I-9, which requires providing his or her
name, address, Social Security Number, and citizenship status under penalty of perjury. 19 By the
end of the third day on the job, the employer is required to complete Section 2, which states
under penalty of perjury that he or she has reviewed certain employee-provided documents that
establish the employee’s eligibility.20 Most employers are not required to continue the
verification of employment eligibility process beyond this step. However, for those who choose
to use or are required to use E-Verify, the process continues.
Before using E-Verify for the first time, an employer must enroll via the DHS’s website. 21 At the
end of the enrollment process, the employer must sign a Memorandum of Understanding that
provides the terms of agreement between the employer and the DHS.22
Once enrolled, an employer opens a “case” for the employee on the E-Verify system and enters
basic information from the employee’s Form I-9 (name, address, SSN) into the case.23 Then, E-
Verify compares the submitted information to records that are available to the DHS and the
Social Security Administration, and usually within seconds, issues one of several possible results
to the employer.24 A result of “Employment Authorized” indicates that the employee may work
in the United States. However, in a given case, the system might issue one of several other
results:
Verification In Process – This case was referred to the DHS for further verification.
Tentative Nonconfirmation (TNC) – Information did not match records available to the
SSA or the DHS. Additional action is required.
Case in Continuance – The employee has visited an SSA field office or contacted the DHS,
but more time is needed to determine a final case result.
Close Case and Resubmit – The SSA or the DHS requires that the employer close the case
and create a new case for this employee. This result may be issued when the employee’s U.S.
passport, passport card, or driver’s license information is incorrect.25
Final Nonconfirmation – There is no further action to be taken by any party and that E-
Verify will not confirm that the employee is authorized to work in the United States.26
18
United States Citizenship and Immigration Services, Complete and Correct Form I-9, https://www.uscis.gov/i-9-
central/complete-and-correct-form-i-9, (last visited Feb. 18, 2020).
19
See 8 C.F.R. § 274a.2(b)(1)(i)(A).
20
See 8 C.F.R. § 274a.2(b)(1)(ii).
21
Department of Homeland Security and USCIS, The Enrollment Process, https://www.e-verify.gov/employers/enrolling-in-
e-verify/the-enrollment-process (last visited Feb. 18, 2020).
22
The E-Verify Memorandum for Employers, available at https://www.e-
verify.gov/sites/default/files/everify/memos/MOUforEVerifyEmployer.pdf (last visited Feb. 18, 2020).
23
Department of Homeland Security and USCIS, ABOUT E-Verify, https://www.e-verify.gov/about-e-verify (last visited Feb.
18, 2020).
24
Id.
25
Department of Homeland Security and USCIS, Verification Process, https://www.e-verify.gov/employers/verification-
process (last visited Feb. 18, 2020).
26
Id.
BILL: CS/CS/SB 664 Page 5
If the result is TNC, the employer must notify the employee, who must take further action to
verify his or her eligibility.27 If the result is Verification in Process or Case in Continuance, the
E-Verify system needs more time to process the case.28
Results in FY 2019
In FY 2019, E-Verify processed 38,930,405 cases, 98.51% of which were automatically
confirmed as “work authorized” and another 0.23% were confirmed after an initial “mismatch.”29
In the remaining 1.27% of cases, the employees were not found to be authorized to work in the
United States.30 The vast majority of this 1.27% (0.97%) were cases that were not resolved by
the end of FY 2019 for various reasons, including because the case was awaiting further action
by either the employer or employee at the end of the fiscal year or because the employer closed
the case as “self-terminated.”31
Accuracy
The most recent independent report of E-Verify’s accuracy appears to have been done 2012 by
the firm Westat.32 The report relied on data from 2009 and before.33
Westat found that E-Verify was 94% accurate in its final disposition of cases—E-Verify
confirmed 94% of employees who were in fact authorized to work in the United States; 94% of
the Final Nonconfirmations (FNCs) issued were for people who were in fact not authorized to
work in the United States. As such, according to Westat, 6% of people who were in fact
authorized to work in the United States received a FNC from E-Verify.34
User Satisfaction
According to the Department of Homeland Security’s most recent customer service report, which
was published in 2018 regarding users’ experiences in 2017, employers rated their experience of
“using E-Verify” at “90,” based on subcategories such as “ease of use” and “speed of
response.”35 These same users rated their overall satisfaction with E-Verify at “85.”36
27
Id.
28
Id.
29
U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, E-Verify Performance, https://www.e-
verify.gov/about-e-verify/e-verify-data/e-verify-performance (last visited Feb. 18, 2020).
30
Id.
31
Id.
32
Westat, Evaluation of the Accuracy of E-Verify Findings, (July, 2012) available at https://www.e-
verify.gov/sites/default/files/everify/data/FindingsEVerifyAccuracyEval2012.pdf (last visited Feb. 18, 2020).
33
Id.
34
Id.
35
U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Annual Customer Satisfaction Survey
2017, (Mar. 2018), available at https://www.e-
verify.gov/sites/default/files/everify/data/EVerifyCustomerSatisfactionSurvey2017.pdf (last visited Feb. 18, 2020).
36
Id. This rating is in line with prior years’ ratings, which have fluctuated between 85 and 87 since 2011.
BILL: CS/CS/SB 664 Page 6
In 2017, 13 percent of employers contacted E-Verify by phone for customer service.37 These
employers rated their experience at “89.”38 And 96 percent of those who contacted customer
service reported having their issue resolved, usually on the first call (89 percent).39
Operational Disturbances
During the January 2019, partial federal government shut down, the E-Verify system was
unavailable. As a result, employers were unable to enroll in E-Verify, contact customer support
representatives, create an E-Verify case, or view or take action on a case, among other
functions.40 The DHS issued guidance that extended the 3-day rule to permit employers
additional time to submit new employee information to E-Verify, and gave employees additional
time to resolve a TNC.41
Mandatory Use of E-Verify in Other States
At least 19 other states require the use of E-Verify by public employers, contractors or
subcontractors of public employers, or private employers.
The following states require private employers, as well as public employers and their contractors
and subcontractors, to use E-Verify:
North Carolina42
Mississippi43
Georgia44
Arizona45
Alabama46
Utah47
South Carolina48
37
Id.
38
Id.
39
Id.
40
National Law Review, When the Government Shuts Down: The Impact on E-Verify, I-9’s, and Visas, (Jan. 25, 2019),
https://www.natlawreview.com/article/when-government-shuts-down-impact-e-verify-i-9-s-and-visas (last visited Feb. 18,
2020).
41
U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, E-Verify Resumes Operation, (Jan. 27,
2019), https://www.e-verify.gov/e-verify-resumes-operation (last visited Feb. 17, 2020). Due to the lapse in federal funding,
the E-Verify system was not in operation from December 22, 2018 to January 26, 2019. E-Verify restarted on Sunday,
January 27, 2019. .S. Department of Homeland Security, U.S. Citizenship and Immigration Services, January 2019, E-Verify
Incidents, (Apr. 23, 2019), https://www.e-verify.gov/about-e-verify/e-verify-data/e-verify-enhancements/january-2019 (last
visited Feb. 18, 2020).
42
N.C.G.S. § 160A-169.1 (municipalities); 153A-99.1 (counties); 143-48.5, 143-133.3 (public contractors); 64-26 (private
employers that have more than 25 employees); 126-7.1 (state agencies).
43
Miss. Code § 71-11-3.
44
Ga. Code § 13-10-91 (public employers and contractors); 36-60-6 (private employers that have more than 10 employees).
45
Ariz. Rev. Stat. § 41-4401 (public contractors); 23-214 (private and public employers).
46
Ala. Code § 31-13-15.
47
Utah Code § 63G-12-301 (private employers having 15 or more employees, unless the employee has a guest worker
permit), 63G-12-302 (public employers and contractors). Under both statutes, the employers may use E-Verify or another
federal verification program.
48
S.C. Code § 41-8-20 (private employers); 8-14-20 (public employers and contractors).
BILL: CS/CS/SB 664 Page 7
The following states require only public employers and their contractors to use E-Verify:
Indiana49
Nebraska50
Missouri51
Colorado52
Oklahoma53
Texas54
Virginia55
Some states’ approaches do not fall squarely into the above categories. For example, Tennessee
requires only private employers that have 50 or more employees to use E-Verify.56 Pennsylvania
requires public contractors and private construction employers to use E-Verify.57 In Michigan,
only contractors of the Michigan Department of Transportation must use E-Verify.58 Finally,
West Virginia requires contractors whose employees work on the Capitol grounds to use E-
Verify.59
III. Effect of Proposed Changes:
The bill requires private employers60 to register with E-Verify, or an alternative employment
verification system, and use it to verify a new hire’s work authorization status. A private
employer is not required to verify the employment eligibility of a continuing employee hired
before the employer registered to use an employment verification system.
Pursuant to the bill, an employer must use one of the following employment authorization
systems to verify a new hire’s employment eligibility:
An Internet-based system that is operated by the U.S. Department of Homeland Security
which allows participating employers to electronically verify the employment eligibility of
newly hired employees;61 or
A system that an employer certifies, under penalty of perjury, on a form provided by the
DEO as a substantially equivalent to E-Verify; or
49
Ind. Code § 22-5-1.7-11.1.
50
Nev. Rev. St. § 4-114.
51
Miss. Stat. § 285.530.
52
Colo. Rev. Stat. § 8-17.5-102.
53
25 Okl. St. § 1313 (public employers and contractors must use E-Verify or another federal verification program).
54
Tex. Nat. Res. Code § 81.072 (public contractors); Tex. Gov. Code § 673.002 (state agencies)
55
Va. Code § 40.1-11.2 (state agencies), 2.2-4308.2 (public contractors).
56
Tenn. Code § 50-1-703.
57
43 Penn. Stat. § 167.3 (public contractors); 43 Penn. Stat. §168.3 (private construction employers).
58
Act 200, Public Acts of 2012, Sec. 381.
59
W. Va. Code, § 15-2D-3.
60
The bill specifically provides that a few types of people or entities are not “employers,” and are thus exempt from using an
employment verification system. These include a homeowner who hires “casual labor” to be performed at the home, and a
homeowner who hires a licensed independent contractor to perform “a specified portion of labor or services.” The bill also
exempts employee leasing companies to the extent they operate under a contract that puts the primary burden for compliance
with the bill on the client company.
61
Currently, the U.S. Department of Homeland Security operates E-Verify to allow employers to electronically verify their
new hire’s employment eligibility.
BILL: CS/CS/SB 664 Page 8
A system that complies with IRCA,62 if the employer also maintains complete copies of all
the records it used to establish an employee’s identity and employment authorization under
the IRCA for at least 3 years, or for 1 year after the employee ceases to provide services to
the employer, whichever is later.
The requirement that private employers use an employment verification system will generally
apply to employers that have 20 or more Florida employees once it has been phased-in on the
following schedule:
On January 1, 2021, for private employers with at least 500 employees;
On July 1, 2021, for private employers with at least 100 Florida employees; and
On January 1, 2022, for private employers with at least 20 or more Florida employees.
If an employer fails to register with an employment verification system, it could face a fine of up
to $500 and be required to register within 30 days. The Department of Economic Opportunity
(DEO) must order the appropriate agency to suspend all of the employer’s applicable licenses if
the business fails to register by this deadline.
The bill also provides immunity from civil or criminal liability for decisions made by an
employer based on its reliance on an employment-verification system. For instance, an employer
who relies on E-Verify’s indication that a person is unauthorized may not be sued for refusing to
hire the person. If E-Verify indicates that an employee is authorized to work in the United States,
there is a rebuttable presumption that the employer did not knowingly employ an unauthorized
alien. However, this immunity does not apply to a government employer under the bill.
The bill further requires public employers that enter into contracts in excess of $35,000 to
register with and use an employment verification system to validate the work authorization status
of all new employees and identify whether an employee is an unauthorized alien. Additionally,
certain contractors and subcontractors who have entered into, or are attempting to enter into, a
contract with a public employer must register with and use an employment verification system.
Only those contractors or subcontractors that have more than 10 employees in Florida and that
have contracts with a public employer that are valued in excess of $35,000 are required to
comply with these requirements. A public employer or contractor or subcontractor is prohibited
from entering into a contract unless each party registers with and uses an employment
verification system. These requirements take effect on public employers and their contractors
and subcontractors on July 1, 2021.
Additionally, specific state contracts in excess of $35,000 in value must include a provision that
requires the contractor or subcontractor that performs work under the contract to register with
and use an employment verification system for all new employees it hires in Florida during the
contract’s term.
Finally, the bill requires the DEO to adopt rules that outline the qualifications of an alternative
employment authorization system that is at least as effective as E-Verify in identifying
unauthorized aliens and persons authorized to work in the United States.
62
8 U.S.C. 1324a
BILL: CS/CS/SB 664 Page 9
The bill takes effect July 1, 2020, but phases in use requirements through July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
To the extent that an employer does not currently use an employment verification system,
the bill could increase costs to employers of 20 or more employees in Florida. Though the
federal government does not charge a fee for the use of E-Verify, using E-Verify or
another employment verification system could increase the labor involved in onboarding
an employee, especially if the initial response for that employee is not “Employment
Authorized.”
C. Government Sector Impact:
The DEO is required to enforce the suspension of the license of an employer that fails to
register with an employment verification system. This enforcement may occur at the local
government level and at specific state agencies. This additional enforcement duty will
likely result in additional costs to the DEO.
VI. Technical Deficiencies:
None.
BILL: CS/CS/SB 664 Page 10
VII. Related Issues:
The bill has a requirement that a public employer and contractor and subcontractor must all
register with and use an employment verification system prior to entering into contracts above
certain dollar thresholds. The definition of a contractor at lines 116-119 includes those who
“entered into, or is attempting to enter into” a contract with a public employer. When read
together, this may have the effect of requiring any contractor who has contracted with a public
employer to use an employment verification system indefinitely. The bill further includes a
provision that may be inconsistent with the above requirement, which requires contractors and
subcontractors who perform work pursuant to a contract valued in excess of $35,000 with the
state to submit any new employees they hire in Florida during the pendency of the contract to an
employment verification system. It is therefore unclear how long a contractor must continue its
use of an employment verification system.
Lines 141-144 require public employers, contractors, and subcontractors to “register with and
use an employment verification system to verify the work authorization status of all new
employees and identify whether an employee is an unauthorized alien.” When read in
conjunction with lines 95-99, it appears that the intent of the italicized language is related to the
verification of new employees. The italicized language could be clarified or deleted, if the intent
is not to create a duty to verify the work status of existing employees.
Some provisions in the bill require an employer to “register with and use” an employment
verification system, while other provisions require an employer to “use” an employment
verification system. It is unclear if it is possible to register with the system contemplated in lines
193-198.
VIII. Statutes Affected:
This bill amends section 287.058 of the Florida Statutes.
This bill creates sections 287.137 and 448.093 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on February 18, 2020:
Clarifies that employee thresholds in the bill are based on only those employees in
Florida;
Requires agricultural employers to use an employment verification system;
Revises the employee threshold and implementation dates as follows:
o Public employers and their contractors and subcontractors must register with and
use a system by July 1, 2021, and
o Private employers of 100 or more employees must register with a system by July
1, 2021, and
o Private employers of 20 or more employees must register with a system by
January 1, 2022.
BILL: CS/CS/SB 664 Page 11
Reduces the contract value threshold which subjects a contractor or subcontractor
who works with a public employer to the verification requirements from $195,000
and $65,000 per contract, respectively, to $35,000 per contract;
Requires all state contracts valued in excess of $35,000 to include a provision that
requires a contractor or subcontractor who performs work pursuant to the contract to
register with and use an employment verification system for all of its new employees
hired in Florida during the term of the contract; and
Provides for alternate employment verification systems, including a system that the
employer certifies is substantially equivalent to E-Verify or a system that complies
with IRCA.
CS by Judiciary on February 11, 2020:
The committee substitute:
Authorizes the DEO to designate an alternative (non-E-Verify) employment
verification system;
Phases in the required use of an employment verification system by private
employers, based on number of employees (largest employers first);
Exempts agricultural employers from the use of an employment verification system;
Requires contractors and subcontractors having a contract with a department, agency,
political subdivision of the state to use an employee verification system only if they
meet certain thresholds, including contract value;
Alters the penalties for failing to use an employment verification system;
Removes penalties provided in the bill for knowingly employing an unauthorized
alien (these penalties were additional to those already provided in law);
Removes the bill’s requirement that DEO act on complaints that an employer had
failed to use E-Verify;
Removes the bill’s provisions expressly authorizing an employer or employee to seek
an injunction against the bill’s enforcement provisions;
Removes the bill’s provisions making it an unfair trade practice to terminate an
authorized employee while employing an unauthorized alien; and
Removes several of the bill’s provisions regarding parties to public contracts,
including the:
o Required termination of a contract by a party who believes another party is not
using E-Verify.
o Prohibition on a contractor’s entering into a public contract for one year if the
contractor fails to use E-Verify.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì1105763Î110576
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Lee) recommended the
following:
1 Senate Amendment
2
3 Delete lines 39 - 182
4 and insert:
5 287.137 Verification of work authorization status; public
6 employers.—
7 (1) As used in this section, the term:
8 (a) “Contractor” means a person or an entity that has more
9 than 10 employees in this state and has entered into, or is
10 attempting to enter into, a contract with a public employer to
Page 1 of 6
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì1105763Î110576
11 provide labor, supplies, or services to such employer.
12 (b) “Employee” has the same meaning as provided in s.
13 448.093.
14 (c) “Employment verification system” has the same meaning
15 as provided in s. 448.093.
16 (d) “Public employer” means a department, an agency, or a
17 political subdivision of this state which enters into, or
18 attempts to enter into, a contract with a contractor for an
19 amount that will, or is expected to, exceed the CATEGORY TWO
20 threshold amount provided in s. 287.017.
21 (e) “Subcontractor” means a person or an entity that has
22 more than 10 employees in this state and provides labor,
23 supplies, or services to or for a contractor or another
24 subcontractor pursuant to a contract that will, or is expected
25 to, exceed the CATEGORY TWO threshold amount provided in s.
26 287.017.
27 (f) “Unauthorized alien” means a person who is not
28 authorized under federal law to be employed in the United
29 States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall
30 be interpreted consistently with that section and any applicable
31 federal rules or regulations.
32 (2) On or after July 1, 2021:
33 (a) Every public employer, contractor, and subcontractor
34 shall register with and use an employment verification system to
35 verify the work authorization status of all new employees and
36 identify whether an employee is an unauthorized alien.
37 (b) A public employer or a contractor or subcontractor in
38 this state may not enter into a contract under this section
39 unless each party to the contract registers with and uses an
Page 2 of 6
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì1105763Î110576
40 employment verification system.
41 Section 2. Section 448.093, Florida Statutes, is created to
42 read:
43 448.093 Definitions; use of employment verification system
44 required for private employers; business licensing enforcement.—
45 (1) DEFINITIONS.—As used in this section, the term:
46 (a) “Agency” means an agency, a department, a board, or a
47 commission of this state or a county, or municipality issuing a
48 license to operate a business in this state.
49 (b) “Department” means the Department of Economic
50 Opportunity.
51 (c) “Employee” means an individual whose work is performed
52 under the direction and supervision of the employer and whose
53 employer withholds tax pursuant to the Federal Insurance
54 Contributions Act (FICA) or federal income tax from the
55 individual’s compensation, or whose employer issues an Internal
56 Revenue Service W-2 form, but not an Internal Revenue Service
57 Form 1099, to an individual for purposes of documenting
58 compensation. The term does not include a licensed independent
59 contractor as defined in federal laws or regulations.
60 (d) “Employer” means a person or an entity in this state
61 which employs an employee. The term does not include:
62 1. A government employer.
63 2. The occupant or owner of a private residence who hires:
64 a. Casual labor, as defined in s. 443.036, to be performed
65 entirely within the private residence; or
66 b. A licensed independent contractor, as defined in federal
67 laws or regulations, to perform a specified portion of labor or
68 services.
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Bill No. CS for SB 664
Ì1105763Î110576
69
70 3. An employee leasing company licensed pursuant to part XI
71 of chapter 468 which enters into a written agreement or
72 understanding with a client company which places the primary
73 obligation for compliance with this section upon the client
74 company. In the absence of a written agreement or understanding,
75 the term includes an employee leasing company.
76 (e) “Employment verification system” means:
77 1. An Internet-based system operated by the United States
78 Department of Homeland Security which allows participating
79 employers to electronically verify the employment eligibility of
80 newly hired employees; or
81 2. A substantially equivalent electronic employment
82 verification system that is permissible under department rule.
83 (f) “Knowingly employ an unauthorized alien” has the same
84 meaning as in 8 U.S.C. s. 1324a. The term shall be interpreted
85 consistently with 8 U.S.C. s. 1324a and any applicable federal
86 rules or regulations.
87 (g) “License” means a franchise, a permit, a certificate,
88 an approval, a registration, a charter, or any similar form of
89 authorization required by state law and issued by an agency for
90 the purpose of operating a business in this state. The term
91 includes, but is not limited to:
92 1. An article of incorporation.
93 2. A certificate of partnership, a partnership
94 registration, or an article of organization.
95 3. A grant of authority issued pursuant to state or federal
96 law.
97 4. A transaction privilege tax license.
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Bill No. CS for SB 664
Ì1105763Î110576
98 (h) “Unauthorized alien” means a person who is not
99 authorized under federal law to be employed in the United
100 States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall
101 be interpreted consistently with that section and any applicable
102 federal rules or regulations.
103 (2) VERIFICATION OF EMPLOYMENT ELIGIBILITY; FINE FOR
104 VIOLATION; SUSPENSION OF BUSINESS LICENSE.—
105 (a) An employer shall, after making an offer of employment
106 which has been accepted by an individual, use an employment
107 verification system to verify such individual's employment
108 eligibility. Verification must occur within the period
109 stipulated by applicable federal rules or regulations. However,
110 an employer is not required to verify the employment eligibility
111 of a continuing employee hired before the date of the employer’s
112 registration with an employment verification system.
113 (b) The requirement to use an employment verification
114 system shall be phased in as follows:
115 1. Employers having at least 500 employees in this state
116 must use an employment verification system beginning January 1,
117 2021.
118 2. Employers having at least 250 employees in this state
119 must use an employment verification system beginning July 1,
120 2021.
121 3. Employers having at least 150 employees in this state
122 must use an employment verification system beginning January 1,
123 2022.
124 4. Employers having more than 10 employees in this state
125 must use an employment verification system 90 days after the
126 effective date of any federal law, rule, regulation, or program
Page 5 of 6
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Bill No. CS for SB 664
Ì1105763Î110576
127 that authorizes this state to issue a work permit, whether
128 temporary or permanent, to a qualifying undocumented alien.
129 (c) If an employer does not register with an employment
130 verification system, the department may impose a fine of up to
131 $500 on the employer, who must then register with an employment
132 verification system and provide an affidavit of stating such
133 fact to the department within 30 days. If the employer does not
134 register with and provide the required affidavit within 30 days
135 after the imposition of the fine becomes final, the department
136 must order the appropriate agency to suspend all applicable
137 licenses held by the employer until the employer registers with
138 an employment verification system and provides the department
139 with the required affidavit.
Page 6 of 6
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì910906(Î910906
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Lee) recommended the
following:
1 Senate Amendment to Amendment (110576)
2
3 Between lines 4 and 5
4 insert:
5 Section 1. Subsection (1) of section 287.058, Florida
6 Statutes, is amended to read:
7 287.058 Contract document.—
8 (1) Every procurement of contractual services in excess of
9 the threshold amount provided in s. 287.017 for CATEGORY TWO,
10 except for the providing of health and mental health services or
Page 1 of 4
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì910906(Î910906
11 drugs in the examination, diagnosis, or treatment of sick or
12 injured state employees or the providing of other benefits as
13 required by chapter 440, shall be evidenced by a written
14 agreement embodying all provisions and conditions of the
15 procurement of such services, which shall, where applicable,
16 include, but not be limited to, a provision:
17 (a) That bills for fees or other compensation for services
18 or expenses be submitted in detail sufficient for a proper
19 preaudit and postaudit thereof.
20 (b) That bills for any travel expenses be submitted in
21 accordance with s. 112.061. A state agency may establish rates
22 lower than the maximum provided in s. 112.061.
23 (c) Allowing unilateral cancellation by the agency for
24 refusal by the contractor to allow public access to all
25 documents, papers, letters, or other material made or received
26 by the contractor in conjunction with the contract, unless the
27 records are exempt from s. 24(a) of Art. I of the State
28 Constitution and s. 119.07(1).
29 (d) Specifying a scope of work that clearly establishes all
30 tasks the contractor is required to perform.
31 (e) Dividing the contract into quantifiable, measurable,
32 and verifiable units of deliverables that must be received and
33 accepted in writing by the contract manager before payment. Each
34 deliverable must be directly related to the scope of work and
35 specify a performance measure. As used in this paragraph, the
36 term “performance measure” means the required minimum acceptable
37 level of service to be performed and criteria for evaluating the
38 successful completion of each deliverable.
39 (f) Specifying the criteria and the final date by which
Page 2 of 4
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì910906(Î910906
40 such criteria must be met for completion of the contract.
41 (g) Specifying that the contract may be renewed for a
42 period that may not exceed 3 years or the term of the original
43 contract, whichever is longer, specifying the renewal price for
44 the contractual service as set forth in the bid, proposal, or
45 reply, specifying that costs for the renewal may not be charged,
46 and specifying that renewals are contingent upon satisfactory
47 performance evaluations by the agency and subject to the
48 availability of funds. Exceptional purchase contracts pursuant
49 to s. 287.057(3)(a) and (c) may not be renewed.
50 (h) Specifying the financial consequences that the agency
51 must apply if the contractor fails to perform in accordance with
52 the contract.
53 (i) Addressing the property rights of any intellectual
54 property related to the contract and the specific rights of the
55 state regarding the intellectual property if the contractor
56 fails to provide the services or is no longer providing
57 services.
58 (j) Requiring a contractor or any subcontractor performing
59 a portion of the contract to register with and use an employment
60 verification system to the extent required by s. 287.137 for all
61 new employees hired in this state during the term of the
62 contract.
63
64 In lieu of a written agreement, the agency may authorize the use
65 of a purchase order for classes of contractual services if the
66 provisions of paragraphs (a)-(i) are included in the purchase
67 order or solicitation. The purchase order must include, but need
68 not be limited to, an adequate description of the services, the
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Bill No. CS for SB 664
Ì910906(Î910906
69 contract period, and the method of payment. In lieu of printing
70 the provisions of paragraphs (a)-(c) and (g) in the contract
71 document or purchase order, agencies may incorporate the
72 requirements of paragraphs (a)-(c) and (g) by reference.
73 Section 2. Section 287.137, Florida Statutes, is created to
74 read:
Page 4 of 4
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì272804#Î272804
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Torres) recommended the
following:
1 Senate Amendment to Amendment (110576)
2
3 Delete lines 32 - 123
4 and insert:
5 (2) On or after July 1, 2022:
6 (a) Every public employer, contractor, and subcontractor
7 shall register with and use an employment verification system to
8 verify the work authorization status of all new employees and
9 identify whether an employee is an unauthorized alien.
10 (b) A public employer or a contractor or subcontractor in
Page 1 of 4
2/17/2020 4:36:59 PM 577-03748-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì272804#Î272804
11 this state may not enter into a contract under this section
12 unless each party to the contract registers with and uses an
13 employment verification system.
14 Section 2. Section 448.093, Florida Statutes, is created to
15 read:
16 448.093 Definitions; use of employment verification system
17 required for private employers; business licensing enforcement.—
18 (1) DEFINITIONS.—As used in this section, the term:
19 (a) “Agency” means an agency, a department, a board, or a
20 commission of this state or a county, or municipality issuing a
21 license to operate a business in this state.
22 (b) “Department” means the Department of Economic
23 Opportunity.
24 (c) “Employee” means an individual whose work is performed
25 under the direction and supervision of the employer and whose
26 employer withholds tax pursuant to the Federal Insurance
27 Contributions Act (FICA) or federal income tax from the
28 individual’s compensation, or whose employer issues an Internal
29 Revenue Service W-2 form, but not an Internal Revenue Service
30 Form 1099, to an individual for purposes of documenting
31 compensation. The term does not include a licensed independent
32 contractor as defined in federal laws or regulations.
33 (d) “Employer” means a person or an entity in this state
34 which employs an employee. The term does not include:
35 1. A government employer.
36 2. The occupant or owner of a private residence who hires:
37 a. Casual labor, as defined in s. 443.036, to be performed
38 entirely within the private residence; or
39 b. A licensed independent contractor, as defined in federal
Page 2 of 4
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì272804#Î272804
40 laws or regulations, to perform a specified portion of labor or
41 services.
42 3. An employee leasing company licensed pursuant to part XI
43 of chapter 468 which enters into a written agreement or
44 understanding with a client company which places the primary
45 obligation for compliance with this section upon the client
46 company. In the absence of a written agreement or understanding,
47 the term includes an employee leasing company.
48 (e) “Employment verification system” means:
49 1. An Internet-based system operated by the United States
50 Department of Homeland Security which allows participating
51 employers to electronically verify the employment eligibility of
52 newly hired employees; or
53 2. A substantially equivalent electronic employment
54 verification system that is permissible under department rule.
55 (f) “Knowingly employ an unauthorized alien” has the same
56 meaning as in 8 U.S.C. s. 1324a. The term shall be interpreted
57 consistently with 8 U.S.C. s. 1324a and any applicable federal
58 rules or regulations.
59 (g) “License” means a franchise, a permit, a certificate,
60 an approval, a registration, a charter, or any similar form of
61 authorization required by state law and issued by an agency for
62 the purpose of operating a business in this state. The term
63 includes, but is not limited to:
64 1. An article of incorporation.
65 2. A certificate of partnership, a partnership
66 registration, or an article of organization.
67 3. A grant of authority issued pursuant to state or federal
68 law.
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Bill No. CS for SB 664
Ì272804#Î272804
69 4. A transaction privilege tax license.
70 (h) “Unauthorized alien” means a person who is not
71 authorized under federal law to be employed in the United
72 States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall
73 be interpreted consistently with that section and any applicable
74 federal rules or regulations.
75 (2) VERIFICATION OF EMPLOYMENT ELIGIBILITY; FINE FOR
76 VIOLATION; SUSPENSION OF BUSINESS LICENSE.—
77 (a) An employer shall, after making an offer of employment
78 which has been accepted by an individual, use an employment
79 verification system to verify such individual’s employment
80 eligibility. Verification must occur within the period
81 stipulated by applicable federal rules or regulations. However,
82 an employer is not required to verify the employment eligibility
83 of a continuing employee hired before the date of the employer’s
84 registration with an employment verification system.
85 (b) The requirement to use an employment verification
86 system shall be phased in as follows:
87 1. Employers having at least 500 employees in this state
88 must use an employment verification system beginning January 1,
89 2022.
90 2. Employers having at least 250 employees in this state
91 must use an employment verification system beginning July 1,
92 2022.
93 3. Employers having at least 150 employees in this state
94 must use an employment verification system beginning January 1,
95 2023.
Page 4 of 4
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì116778YÎ116778
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Torres) recommended the
following:
1 Senate Amendment to Amendment (110576)
2
3 Between lines 75 and 76
4 insert:
5 4. An agricultural employer, which includes any person who
6 owns or operates a farm, ranch, processing establishment,
7 cannery, gin, packing shed, or nursery, or who produces or
8 conditions seed, and who either recruits, solicits, hires,
9 employs, furnishes, or transports any migrant or seasonal
10 agricultural worker. This subparagraph is repealed 90 days after
Page 1 of 2
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì116778YÎ116778
11 the effective date of any federal law, rule, regulation, or
12 program that authorizes this state or a federal agency to grant
13 temporary legal status to an unauthorized alien who can
14 demonstrate that he or she has performed agricultural work in
15 the United States for not fewer than 575 hours or 100 work days
16 during a 2-year period and has maintained a continuous presence
17 in the United States, except for brief absences, during that
18 period.
Page 2 of 2
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì400132_Î400132
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Torres) recommended the
following:
1 Senate Amendment to Amendment (110576)
2
3 Between lines 75 and 76
4 insert:
5 4. An employer engaged in the construction industry as
6 defined in s. 440.02.
Page 1 of 1
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì8640384Î864038
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Torres) recommended the
following:
1 Senate Amendment to Amendment (110576)
2
3 Between lines 75 and 76
4 insert:
5 4. A public lodging establishment or a public food service
6 establishment licensed under part I of chapter 509.
Page 1 of 1
2/17/2020 4:34:58 PM 577-03717-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì904628<Î904628
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Torres) recommended the
following:
1 Senate Amendment to Amendment (110576)
2
3 Between lines 75 and 76
4 insert:
5 4. An employer who is a health care provider as defined in
6 s. 766.101(1)(b).
Page 1 of 1
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì429510xÎ429510
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Lee) recommended the
following:
1 Senate Amendment to Amendment (110576)
2
3 Delete lines 80 - 82
4 and insert:
5 newly hired employees;
6 2. A system to verify whether an employee is an
7 unauthorized alien that an employer certifies, under penalty of
8 perjury, on a form provided by the department as a substantially
9 equivalent electronic employment verification system to that
10 specified in subparagraph (e)1.; or
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Bill No. CS for SB 664
Ì429510xÎ429510
11 3. A system that complies with 8 U.S.C. 1324a and the
12 employer maintains complete copies of all records used to
13 establish an employee's identity and employment authorization
14 for at least 3 years after the employer receives the records or
15 1 year after the employee ceases to provide services to the
16 employer, whichever is later.
Page 2 of 2
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì952034|Î952034
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Lee) recommended the
following:
1 Senate Amendment to Amendment (110576)
2
3 Delete lines 118 - 128
4 and insert:
5 2. Employers having at least 100 employees in this state
6 must use an employment verification system beginning July 1,
7 2021.
8 3. Employers having at least 20 employees in this state
9 must use an employment verification system beginning January 1,
10 2022.
Page 1 of 1
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì2958428Î295842
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Torres) recommended the
following:
1 Senate Amendment
2
3 Between lines 121 and 122
4 insert:
5 5. An employer engaged in the construction industry as
6 defined in s. 440.02.
Page 1 of 1
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì451260sÎ451260
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Torres) recommended the
following:
1 Senate Amendment
2
3 Between lines 121 and 122
4 insert:
5 5. A public lodging establishment or a public food service
6 establishment licensed under part I of chapter 509.
Page 1 of 1
2/17/2020 9:41:29 AM 577-03701-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 664
Ì687662BÎ687662
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Torres) recommended the
following:
1 Senate Amendment
2
3 Between lines 121 and 122
4 insert:
5 5. An employer who is a health care provider as defined in
6 s. 766.101(1)(b).
Page 1 of 1
2/17/2020 9:42:43 AM 577-03702-20
Florida Senate - 2020 CS for SB 664 Florida Senate - 2020 CS for SB 664
By the Committee on Judiciary; and Senators Lee, Gruters, and
Harrell
590-03510A-20 2020664c1 590-03510A-20 2020664c1
1 A bill to be entitled 30 employment verification systems substantially
2 An act relating to the verification of employment 31 equivalent to the E-Verify system; providing
3 eligibility; creating s. 287.137, F.S.; defining 32 requirements for such rules; providing an effective
4 terms; requiring public employers and certain 33 date.
5 contractors and subcontractors to register with and 34
6 use an employment verification system by a specified 35 Be It Enacted by the Legislature of the State of Florida:
7 date; prohibiting public employers, contractors, and 36
8 subcontractors from entering into a contract unless 37 Section 1. Section 287.137, Florida Statutes, is created to
9 each party to the contract registers with and uses an 38 read:
10 employment verification system; creating s. 448.093, 39 287.137 Verification of work authorization status; public
11 F.S.; defining terms; requiring employers who meet 40 employers.—
12 specified criteria to register with and use an 41 (1) As used in this section, the term:
13 employment verification system to verify the 42 (a) “Contractor” means a person or an entity that has more
14 employment eligibility of new employees; prescribing 43 than 10 employees and has entered into, or is attempting to
15 an implementation schedule for the employment 44 enter into, a contract with a public employer to provide labor,
16 verification requirement; authorizing the imposition 45 supplies, or services to such employer.
17 of fines for violations of the act; requiring a 46 (b) “Employee” has the same meaning as provided in s.
18 violating employer to submit certain affidavits to the 47 448.093.
19 Department of Economic Opportunity; requiring the 48 (c) “Employment verification system” has the same meaning
20 department to order the appropriate licensing agency 49 as provided in s. 448.093.
21 to suspend an employer’s license under certain 50 (d) “Public employer” means a department, an agency, or a
22 circumstances; providing civil immunity for an 51 political subdivision of this state which enters into, or
23 employer registered with and using an employment 52 attempts to enter into, a contract with a contractor for an
24 verification system; providing specified immunity and 53 amount that will, or is expected to, exceed the CATEGORY FOUR
25 nonliability for an employer who complies in good 54 threshold amount provided in s. 287.017.
26 faith with the requirements of the act; creating a 55 (e) “Subcontractor” means a person or an entity that has
27 rebuttable presumption for certain employers that the 56 more than 10 employees and provides labor, supplies, or services
28 employer did not knowingly employ an unauthorized 57 to or for a contractor or another subcontractor pursuant to a
29 alien; requiring the department to define by rule 58 contract that will, or is expected to, exceed the CATEGORY THREE
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59 threshold amount provided in s. 287.017. 88 individual’s compensation, or whose employer issues an Internal
60 (f) “Unauthorized alien” means a person who is not 89 Revenue Service W-2 form, but not an Internal Revenue Service
61 authorized under federal law to be employed in the United 90 Form 1099, to an individual for purposes of documenting
62 States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall 91 compensation. The term does not include a licensed independent
63 be interpreted consistently with that section and any applicable 92 contractor as defined in federal laws or regulations.
64 federal rules or regulations. 93 (d) “Employer” means a person or an entity in this state
65 (2) On or after July 1, 2022: 94 which employs an employee. The term does not include:
66 (a) Every public employer, contractor, and subcontractor 95 1. A government employer.
67 shall register with and use an employment verification system to 96 2. The occupant or owner of a private residence who hires:
68 verify the work authorization status of all new employees and 97 a. Casual labor, as defined in s. 443.036, to be performed
69 identify whether an employee is an unauthorized alien. 98 entirely within the private residence; or
70 (b) A public employer or a contractor or subcontractor in 99 b. A licensed independent contractor, as defined in federal
71 this state may not enter into a contract under this section 100 laws or regulations, to perform a specified portion of labor or
72 unless each party to the contract registers with and uses an 101 services.
73 employment verification system. 102 3. An agricultural employer, which includes any person who
74 Section 2. Section 448.093, Florida Statutes, is created to 103 owns or operates a farm, ranch, processing establishment,
75 read: 104 cannery, gin, packing shed, or nursery, or who produces or
76 448.093 Definitions; use of employment verification system 105 conditions seed, and who either recruits, solicits, hires,
77 required for private employers; business licensing enforcement.— 106 employs, furnishes, or transports any migrant or seasonal
78 (1) DEFINITIONS.—As used in this section, the term: 107 agricultural worker. This subparagraph is repealed 90 days after
79 (a) “Agency” means an agency, a department, a board, or a 108 the effective date of any federal law, rule, regulation, or
80 commission of this state or a county, municipality, or town 109 program that authorizes this state or a federal agency to grant
81 issuing a license to operate a business in this state. 110 temporary legal status to an unauthorized alien who can
82 (b) “Department” means the Department of Economic 111 demonstrate that he or she has performed agricultural work in
83 Opportunity. 112 the United States for not fewer than 575 hours or 100 work days
84 (c) “Employee” means an individual whose work is performed 113 during a 2-year period and has maintained a continuous presence
85 under the direction and supervision of the employer and whose 114 in the United States, except for brief absences, during that
86 employer withholds tax pursuant to the Federal Insurance 115 period.
87 Contributions Act (FICA) or federal income tax from the 116 4. An employee leasing company licensed pursuant to part XI
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Florida Senate - 2020 CS for SB 664 Florida Senate - 2020 CS for SB 664
590-03510A-20 2020664c1 590-03510A-20 2020664c1
117 of chapter 468 which enters into a written agreement or 146 States, as described in 8 U.S.C. s. 1324a(h)(3). The term shall
118 understanding with a client company which places the primary 147 be interpreted consistently with that section and any applicable
119 obligation for compliance with this section upon the client 148 federal rules or regulations.
120 company. In the absence of a written agreement or understanding, 149 (2) VERIFICATION OF EMPLOYMENT ELIGIBILITY; FINE FOR
121 the term includes an employee leasing company. 150 VIOLATION; SUSPENSION OF BUSINESS LICENSE.—
122 (e) “Employment verification system” means: 151 (a) An employer shall, after making an offer of employment
123 1. An Internet-based system operated by the United States 152 which has been accepted by a person, use an employment
124 Department of Homeland Security which allows participating 153 verification system to verify such person’s employment
125 employers to electronically verify the employment eligibility of 154 eligibility. Verification must occur within the period
126 newly hired employees; or 155 stipulated by applicable federal rules or regulations. However,
127 2. A substantially equivalent electronic employment 156 an employer is not required to verify the employment eligibility
128 verification system that is permissible under department rule. 157 of a continuing employee hired before the date of the employer’s
129 (f) “Knowingly employ an unauthorized alien” has the same 158 registration with an employment verification system.
130 meaning as in 8 U.S.C. s. 1324a. The term shall be interpreted 159 (b) The requirement to use an employment verification
131 consistently with 8 U.S.C. s. 1324a and any applicable federal 160 system shall be phased in as follows:
132 rules or regulations. 161 1. Employers having at least 500 employees must use an
133 (g) “License” means a franchise, a permit, a certificate, 162 employment verification system beginning January 1, 2021.
134 an approval, a registration, a charter, or any similar form of 163 2. Employers having at least 250 employees must use an
135 authorization required by state law and issued by an agency for 164 employment verification system beginning July 1, 2021.
136 the purpose of operating a business in this state. The term 165 3. Employers having at least 150 employees must use an
137 includes, but is not limited to: 166 employment verification system beginning January 1, 2022.
138 1. An article of incorporation. 167 4. Employers having more than 10 employees must use an
139 2. A certificate of partnership, a partnership 168 employment verification system 90 days after the effective date
140 registration, or an article of organization. 169 of any federal law, rule, regulation, or program that authorizes
141 3. A grant of authority issued pursuant to state or federal 170 this state to issue a work permit, whether temporary or
142 law. 171 permanent, to a qualifying undocumented alien.
143 4. A transaction privilege tax license. 172 (c) If an employer does not register with an employment
144 (h) “Unauthorized alien” means a person who is not 173 verification system, the department may impose a fine of up to
145 authorized under federal law to be employed in the United 174 $500 on the employer, who must then register with an employment
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Florida Senate - 2020 CS for SB 664 Florida Senate - 2020 CS for SB 664
590-03510A-20 2020664c1 590-03510A-20 2020664c1
175 verification system and provide an affidavit of stating such 204 failure, when determining final action on a person’s work
176 fact to the department within 30 days. If the employer does not 205 authorization status.
177 register with and provide the required affidavit within 30 days 206 (b) For purposes of this subsection, compliance with
178 after the imposition of the fine becomes final, the department 207 subsection (2) creates a rebuttable presumption that an employer
179 must order the appropriate agency to suspend all applicable 208 did not knowingly employ an unauthorized alien in violation of
180 licenses held by the employer until the employer registers with 209 s. 448.09.
181 an employment verification system and provides the department 210 (4) RULEMAKING.—The department shall adopt rules to define
182 with the required affidavit. 211 an employment verification system, if any, that is substantially
183 (3) EMPLOYMENT OF UNAUTHORIZED ALIENS; IMMUNITY.— 212 equivalent to or more effective than the E-Verify system with
184 (a)1. An employer registered with and using an employment 213 respect to identifying unauthorized aliens and those persons
185 verification system may not be held civilly liable in a cause of 214 eligible to work in the United States. The rules must identify
186 action for the employer’s: 215 the types of databases, methodologies, and evidence of identity
187 a. Hiring of an unauthorized alien if the information 216 and employment eligibility that qualify an employment
188 obtained from the employment verification system indicated that 217 verification system as substantially equivalent to or more
189 the person’s work authorization status was not that of an 218 effective than the E-Verify system.
190 unauthorized alien; or 219 Section 3. This act shall take effect July 1, 2020.
191 b. Refusal to hire a person if the information obtained
192 from the employment verification system indicated that the
193 person’s work authorization status was that of an unauthorized
194 alien.
195 2. An employer who in good faith registers with and uses an
196 employment verification system is considered to have complied
197 with the requirements of 8 U.S.C. s. 1324a(b) and may not be
198 held liable for any damages and is immune from any legal cause
199 of action brought by any person or entity, including former
200 employees, for the use of and reliance upon any incorrect
201 information obtained from the employment verification system,
202 including any incorrect information obtained as a result of an
203 isolated, sporadic, or accidental technical or procedural
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The Florida Senate
appearance record
9 .Q
f l 111)
Del,vsr BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting,
Meetihg Date
pli
Bill Number (if applicable)
ii x
Amendment Barcode (if applicable)
Phone
Email
Speaking: For Against information
Waive Speaking: In Support Against
( e Chair will read this information into the record.)
Representing _ V \ O -f ,r
Appearing at request of Chair: Q Yes ) No
Lobbyist registered with Legislature: Pg es Q o
mee® 9- Those wh0 d0 speak t0 be heard at this
This form is pan of t e pubiic record for this P be
meeting.
The Florida Senate
Bill Number (if applicable)
Amendment Barcode (if applicable)
City
State
Speaking: Q For Against Information
rr Vr fPeav,in9: ln Support nAqains
(The C air w,ll read t is information int lhe recor ]
Representing
Appearing at request of Chair: Q Yes
Lobbyist registered with Legislature: Q Yes No
This form is part of the public r cord for this
meeting.
The Florida Senate
(De,iuer bo™ «*• e f ductlng
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Meetina Data
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?-£ f
Phone
The lorida Senate
appeara ce record
(Deliver BOTH copies of this form to t e Senator
or Senate Professional Staff conducting the
Meetin Date meeting)
Bill Number (if a plicable)
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Job Title
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hone / S r ~
Email
Speaking: QFor Against Q Information
r f V r the record.)
Representing
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A . JJA/i t /| ./ ,
This form i part of the public cnrrl fr r
The Florida Senate
Speaking: J For Against information
Waive Speaking: In Support rlAaainst
(The Chair will read this information intothencort)
Representing
Appearing at request of Chair: Yes'
Lobbyist registered with Legislature: Yes
This form is part of the public record fn, 7 P 3SP Can be h .
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
02/18/2020 CS-SB 664
Meeting Date
Bill Number (if applicable)
Topic Committee Substitute for Senate Bill 664
Amendment Barcode (if applicable)
Name David Barkey
Job Title r- Southeastern Counsel, ADL (Anti-Defamation League)
Address 5295 Town Center Road, Ste. 300 Phone 561-988-2912
Street
Boca Raton FL 33486 Email dbarkey@adl-org
City State Zip
Speaking: I lFor Against | [information Waive Speaking
In Support I Against
(The Chair will read this information into the record.)
Representing ADL (Anti-Defamation League)
Appearing at request of Chair: l (Yes l_ | No Lobbyist registered with Legislature: Yes l l No
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. s_001 {-\mA 4)
The Florida Senate
QQ (Deliver BOTH copie ¦S of this form to th s
' JCJ 6 enat0r0rSenaleProfesslo"al Staff conducting the meeting)
i
Bill Number (if applicable)
Amendment Barcode (if applicable)
Address _7 y )
Street
Phone Scj$- 2
i Yarn y fje<iC k
City E m 3 j 1 y
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Speaking: For QAg ninft)fmatjon
Representing Flo I- ) A L,
" zL /V i
Appearing at request of Chair: Q Yes no
Lobbyist registered with Legislature: Yes No
This form is part of the Duhii r ,- ,-, YP Possible can be heard.
The Florida Senate
appearance record
al, ar BOTH cop.es of fhis form to the Senator or Senate Professional Staff conduoting the meeting)
Meet/Jig Date
fJl
Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name ICpv P,lM
Job Title _ l)i>t
Address UJ
Street Phone #1 3
City
PL State
EmaiLrme
Zip
Speaking: For Against Q Information 3
Speaking: Din Support CTAgainst
(The Chair will read this information irftolhe record.)
Representing _ A/ Cewc ,
Appearing at request of Chair: Yes
Lobbyist registered with Legislature: Yes 0NO
This form is part of the public record for this meeting.
The Florida Senate
APPEARANCE RECORD ,'C?L
02 l i llO 2 O' (Deli' er B°TH C<>PieS °f iS f°rm ,0 the Sena,°r Sena,e Pr0,eSSi0nal S,aff •» eeting) "
meting Date 0&
Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name (hi r 0 (O' c
Job Title [) ( (
Address 0 (AJ O fOO-ovAoh. T Phone
Street
lO/i \ mS5 f r i~ 2oo / Email
City State zip
Speaking: For Against Information
Wai e Cpeaking: In Support N Against)
(The Chair will read this information iht th ree&r f)
Representing
Appearing at request of Chair: Yes Q lo
Lobbyist registered with Legislature: Yes
This form is part of the public record for this meeting.
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r appearance record
e , er BOTH copies of this font, to t e Senator or Senate Professional Staff conducting the meeting)
Meeting Date •1
B I Number (if applicable)
Amendment Barcode (if applicable)
Address
Street 11 j i jg-
City
Speaking. [ ]For Cl] Against CII Information
Cln. SuPP°rt ® Against
( 77)e Chair will read this information into the record.)
Representing \
Appearing at request of Chair: Q Yes No
Lobbyist registered with Legislature: Yes No
This form is part of the public record for this meetino.
The Florida Senate
APPEARANCE RECORD
$Jj$ll_aZ£> <De'iVer B°TH C°PieS 0f 'hlS ,0rm ,0 ,he Senator °r Se™te P ofessional Staff conduoting the meeting)
fleetin Date t«1 I I / /
Bill Number ((if applicable)
Topic _ /H t> t- vy\ e [ y( / f i o f/
Amendment Barcode (if applicable)
Name r& i l Ai
Job Title Y -j
Address
Street
E JL d Phone 0 ->24
0
Clty 1 State
<2zk> l Email r U joa
Zip r~ri
Speaking: For Against | | Information
Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing ,, ,
LT C-o OfAA <r.
Appearing at request of Chair: Yes [vIno
Lobbyist registered with Legislature: fYes No
This form is part of the public record for this meeting.
s-n ( \nMAHA\
The Florida Senate
appearance record
1. jrt n" B°TH C°P'eS °f 'hiS f0rm 10 ,he Sena,°r Senafe Prafessioral S conduc the eeting, /
Meeting Dale
Bill Number (if applicable)
Topic olfl t kJrf VkiuFrA-na* )
Amendment Barcode (if applicable)
Name i t *..
-
Job Title y )\
Address . f o flc r 10786
Lreei .
Phon y <~i
c ty f
)A -4-ja Fmail
State 7/n
Speaking: nFor Against Information
Waive Speaking: In Support 0 Against
(The Chair will read this information into the record.)
Representing j i
?
Appearing at request of Chair: Q Yes Mno
Lobbyist registered with Legislature: [jjYes No
meeting. Those who do sP ™eSklTS at this
This form is part of the public record for this meeting.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
2/18/20 SB 664
Meeting Date Bill Number (if applicable)
Topic Mandatory E-Verify
Amendment Barcode (if applicable)
Name Kara Gross
Job Title Legislative Director
Address 4343 West Flagler St. phone 786-363-4436
Street ~
Miami FL 33134 Email k9ross@aclufl-°rg
City State Zip '
Speaking: For [ Against Q Information Waive Speaking: In Support l Against
(The Chair will read this information into the record.)
Representing American Civil Liberties Union of Florida
Appearing at request of Chair: E Yes 0 No Lobbyist registered with Legislature: 0YesD No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
appearance record
(Deliver BOTH copies of this fore ,o the Senator or Senate Professional Staff oonductinp the meeting,
Bill Number (if applicable)
Amendment Barcode (if applicable)
Address / 79
Street
kr Phone_
State
Email
Zip
Speaking: nFor Against information
Waive Speaking: CB Support Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes \ V(9o
Lobbyist registered with Legislature: Yes
meeting. Those w o do
This form is part of the public record for this meetina
The F orida Senate
APPEARANCE RECORD
(Deli er BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic VEjliFiCATr'y' ' l YAr/j TW ¦/;
{
V Amendment Barcode (if applicable)
Name -A\f/ G.
Job Title Tr ayyy is
Address / / ) iE / & /zl U ' f
Phone
Street
\jF c GX 2/ g Email
City Z' jk
22-
State Zip
Speaking: O For [ Against | | Information Waive Speaking: ]> hn Support | | Against
(The Chair will read this information into the record.)
Representing 5
Appearing at request of Chair: O Yes J3 No Lobbyist registered with Legislature: Q Yes g] No
time.may not Permit a// Persons wishir<9 to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard
This form is part of the public record for this meeting.
S-001 fin/14/1
The Florida Senate
APPEARANCE RECORD
\ 2eliver B0TH copies ofthis form t0 the Senator or Senate Professional Staff conducting the meeting)
C5y?3 s<i
Bill Number (if applicable)
Speaking: For | ] Against | | Information Waive Speaking: In Support [ c'Against
(The Chair will read this information intothe record.)
Representing L_ A/0 Vi/
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for thi* maatinn
Duplicate
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
2/18/2020 SB 664
Meeting Date Bill Number (if applicable)
Topic Tourism & Commerce Committee Re SB 664
Amendment Barcode (if applicable)
Name Alexis Davis
Job Title Policy Analyst
Address 1001 N. Orange Avenue Phone 407.440.1421 ext. 06
Street
Orlando FL 32801 Email davis@floridapolicy.org
city State zip
Speaking: For l l A ainst I I Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Policy Institute
Appearing at request of Chair: Q Yes 0 No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
Duplicate
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
2/18/2020 664
Meeting Date Bill Number (if applicable)
Topic E-Verify
Amendment Barcode (if applicable)
Name Alex Nowrasteh
Job Title Director of Immigration Studies
Address 1000 Massachusetts Ave NW Phone (202) 842-0200
Street
Washington, DC 20001 Email
City State Zip
Speaking: [. I For | | Against I l Information Waive Speaking: I I In Su port Q Against
(The Chair will read this information into the record.)
Representing Cato Institute
Appearing at request of Chair: Q Yes No Lobbyist registered with Legislature: I I Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do spe k may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting [fate Bill Number (if applicable)
Amendment Barcode (if applicable)
Phone fcrt 5% C I
Street
Email
City State Zip
ing:
Speaking For I oainst 1 1 Information Waive Speaking : In Support l \Against
(The Chair will read this information into the ecord.)
Representing oq1i ) 0A
Appearing at request of Chair: Q YesJ o Lobbyist registered with Legislature: Yes Q No
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
Amendment Barcode (if applicable)
Job Title p iftLir qlxc
Address Phone
Street,
a/\t~& o su Email
ity State
City ' State Zip
Speaking: O For Q] Against | | Information Waive Speaking: Q In Support [ Against
(The Chair will read this information inte e record.)
Representing P ottlTW LATDsIft PVKXA Ajp-TVJOg
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes Q No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
2/18/2020 SB 664
Meeting Date Bill Number (if applicable)
Topic Tourism & Commerce CoromittQe R6 SB 664 Amendment Barcode (if applicable)
Name Alexis Davis
Job Title Policy Analyst
Address N. Orange Avenue Phone 407.440.1421 ext. 706
Street
Orlando FL 32801 Email davis@floridapolicy.org
City State Zip
I 1 I 1
For | (Against | (Information Waive Speaking: In Support [3 Against
(The Chair will read this information into the record.)
Representing Florida Policy Institute
Appearing at request of Chair: Yes / No Lobbyist registered with Legislature: E Yes [2 No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deli er BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
r,
Meeting Date Bill Number (if applicable)
Topic / ~i # Amendment Barcode (if a plicable)
y * 2
Name f
Job Title
Address - * .. i -
Phone
Street
Email
City State Zip
/
Speaking: [ ] For [ 7] Against | | Information Waive Speaking: [7] In Support 77 Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: 7 Yes Lobbyist registered with Legislature: | | Yes No
While it is a Senate tradition to encourage ublic testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/CS/SB 680
INTRODUCER: Commerce and Tourism Committee and Senator Hutson and others
SUBJECT: Shark Fins
DATE: February 18, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dyson Rogers EN Fav/CS
2. McMillan McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 680 prohibits the sale of shark fins in Florida, and the import and export of shark fins
to and from Florida. However, the prohibition on sale and export does not apply to commercial
fishermen who hold a valid federal shark fishing permit on January 1, 2020, or to seafood dealers
who harvest and possess sharks, shark fins, and associated shark products that are legally landed,
handled, processed, and transported. This exception expires on January 1, 2025.
The bill takes effect on October 1, 2020.
II. Present Situation:
Pursuant to Article IV, s. 9 of the Florida Constitution, the Florida Fish and Wildlife
Conservation Commission exercises the regulatory and executive powers with respect to marine
life, including sharks.1 Florida’s shark population is diverse and includes species that range in
size from only a few feet to more than 40 feet in total length.2 Most species of sharks have slow
1
FLA. CONST. ART. IV, S. 9.
2
University of Florida’s Institute of Food and Agricultural Sciences (IFAS), Common Sharks in Florida, SGEF-203,
available at http://edis.ifas.ufl.edu/pdffiles/SG/SG06200.pdf (last visited Feb. 18, 2020).
BILL: CS/CS/SB 680 Page 2
rates of growth and late age-at-maturity, which limits their ability to withstand fishing pressure
and means they have a longer recovery time in response to overfishing.3
Global shark catches have tripled since 1950 and reached an all-time high of 888,000 tons in
2000.4 Because overfishing in some areas of the world’s oceans has led to concerns for the
populations of some shark species, adequate conservation and management of shark populations
has become increasingly important on a global scale.5 In response to concerns about growing
shark harvests internationally, many countries have banned shark fishing in their waters in favor
of promoting tourism opportunities relating to sharks.6
Harvesting Sharks off Florida’s Coast
Fishermen harvest sharks primarily for their meat, fins, skin, cartilage, and liver.7 Meat from
some species of shark is an important dietary component in many developing countries, and
shark fins, the most valuable of shark products, are used to make traditional shark fin soup,
which is a delicacy in the Chinese culture.8 However, despite the high value of some shark
products, sharks historically have been considered a low-value fish and mostly seen as a by-
product of other more profitable fisheries, such as tuna.9
Within Florida’s seaward boundary, the use of hook and line gear is the only lawful means to
harvest sharks in or from the waters of the state.10 A person may not harvest in or from the
waters of the state more than one shark per day.11 The possession of more than two sharks
harvested from the state waters aboard any vessel with two or more persons is prohibited.12
While certain species of shark, including any part of these species, are prohibited under state law
from being harvested, possessed, landed, purchased, sold, or exchanged in the state, the
prohibition does not apply to sharks harvested lawfully in federal waters when the shark is
transported directly through state waters.13
To commercially harvest sharks, an individual must possess both a valid saltwater products
license and any applicable federal permit for sharks.14 The commercial harvest season
3
United Nations Food and Agriculture Organization of the United Nations (FAO), International Plan of Action for
Conservation and Management of Sharks, available at http://www.fao.org/ipoa-sharks/background/sharks/en/ (last visited
Feb. 18, 2020).
4
Id.
5
Id.
6
National Oceanic and Atmospheric Administration (NOAA), 2017 Shark Fining Report to Congress, 3 (2017), available at
https://www.fisheries.noaa.gov/resource/document/2017-shark-finning-report-congress (last visited Feb. 18, 2020).
7
NOAA, 2015 Shark Fining Report to Congress, 2, 6, 78, 93 (2015) available at
https://repository.library.noaa.gov/view/noaa/15645 (last visited Feb. 18, 2020).
8
Smithsonian National Museum of Natural History, Sharking Finning: Sharks Turned Prey, available at
https://ocean.si.edu/ocean-news/shark-finning-sharks-turned-prey (last visited Feb. 18, 2020).
9
Frans Teutscher, FAO, Sharks (Chondrichthyes), available at http://www.fao.org/docrep/006/Y5261E/y5261e08.htm (last
visited Feb. 18, 2020).
10
Fla. Admin. Code R. 68B-44.006(1); Florida’s seaward boundary extends 9 nautical miles in the Gulf of Mexico and 3
nautical miles in the Atlantic.
11
Fla. Admin. Code 68B-44.004(1).
12
Id.
13
Fla. Admin. Code R. 68B-44.003(4).
14
Fla. Admin. Code R. 68B-44.009.
BILL: CS/CS/SB 680 Page 3
technically spans the entire year, but can be closed if any adjacent federal waters are closed.
Additionally, if the Atlantic Marine fisheries commission deems the need for closure, all waters
between the Florida–Georgia border and Miami-Dade county will also be closed to commercial
harvesting.15
Shark Finning
Shark finning is the practice of removing and retaining shark fins at sea while discarding the
remainder of the shark’s body, often while the shark is still alive, into the waters. In Florida, the
practice of shark finning was prohibited in 1992 by requiring sharks harvested to be landed in a
whole condition.16 Additionally, the prohibition on shark finning was codified into Florida
Statutes in 2017.17 The statute prohibits the possession of a shark fin separated from the shark in
Florida waters unless such possession is authorized by FWC or the fin was legally obtained on
land, was prepared by taxidermy, and is possessed for the purposes of display.18
An individual who violates the prohibition is subject to the following penalties:
Violations Type of Criminal Civil Penalty and License Administrative
Infraction Jail Time Restrictions Fines
1st offense19 2nd Degree Max: $50020 Suspension of $4,500
Misdemeanor Max: 60 days21 license for 180
days
2nd offense22 2nd Degree Max $50023 Suspension of $9,500
Misdemeanor Max: 60 days24 license for 365
days
3rd offense and 1st Degree Max: $1,00026 Permanent $9,500
subsequent Misdemeanor Max: 1 year27 revocation of all
offenses25 license privileges
In the United States, shark finning was prohibited in 2000.28 In 2010, the Shark Conservation Act
strengthened the prohibition by improving the ability to enforce the shark finning prohibition by
making it unlawful to:
Remove any fins of a shark, including the tail, at sea;
Have custody, control, or possession of any such fin aboard a fishing vessel unless it is
naturally attached to the corresponding carcass;
15
Fla. Admin. Code R. 68B-44.005.
16
Fla. Admin. Code R. 68B-44.004.
17
Section 379.2426(2), F.S.
18
Id.
19
Section 379.2426(3)(a), F.S.
20
Section 775.083(1)(e), F.S.
21
Section 775.082(4)(b), F.S.
22
Section 379.2426(3)(b), F.S.
23
Id.
24
Section 775.082(4)(b), F.S.
25
Section 379.2426(3)(c), F.S.
26
Section 775.083(1)(d), F.S
27
Section 775.082(4)(a), F.S.
28
16 U.S.C. s. 1857 (2000).
BILL: CS/CS/SB 680 Page 4
Transfer any such fin from one vessel to another vessel at sea; or
Land any such fin that is not naturally attached to the corresponding carcass or land any
shark carcass without such fins naturally attached.29
A person who violates these federal laws may be subject to a civil penalty of up to $100,000 for
each violation, as determined by the U.S. Secretary of Commerce.30
While the practice of shark finning is prohibited in the United States, the trade of shark fins is
legal. In 2011, the last year that full global data is available, the total declared value of world
exports was $438.6 million for 17,154 tons imported.31 The United States is both an importer and
exporter of shark fins.32 In 2011, the U.S. exported 38 tons of shark fins and imported 58 tons.33
A number of the countries that the U.S. imports shark fins from do not have a ban in place, such
as China, Indonesia, and Japan. In response, some U.S. states have passed laws to ban the trade
of shark fins, such states include Hawaii, California, Oregon, Washington, Illinois, Maryland,
Delaware, Nevada, New York, Massachusetts, Rhode Island, and Texas.34
Many other countries have also banned shark fishing in their waters. Nations that have adopted
finning bans include the Bahamas, Belize, Costa Rica, the Dominican Republic, El Salvador,
Guatemala, Honduras, the Maldives, Nicaragua, Palau, Panama, and Taiwan.35 Additionally,
Canada, the largest importer of shark fins outside of Asia, banned the importation and
exportation of shark fins in June of 2019.36
California’s ban on the trade of shark fins was challenged in federal court. On appeal, the
plaintiffs alleged that the ban violated the Supremacy Clause under Art. VI of the U.S.
Constitution and the Commerce Clause under Art. I, s. 8 of the U.S. Constitution.37 The 9th
Circuit Court of Appeals held that states are authorized to regulate “on-land activities,” as the
Magnuson-Stevens Fishery Conservation and Management Act was enacted as a federal-state
partnership and expressly preserved the jurisdiction of the states over fishery management within
their boundaries.38 Additionally, the court held that the ban did not violate the Commerce Clause
as it does not “interfere with activity that is inherently national or that requires a uniform system
of regulation,” and its purpose is to “conserve state resources, prevent animal cruelty, and protect
wildlife and public health,” purposes which are matters of local concern.39
29
Id.
30
16 U.S.C. s. 1858 (2014).
31
FAO, State of the global market for shark products, 1 (2015), available at http://www.fao.org/3/a-i4795e.pdf (last visited
Feb. 18, 2020).
32
Id. at 85.
33
Id. at 19, 21.
34
See HAW. REV. STAT. § 188-40.7; CAL. FISH & GAME § 2021; OR. REV. STAT. § 509.160; WASH. REV. CODE § 77.15.770; 515
ILL. COMP. STAT. 5/5-30; MD CODE ANN., NAT. RES. § 4-747; DEL. CODE TIT. 7, § 928A; NEV. REV. STAT. §597.905; N.Y. ENVTL.
CONSERV. LAW § 13-0338; MASS. GEN. LAWS ch. 130, § 106; R.I. GEN LAWS §20-1-29; and TEX. PARKS & WILD. CODE §
66.2161.
35
NOAA, 2017 Shark Finning Report to Congress, available at https://repository.library.noaa.gov/view/noaa/19769 (last
visited Feb. 17, 2020).
36
Fisheries Act, S.C. ch. 18.1 §32(1).
37
Chinatown Neighborhood Ass’n. v. Harris, 794 F.3d 1136 (9th Cir. 2015), cert. denied, 136 S.Ct. 2448 (2016).
38
Id.
39
Id.
BILL: CS/CS/SB 680 Page 5
III. Effect of Proposed Changes:
The bill prohibits the sale of shark fins in Florida, and the import and export of shark fins to and
from Florida. However, the prohibition on sale and export does not apply to commercial
fishermen who hold a valid federal shark fishing permit on January 1, 2020, or to seafood dealers
who harvest and possess sharks, shark fins, and associated shark products that are legally landed,
handled, processed, and transported. This exception expires on January 1, 2025.
The bill takes effect on October 1, 2020.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
The Commerce Clause of the United States Constitution states that the United States
Congress has the power to regulate commerce with foreign nations, and among the
several states, and with the Indian Tribes.40 If an exercise of local power serves a
legitimate local interest but simultaneously burdens commerce, the courts will undertake
a balancing test.41 California’s shark ban was challenged in the 9th Circuit Court of
Appeals, and the court held that the shark ban does not violate the Commerce Clause.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
40
U.S. CONST. art. I, s. 8.
41
Great Atlantic & Pac. Tea Co., Inc. v. Cottrell, 424 U.S. 366 (1976).
BILL: CS/CS/SB 680 Page 6
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends s. 379.2426 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Environment and Natural Resources Committee on February 3, 2020:
Changes the bill to prohibit importing and exporting shark fins to and from
Florida.
Changes the statute’s title to read “Regulation of shark fins; penalties.”
CS by Commerce and Tourism Committee on February 18, 2020:
Provides an exception to the sale and export prohibition by establishing that the
prohibition does not apply to commercial fishermen who hold a valid federal
shark fishing permit on January 1, 2020, or to seafood dealers who harvest and
possess sharks, shark fins, and associated shark products that are legally landed,
handled, processed, and transported. This exception expires on January 1, 2025.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 680
Ì679214)Î679214
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Hutson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 30 - 32
4 and insert:
5 (3) The import of shark fins to this state is prohibited.
6 (4)(a) Except as provided under paragraph (b), the sale of
7 shark fins in this state and the export of shark fins from this
8 state are prohibited.
9 (b) This subsection does not apply to any commercial
10 fisherman who holds a valid federal shark fishing permit on
Page 1 of 2
2/17/2020 4:57:25 PM 577-03222B-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 680
Ì679214)Î679214
11 January 1, 2020, or to seafood dealers who harvest and possess
12 sharks, shark fins, and associated shark products that are
13 legally landed, handled, processed, and transported. This
14 paragraph expires on January 1, 2025.
15 (5)(3) A person who violates this section is subject to the
16
17 ================= T I T L E A M E N D M E N T ================
18 And the title is amended as follows:
19 Delete line 3
20 and insert:
21 F.S.; prohibiting the import of shark fins to this
22 state; prohibiting the sale of shark fins within or
23 the export of shark fins from this state; providing
24 applicability;
Page 2 of 2
2/17/2020 4:57:25 PM 577-03222B-20
Florida Senate - 2020 CS for SB 680 Florida Senate - 2020 CS for SB 680
By the Committee on Environment and Natural Resources; and
Senators Hutson, Gruters, Stewart, Berman, and Book
592-03056-20 2020680c1 592-03056-20 2020680c1
1 A bill to be entitled 30 (3) The import to and export from this state of shark fins
2 An act relating to shark fins; amending s. 379.2426, 31 is prohibited.
3 F.S.; prohibiting the import and export of shark fins; 32 (4)(3) A person who violates this section is subject to the
4 providing an effective date. 33 following penalties:
5 34 (a) For a first violation, a misdemeanor of the second
6 Be It Enacted by the Legislature of the State of Florida: 35 degree, punishable as provided in s. 775.082 or s. 775.083. In
7 36 addition, the commission shall assess an administrative fine of
8 Section 1. Section 379.2426, Florida Statutes, is amended 37 $4,500 and suspend all of the person’s license privileges under
9 to read: 38 this chapter for 180 days.
10 379.2426 Regulation Possession of separated shark fins on 39 (b) For a second violation, a misdemeanor of the second
11 the water prohibited; penalties.— 40 degree, punishable as provided in s. 775.082 or s. 775.083. In
12 (1) As used in this section, the term: 41 addition, the commission shall assess an administrative fine of
13 (a) “Land” means the physical act of bringing a harvested 42 $9,500 and suspend all of the person’s license privileges under
14 organism, or any part thereof, ashore. 43 this chapter for 365 days.
15 (b) “Shark” means any species of the orders 44 (c) For a third and any subsequent violation, a misdemeanor
16 Carcharhiniformes, Lamniformes, Hexanchiformes, 45 of the first degree, punishable as provided in s. 775.082 or s.
17 Orectolobiformes, Pristiophoriformes, Squaliformes, 46 775.083. In addition, the commission shall assess an
18 Squatiniformes, or any part thereof. 47 administrative fine of $9,500 and permanently revoke all of the
19 (c) “Shark fin” means the detached fin of a shark, 48 person’s license privileges under this chapter.
20 including the caudal or tail fin, or any portion thereof. 49
21 (d) “Separated,” with respect to a shark fin, means not 50 While his or her license privileges are under suspension or
22 naturally attached to the corresponding shark body through some 51 revocation pursuant to this subsection, a person may not
23 portion of uncut skin. 52 participate in the taking or harvesting, or attempt the taking
24 (2) A person may not possess in or on the waters of this 53 or harvesting, of saltwater products from any vessel within the
25 state a shark fin that has been separated from a shark or land a 54 waters of the state; be aboard any vessel on which a commercial
26 separated shark fin in this state, unless: 55 quantity of saltwater products is possessed through an activity
27 (a) Such possession is authorized by commission rule; or 56 requiring a license pursuant to this chapter; or engage in any
28 (b) Such fin has been lawfully obtained on land, prepared 57 other activity requiring a license, permit, or certificate
29 by taxidermy, and is possessed for the purposes of display. 58 issued pursuant to this chapter.
Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2020 CS for SB 680
592-03056-20 2020680c1
59 Section 2. This act shall take effect October 1, 2020.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
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g.
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The Florida Senate
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Speaking: O For O Against | | Information Waive Speaking: ( j In Support | | Against
(The Chair will read this information into the record.)
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a - ig-an SXSSSS 'SSSL
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Speaking :or [ Against | | Information Waive Speaking: In Support | | Against
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While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the ublic record for this meeting. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 776
INTRODUCER: Innovation, Industry, and Technology Committee and Senator Perry
SUBJECT: Florida Real Estate Appraisal Board
DATE: February 18, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird/Oxamendi Imhof IT Fav/CS
2. Reeve McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 776 reduces the number of members of the Florida Real Estate Appraisal Board (board)
from nine to seven members. The bill removes from the board one of the two members that
represent the appraisal management industry and one of the two members that represent the
general public and are not connected in any way with the practice of real estate appraisal. The
members of the board must reflect the ethnic and gender diversity of Florida.
The bill takes effect November 1, 2020.
II. Present Situation:
The Florida Real Estate Appraisal Board (board) within the Department of Business and
Professional Regulation (DBPR) regulates the 6,655 active and 308 inactive real estate
appraisers in this state1 under part II of ch. 475, F.S., The board, through its rules, is authorized
to:2
Regulate the issuance of licenses, certifications, registrations, and permits;
Discipline appraisers;
Establish qualifications for licenses, certifications, registrations, and permits;
1
Florida Department of Business and Professional Regulation, Divisions of Professions, Certified Public
Accounting, Real Estate, and Regulation Annual Report, 19 (2019), available at
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY1819.pdf (last visited Feb. 18, 2020).
2
Section 475.613(2), F.S.
BILL: CS/SB 776 Page 2
Regulate approved courses;
Establish standards for real estate appraisals; and
Establish standards for and regulate supervisory appraisers.
The board consists of nine members that are appointed by the Governor and subject to
confirmation by the Senate. The Governor may remove any member for cause. The board must
consist of:3
Four real estate appraisers who have been engaged in the general practice of appraising real
property in this state for at least 5 years immediately preceding appointment;
Two representatives of the appraisal management industry;
One representative of organizations that use appraisals for the purpose of eminent domain
proceedings, financial transactions, or mortgage insurance; and
Two representatives of the general public who are not connected in any way with the practice
of real estate appraisal.
Members of the board are appointed for 4-year terms and may not be appointed for more than
two consecutive terms. The board must meet at least once each calendar quarter to conduct its
business. The members must elect a chairperson at the first meeting each year. Each member of
the board is entitled to per diem and travel expenses as set by legislative appropriation for each
day the member engages in the business of the board.4
Chapter 2010-84, s. 2, Laws of Fla., increased the board’s membership from seven to nine
members with the addition of two representatives of the appraisal management industry.
III. Effect of Proposed Changes:
The bill amends s. 475.613, F.S., to reduce the number of board members from nine to seven
members. The bill removes from the board one of the two members that represent the appraisal
management industry and one of the two members that represent the general public and are not
connected in any way with the practice of real estate appraisal. The members of the board must
reflect the ethnic and gender diversity of Florida.
The bill takes effect November 1, 2020.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
3
Section 475.613(1), F.S.
4
Id.
BILL: CS/SB 776 Page 3
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The DBPR has estimated that the bill will reduce travel expenses for the board by $5,200
per year.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 475.613 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Innovation, Industry, and Technology on February 10, 2020:
The CS requires that the members of the Florida Real Estate Appraisal Board reflect the
ethnic and gender diversity of Florida.
BILL: CS/SB 776 Page 4
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 CS for SB 776 Florida Senate - 2020 CS for SB 776
By the Committee on Innovation, Industry, and Technology; and
Senator Perry
580-03373-20 2020776c1 580-03373-20 2020776c1
1 A bill to be entitled 30 estate appraisal. The appraiser members shall be as
2 An act relating to the Florida Real Estate Appraisal 31 representative of the entire industry as possible, and
3 Board; amending s. 475.613, F.S.; revising the 32 membership in a nationally recognized or state-recognized
4 composition of the board; requiring the board 33 appraisal organization shall not be a prerequisite to membership
5 membership to reflect the ethnic and gender diversity 34 on the board. Members of the board shall reflect the ethnic and
6 of this state; providing an effective date. 35 gender diversity of this state. To the extent possible, no more
7 36 than two members of the board shall be primarily affiliated with
8 Be It Enacted by the Legislature of the State of Florida: 37 any one particular national or state appraisal association. Two
9 38 of the members must be licensed or certified residential real
10 Section 1. Subsection (1) of section 475.613, Florida 39 estate appraisers and two of the members must be certified
11 Statutes, is amended to read: 40 general real estate appraisers at the time of their appointment.
12 475.613 Florida Real Estate Appraisal Board.— 41 (a) Members of the board shall be appointed for 4-year
13 (1) There is created the Florida Real Estate Appraisal 42 terms. Any vacancy occurring in the membership of the board
14 Board, which shall consist of seven nine members appointed by 43 shall be filled by appointment by the Governor for the unexpired
15 the Governor, subject to confirmation by the Senate. Four 44 term. Upon expiration of her or his term, a member of the board
16 members of the board must be real estate appraisers who have 45 shall continue to hold office until the appointment and
17 been engaged in the general practice of appraising real property 46 qualification of the member’s successor. A member may not be
18 in this state for at least 5 years immediately preceding 47 appointed for more than two consecutive terms. The Governor may
19 appointment. In appointing real estate appraisers to the board, 48 remove any member for cause.
20 while not excluding other appraisers, the Governor shall give 49 (b) The headquarters for the board shall be in Orlando.
21 preference to real estate appraisers who are not primarily 50 (c) The board shall meet at least once each calendar
22 engaged in real estate brokerage or mortgage lending activities. 51 quarter to conduct its business.
23 One member Two members of the board must represent the appraisal 52 (d) The members of the board shall elect a chairperson at
24 management industry. One member of the board must represent 53 the first meeting each year.
25 organizations that use appraisals for the purpose of eminent 54 (e) Each member of the board is entitled to per diem and
26 domain proceedings, financial transactions, or mortgage 55 travel expenses as set by legislative appropriation for each day
27 insurance. One member Two members of the board must be a 56 that the member engages in the business of the board.
28 representative shall be representatives of the general public 57 Section 2. This act shall take effect November 1, 2020.
29 and shall not be connected in any way with the practice of real
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
APPEARANCE RECORD
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, the meeting)
Meeting Date
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Topic Q 1 i L ZL l rf i
Amendment Barcode (if applicable)
Name . t ) . ~ - -
i
_ y - i
Job Title , -J r 7 ,
' _ J\ - . f
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State 7/r>
Speaking: | For dUgainst C Information
Wai e peaking: Lytf support D Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: | | Yes No Lobbyist registered with Legislature: es No
This form is part of the public record for this meeting.
S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1582
INTRODUCER: Commerce and Tourism Committee and Senator Simmons
SUBJECT: Asbestos Trust Claims
DATE: February 18, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Elsesser Cibula JU Favorable
2. McKay McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1582 requires a claimant filing an asbestos injury lawsuit to notify all parties to the action
of any claims made against and funds received from an asbestos trust. The bill provides that a
defendant in an asbestos claim may obtain through discovery certain materials the claimant has
filed with an asbestos trust. The bill bars asbestos claimants from claiming that the materials
filed with the trust are privileged.
II. Present Situation:
In 2005, the Legislature passed the Asbestos and Silica Compensation Fairness Act (the Act),
with the purpose of giving “priority to true victims of asbestos and silica, claimants who can
demonstrate actual physical impairment caused by exposure to asbestos or silica;” fully
preserving “the rights of claimants who were exposed to asbestos or silica to pursue
compensation if they become impaired in the future as a result of the exposure;” enhancing “the
ability of the judicial system to supervise and control asbestos and silica litigation;” and
conserving “the scarce resources of the defendants to allow compensation to cancer victims and
others who are physically impaired by exposure to asbestos or silica while securing the right to
similar compensation for those who may suffer physical impairment in the future.”1 “These
statements demonstrate that the Act is intended to reverse years of common law precedent …
holding that a diagnosis of asbestos-related disease and injury, without regard to any particular
1
Section 774.202(1-4), F.S.
BILL: CS/SB 1582 Page 2
threshold level of impairment suffered, constitutes an accrued cause of action that provides
citizens vested rights to file actions based on the injuries.”2
At least 56 trusts have been established on behalf of asbestos defendant companies that have
declared bankruptcy, and the largest 26 trusts have paid at least $10.9 billion on 2.4 million
claims.3
Section 774.207(2), F.S., requires asbestos claimants to disclose the amounts of payments
received from any collateral sources, which include payments from an asbestos trust. That
section permits a court to setoff a jury award by the amount received from a collateral source.
Section 774.209(2)(b), F.S., states that the act does not affect the rights of any claimant who is
entitled to file a claim against an asbestos trust.
Section 774.204, F.S., details the proof an injured claimant must present upon filing in order to
establish a prima facie asbestos claim. That section requires evidence that a qualifying physician
has taken an exposure history of the claimant, and the section details the physical medical
findings the claimant must present to link his or her exposure to different ailments. This evidence
differs for cancers of the lung, larynx, pharynx, or esophagus; cancers of the colon, rectum, or
stomach; and for mesothelioma. “This requirement clearly serves the purpose of providing
priority to plaintiffs who can demonstrate physical impairment caused by exposure to asbestos.”4
“Prior to the Act, the common law did not require any particular symptoms to constitute
‘manifestation’ in connection with asbestos injuries.”5 “[T]he main purpose of the Act is to alter
the common law elements for an action arising from asbestos-related disease.”6
The Act bars punitive damage awards for asbestos claims.
III. Effect of Proposed Changes:
The bill governs the actions of plaintiffs who have filed an asbestos lawsuit and have filed or are
preparing to file a separate claim against an asbestos trust. The bill states that, within 30 days
after filing an asbestos claim7, a plaintiff must provide all parties with a sworn statement
identifying all claims the plaintiff has made to an “asbestos trust.” The bill also requires a
plaintiff to make such a disclosure within 30 days if he or she files an additional trust claim,
supplements an existing claim, or receives additional information related to the trust claim.
The bill permits the asbestos defendant to seek discovery materials from an asbestos trust if a
plaintiff has made a claim to that trust. These materials include proof that a plaintiff filed a claim
with the trust and supplemental materials such as an affidavit, a deposition or trial testimony,
2
American Optical Corp. v. Spiewak, 73 So. 3d 120, 130 (Fla. 2011).
3
Rand Institute for Civil Justice, Bankruptcy Trusts, Asbestos Compensation, and the Courts at 1, available at:
https://www.rand.org/pubs/research_briefs/RB9603/index1.html (last visited February 17, 2020).
4
In re Asbestos Litigation, 933 So. 2d 613, 617 (Fla. 3d DCA 2006).
5
Spiewak, 73 So. 3d at 127.
6
Id.
7
The bill provides that “asbestos claim” has the same meaning as in s. 774.203, F.S. That section defines as asbestos claim as
“a claim for damages or other civil or equitable relief presented in a civil action, arising out of, based on, or related to the
health effects of exposure to asbestos, including loss of consortium, wrongful death, and any other derivative claim made by
or on behalf of an exposed person or a representative, spouse, parent, child, or other relative of an exposed person.”
BILL: CS/SB 1582 Page 3
work history, an exposure allegation, medical records, documents showing the status of a claim
against the trust, and any document related to the settlement of a trust claim. The bill bars an
asbestos plaintiff from claiming that these materials are privileged and requires the plaintiff to
provide consent to the trust to release the discovery materials. The bill states that the
admissibility at trial of these materials is still subject to the Florida Evidence Code.
The bill allows a trial court to adjust an asbestos claim judgment to reflect payment received by
the plaintiff from an asbestos trust, if the plaintiff filed the trust claim after he or she obtained a
judgment but before that judgment was satisfied.
The bill contains a severability clause, providing that if any portion of the act is held invalid, the
invalidity does not affect other provisions of the bill.
The bill takes effect July 1, 2020.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
BILL: CS/SB 1582 Page 4
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 774.301 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on February 18, 2020:
The CS removes the definition for “trust governance document,” a phrase that is not used
in any substantive provision of the bill.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1582
Ì301124hÎ301124
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Simmons) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 43 - 46.
4
5 ================= T I T L E A M E N D M E N T ================
6 And the title is amended as follows:
7 Delete line 13
8 and insert:
9 materials are
Page 1 of 1
2/14/2020 1:49:25 PM 577-03628-20
Florida Senate - 2020 SB 1582 Florida Senate - 2020 SB 1582
By Senator Simmons
9-01163A-20 20201582__ 9-01163A-20 20201582__
1 A bill to be entitled 30 U.S.C. s. 524(g), 11 U.S.C. s. 1121(a), or other applicable law,
2 An act relating to asbestos trust claims; creating s. 31 and that is intended to provide compensation to claimants
3 774.301, F.S.; defining terms; requiring a plaintiff 32 arising out of, based on, or related to the health effects of
4 who files an asbestos claim to provide certain 33 exposure to asbestos.
5 information to the parties of the action within a 34 (c) “Trust claim materials” means a final, executed proof
6 specified timeframe; requiring the plaintiff to 35 of claim and any other document or information submitted to or
7 supplement the information and materials under certain 36 received from an asbestos trust, including a claim form or
8 circumstances within a specified timeframe; 37 supplementary material, an affidavit, a deposition or trial
9 authorizing the defendant to seek discovery from an 38 testimony, a work history, an exposure allegation, a medical or
10 asbestos trust; prohibiting the plaintiff from 39 health record, or a document reflecting the status of a claim
11 claiming privilege or confidentiality to bar discovery 40 against an asbestos trust and, if the trust claim has been
12 of such materials; providing that asbestos trust claim 41 settled, any document relating to the settlement of the trust
13 materials and trust governance documents are 42 claim.
14 admissible in evidence under certain circumstances; 43 (d) “Trust governance document” means a document that
15 providing for the adjustment of a judgment under 44 relates to eligibility and payment levels, including a claims
16 certain circumstances; providing for severability; 45 payment matrix, a trust distribution procedure, or a plan for
17 providing an effective date. 46 the reorganization of an asbestos trust.
18 47 (2) Within 30 days after filing an asbestos claim, a
19 Be It Enacted by the Legislature of the State of Florida: 48 plaintiff shall provide all parties with a sworn statement
20 49 identifying all asbestos trust claims made by the plaintiff and
21 Section 1. Section 774.301, Florida Statutes, is created to 50 all material submitted to or received from an asbestos trust.
22 read: 51 (3) A plaintiff must supplement the information required
23 774.301 Asbestos trust claim disclosures.— 52 under subsection (2) within 30 days after the plaintiff files an
24 (1) As used in this section, the term: 53 additional asbestos trust claim, supplements an existing
25 (a) “Asbestos claim” has the same meaning as in s. 774.203. 54 asbestos trust claim, or receives additional information related
26 (b) “Asbestos trust” means a government-approved or court- 55 to an asbestos trust claim.
27 approved trust, qualified settlement fund, compensation fund, or 56 (4) A defendant in an asbestos claim may seek discovery
28 claims facility that is created as a result of an administrative 57 from an asbestos trust. The plaintiff may not claim privilege or
29 or legal action or a court-approved bankruptcy, or under 11 58 confidentiality to bar discovery and shall provide consent or
Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2020 SB 1582
9-01163A-20 20201582__
59 other expression of permission that may be required by the
60 asbestos trust to release the information sought by the
61 defendant.
62 (5) Asbestos trust claim materials are admissible in
63 evidence only to the extent permissible under the Florida
64 Evidence Code.
65 (6) If a plaintiff files an asbestos trust claim after the
66 plaintiff obtains a judgment in an asbestos claim and before
67 satisfaction of the judgment, and the asbestos trust was in
68 existence at the time of the judgment, the trial court, upon
69 motion by a defendant, may only adjust the judgment by the
70 amount of any payments obtained by the plaintiff as a result of
71 such after-filed claim to the extent permissible under Florida
72 law.
73 Section 2. If any provision of this act or its application
74 to any person or circumstance is held invalid, the invalidity
75 does not affect other provisions or applications of the act
76 which can be given effect without the invalid provision or
77 application, and to this end the provisions of this act are
78 severable.
79 Section 3. This act shall take effect July 1, 2020.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
appearance record
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Meeting Date
Bill Number (if applicable)
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The Florida Senate
appearance record
2 1 20 <De"Ver B°TH COpies o ,his o™ to S ator or Senate Professional Staff conducing the meeting)
Meeting Date 1582
Bill Number (if applicable)
Topic ASBESTOS CLAIMS
Amendment Barcode (if applicable)
Name Dan Hendrickson
Job Title vol pres, TALLAHASSEE VETERANS LEGAL COLLABORATIVE
Address PO Box 1201
Street Phone 850 570-1967
Tallahassee, FI
City Email danbhendrickson@comcast.net
State Zip
Speaking: [ For [ Against | |Information
Waive Speaking: 0 In Support I l Against
(The Chair will read this information into the record.)
meeting. Those who do at this
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The Florida Senate
B/// Number (if applicable)
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Phone
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appearance record
iver BOTH cop,es of this form to the Senator or Senate Professional Staff conducting the meeting)
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Bill umber (if applicable)
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Phone/ ?
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Speaking: QAgainst ,nformation V4
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?e Chair will rea ifs information into the recor .)
Representing
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Lobbyist registered with Legislature: f I Yes
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appearance record
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2/18/20
Meeting Date 1582
Bill Number (if applicable)
Topic Asbestos Trust Claims
Amendment Barcode (if applicable)
Name Carolyn Johnson
ob Title Policy Director
Address 136 S Bronough St
Street Phone 850-521-1200
Tallahassee
City Email johnson@flchamber.com
Speaking. [ |For (_JAgainst f | Information
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Representing Florida Chamber of Commerce
Appearing at request of Chair: y«B No
Lobbyist registered with Legislature: r Yest IlMn
thltPermit a,lpersons ishing to speak to be he<
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Duplicate
The Florida Senate
APPEARANCE RECORD
02.18.20 (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting,
Meeting Date 1582
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Topic Asbestos Trust Claims
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Name I AJ y.n
Job Title President
Address 210 South Monroe Street
Street Phone 850-222-0170
Tallahassee FL
City 2301 Email William@fljustice.org
- State Zip
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MnM a m
jQ Duplicat
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2/18/20
1582
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Name Brewster Bevis
Job Title Senior Vice President
Address 516 N Adams St Phone 224-7173
Street
Tallahassee FL 32301 Emaj| bbevis@aif.com
City State Zip
Speaking: I I For | | Against i ~l Information Waive Speaking In Support I I A ainst
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Representing Associated Industries of Florida
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mile it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at thi
meetmg. Those who do speak may be asked to limit their remarks so that as many persons as poshbi to h
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S-001 (10/14/1
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1632
INTRODUCER: Governmental Oversight and Accountability Committee and Senator Rouson
SUBJECT: Cultural Affairs
DATE: February 18, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Ponder McVaney GO Fav/CS
2. Reeve McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1632 designates the Secretary of State as “Florida’s Chief Arts and Cultural Officer”
rather than the chief cultural officer. The bill also renames the Division of Cultural Affairs within
the Department of State as the Division of Arts and Culture and makes conforming changes.
The bill takes effect July 1, 2020.
II. Present Situation:
Department of State
The Department of State (department), created in s. 20.10, F.S., is composed of six divisions:
Elections, Historical Resources, Corporations, Library and Information Services, Cultural
Affairs, and Administration. The head of the department is the Secretary of State (Secretary).
The Secretary is appointed by the Governor, subject to confirmation by the Senate, and serves at
the pleasure of the Governor. The Secretary performs functions conferred by the State
Constitution upon the custodian of records.1
1
Section 20.10, F.S.
BILL: CS/SB 1632 Page 2
Secretary of State – Florida’s Chief Cultural Officer
The Divisions of Cultural Affairs, Historical Resources, and Library and Information Services
within the department promote programs having substantial cultural, artistic, and indirect
economic significance that emphasize American creativity.2 The Secretary, as the head of these
divisions, is designated as “Florida's Chief Cultural Officer” and is encouraged to initiate and
develop relationships between the state and foreign governmental officials in order to promote
Florida as the center of American creativity. As Florida’s Chief Cultural Officer, the Secretary
shall coordinate international activities with Enterprise Florida, Inc., and any other organization
the Secretary deems to be appropriate. To accomplish these purposes, the Secretary has the
power and authority to do the following: 3
Disseminate any information pertaining to the state which promotes the state's cultural assets;
Plan and carry out activities designed to cause improved cultural and governmental programs
and exchanges with foreign countries;
Plan and implement cultural and social activities for visiting foreign heads of state,
diplomats, dignitaries, and exchange groups;
Encourage and cooperate with other public and private organizations or groups in their
efforts to promote the cultural advantages of Florida;
Serve as the liaison with all foreign consular and ambassadorial corps, as well as
international organizations, that are consistent with the purposes of expanding international
and cultural relations; and
Provide, arrange, and make expenditures for the achievement of any or all of the purposes
specified in this section.
Division of Cultural Affairs
The Division of Cultural Affairs (division) is Florida’s designated state arts agency. The division
promotes arts and culture as essential to the quality of life for all Floridians. To promote
excellence and encourage access to cultural opportunities, the division provides funding,
programs and resources, including grants for: arts in education, local arts agencies, state service
organizations, museums, theater, dance, folk arts, literature, media arts, multidisciplinary, music,
sponsor/presenter, and visual arts programs and projects.4
The Florida Arts and Cultural Act (Act) is set forth in ss. 265.281-265.709, F.S., to provide state
support for, and to gain national and international recognition of, the efforts, works, and
performances of Florida artists, art agencies, museums and nonprofit organizations.5 The division
is charged with directly administering and overseeing all programs authorized by the Act and
may adopt rules pursuant to ss. 120.536(1) and 120.54, F.S, to do so.
Section 265.2865, F.S., establishes the Florida Artists Hall of Fame to recognize persons, living
or deceased, who have made significant contributions to the arts in Florida either as performing
or practicing artists in individual disciplines. The Florida Artists Hall of Fame Wall is located on
2
Section 15.18, F.S.
3
Id.
4
Florida Department of State, Division of Cultural Affairs, Mission, available at https://dos.myflorida.com/cultural/about-
us/mission/ (last visited Feb. 18, 2020).
5
Section 285.282, F.S.
BILL: CS/SB 1632 Page 3
the Plaza level in the rotunda of the Capitol building.6 The Florida Council on Arts and Culture
accepts nominations annually for persons to be recommended as members of the Florida Artists
Hall of Fame and then makes recommendations to the Secretary of those person who were born
in Florida or adopted Florida as their home state and base of operation and made a significant
contribution to the enhancement of the arts in this state.7 The Secretary must name no more than
four members to the Florida Artists Hall of Fame in any one year.8
The division is permitted to accept and administer moneys appropriated to it for providing grants
to counties, municipalities, and qualifying nonprofit corporations for the acquisition, renovation,
or construction of cultural facilities.9 A county, municipality or qualified corporation may apply
for a grant of state funds for the acquisition, renovation, or construction of a cultural facility.10
The Florida Council on Arts and Culture must review each application for a grant and must
annually submit to the Secretary for approval lists of all applications recommended by the
council for award of grants, arranged in order of priority.11
Any contract administered under s. 265.701, F.S., must require the recordation of a restrictive
covenant by the grantee and property owner or purchase of a bond as prescribed by rule to ensure
that the facility continues to be used as a cultural facility for a period of 10 years following the
grant award.12
Division of Historical Resources
The Division of Historical Resources (DHR) is responsible for preserving and promoting
Florida’s historical, archaeological, and folk culture resources. The DHR Director’s Office
oversees a Historic Preservation Grants program to help preserve and maintain Florida’s historic
buildings and archaeological sites and to coordinate outreach programs that identify and promote
the state’s traditional culture.
The Division of Historical Resources is comprised of the Bureau of Historic Preservation (BHP)
and the Bureau of Archaeological Research (BAR). The BHP manages the Florida Main Street
Program and, under federal and state laws, oversees the National Register of Historic Places
program for Florida, maintains an inventory of the state’s historical resources in the Florida
Master Site File, assists applicants in federal tax benefit and local government ad valorem tax
relief programs for historic buildings, and reviews the impact that development projects may
have on significant historic resources. The BAR is responsible for the state’s archaeological
programs, including surveys and excavations throughout the state, maintenance of records on
historical resources that have been recorded, and assistance to consultants and planners in
protecting sites.13
6
Florida Department of State, Florida Artists Hall of Fame, available at https://dos.myflorida.com/cultural/programs/florida-
artists-hall-of-fame/ (last visited Feb. 18, 2020).
7
Section 265.2865(3), F.S.
8
Section 265.2865(4), F.S.
9
Section 265.701(1), F.S.
10
Section 265.701(2), F.S.
11
Section 265.701(3), F.S.
12
Section 265.701(4), F.S.
13
Id.
BILL: CS/SB 1632 Page 4
Division of Library and Information Services
The Division of Library and Information Services (DLIS) manages the State Library and
Archives, supports public libraries, directs record management services, and is the designated
information resource provider for the state of Florida.14
The DLIS may receive gifts of money, books, or other property and may purchase books,
periodicals, furniture, and equipment it deems necessary to carry out its mission. The DLIS may
also give aid and assistance to all school, state, academic, free, and public libraries, and to all
communities in the state which may establish libraries. The DLIS is required to maintain a
library for state officials and employees and provide research and informational services for all
state agencies. The DLIS must also provide library services to blind and physically handicapped
persons within the state.15
III. Effect of Proposed Changes:
Sections 1 and 4 amend ss. 15.18 and 265.284, F.S., respectively, to provide that the Secretary
will be known as “Florida’s Chief Arts and Cultural Officer” instead of the chief cultural officer.
Section 2 amends s. 20.10, F.S., to rename the Division of Cultural Affairs as the Division of
Arts and Culture.
Section 3 amends s. 265.283, F.S., to provide that, as used in ss. 265.281-265.709, F.S.,
“director” means the Director of the Division of Arts and Culture and “division” means the
Division of Arts and Culture.
Sections 5, 7, 9, and 10 amend ss. 265.2865, 265.701, 265.704, and 468.401, F.S., to update
references to the Division of Arts and Culture.
Section 6 and 8 amend ss. 265.603 and 265.7025, F.S., to provide that, as used in ss. 265.601-
265.606 and 265.7025-265.709, F.S., respectively, “division” means the Division of Arts and
Culture.
Section 11 provides an effective date of July 1, 2020.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
14
Florida Department of State, Division of Library and Information Services, available at https://dos.myflorida.com/library-
archives/ (last visited Feb. 18, 2020).
15
Section 257.04(5), F.S.
BILL: CS/SB 1632 Page 5
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The department will likely experience an indeterminate negative fiscal impact associated
with the rebranding and re-naming of its Division of Cultural Affairs as the Division of
Arts and Culture.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
The bill substantially amends the following sections of the Florida Statutes: 468.401, 15.18,
20.10, 265.283, 265.284, 265.2865, 265.603, 265.701, 265.7025, and 265.704.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Governmental Oversight and Accountability on February 10, 2020:
The committee substitute removes the repeal of ss. 265.601, 265.602, 265.603 and
265.605, F.S., and updates the definition of the term “division” in s. 265.603, F.S.
BILL: CS/SB 1632 Page 6
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 1632
Ì322422oÎ322422
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Rouson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 59 and 60
4 insert:
5 Section 3. Subsection (4) is added to section 265.111,
6 Florida Statutes, to read:
7 265.111 Capitol Complex; monuments.—
8 (4) The Department of Management Services shall limit
9 participation in any competitions between sculptors or artists
10 for the design of a monument on the Capitol Complex, or at any
Page 1 of 2
2/17/2020 9:50:26 AM 577-03613-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 1632
Ì322422oÎ322422
11 other state buildings where a similar competition is being
12 conducted, to sculptors and artists who are 18 years of age or
13 older and are domiciled in this state.
14
15 ================= T I T L E A M E N D M E N T ================
16 And the title is amended as follows:
17 Delete line 8
18 and insert:
19 State as the Division of Arts and Culture; amending s.
20 265.111, F.S.; requiring the Department of Management
21 Services to limit participation in design competitions
22 for monuments on the Capitol Complex or at other
23 state-owned buildings to certain artists and
24 sculptors; amending
Page 2 of 2
2/17/2020 9:50:26 AM 577-03613-20
Florida Senate - 2020 CS for SB 1632 Florida Senate - 2020 CS for SB 1632
By the Committee on Governmental Oversight and Accountability;
and Senator Rouson
585-03391-20 20201632c1 585-03391-20 20201632c1
1 A bill to be entitled 30 creativity. The Secretary of State shall coordinate
2 An act relating to cultural affairs; amending s. 31 international activities pursuant to this section with
3 15.18, F.S.; providing that the Secretary of State 32 Enterprise Florida, Inc., and any other organization the
4 shall be known as “Florida’s Chief Arts and Culture 33 secretary deems appropriate. For the accomplishment of this
5 Officer”; conforming a provision to changes made by 34 purpose, the Secretary of State shall have the power and
6 the act; amending s. 20.10, F.S.; renaming the 35 authority to:
7 Division of Cultural Affairs of the Department of 36 (1) Disseminate any information pertaining to the State of
8 State as the Division of Arts and Culture; amending 37 Florida which promotes the state’s cultural assets.
9 ss. 265.283, 265.284, 265.2865, 265.603, 265.701, 38 (2) Plan and carry out activities designed to cause
10 265.7025, 265.704, and 468.401, F.S.; conforming 39 improved cultural and governmental programs and exchanges with
11 provisions to changes made by the act; providing an 40 foreign countries.
12 effective date. 41 (3) Plan and implement cultural and social activities for
13 42 visiting foreign heads of state, diplomats, dignitaries, and
14 Be It Enacted by the Legislature of the State of Florida: 43 exchange groups.
15 44 (4) Encourage and cooperate with other public and private
16 Section 1. Section 15.18, Florida Statutes, is amended to 45 organizations or groups in their efforts to promote the cultural
17 read: 46 advantages of Florida.
18 15.18 International and cultural relations.—The Divisions 47 (5) Serve as the liaison with all foreign consular and
19 of Arts and Culture Cultural Affairs, Historical Resources, and 48 ambassadorial corps, as well as international organizations,
20 Library and Information Services of the Department of State 49 that are consistent with the purposes of this section.
21 promote programs having substantial cultural, artistic, and 50 (6) Provide, arrange, and make expenditures for the
22 indirect economic significance that emphasize American 51 achievement of any or all of the purposes specified in this
23 creativity. The Secretary of State, as the head administrator of 52 section.
24 these divisions, shall hereafter be known as “Florida’s Chief 53 Section 2. Paragraph (e) of subsection (2) of section
25 Arts and Culture Cultural Officer.” As this officer, the 54 20.10, Florida Statutes, is amended to read:
26 Secretary of State is encouraged to initiate and develop 55 20.10 Department of State.—There is created a Department of
27 relationships between the state and foreign cultural officers, 56 State.
28 their representatives, and other foreign governmental officials 57 (2) The following divisions of the Department of State are
29 in order to promote Florida as the center of American 58 established:
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Florida Senate - 2020 CS for SB 1632 Florida Senate - 2020 CS for SB 1632
585-03391-20 20201632c1 585-03391-20 20201632c1
59 (e) Division of Arts and Culture Cultural Affairs. 88 out its functions under this act.
60 Section 3. Subsections (3) and (4) of section 265.283, 89 (d) Upon request, or at its own initiative, consult with
61 Florida Statutes, are amended to read: 90 and advise other individuals, groups, organizations, or state
62 265.283 Definitions.—The following definitions shall apply 91 agencies and officials, particularly the Governor and the
63 to ss. 265.281-265.709: 92 Cabinet, concerning the acquisition by gift or purchase of fine
64 (3) “Director” means the Director of the Division of Arts 93 art works, the appropriate use and display of state-owned art
65 and Culture Cultural Affairs of the Department of State. 94 treasures for maximum public benefit, and the suitability of any
66 (4) “Division” means the Division of Arts and Culture 95 structures or fixtures, including framing, primarily intended
67 Cultural Affairs of the Department of State. 96 for ornamental or decorative purposes in the interior of public
68 Section 4. Section 265.284, Florida Statutes, is amended to 97 buildings.
69 read: 98 (e) Accept on behalf of the state donations of money,
70 265.284 Chief arts and culture cultural officer; director 99 property, art objects, and antiquities. Such donations of money
71 of division; powers and duties.— 100 and any cash income may be received from the disposal of any
72 (1) The Secretary of State is the chief arts and culture 101 donations of property, art objects, or antiquities, which shall
73 cultural officer of the state. 102 be deposited into the Grants and Donations Trust Fund and are
74 (2) The division is the state arts administrative agency 103 hereby appropriated for use by the division for the purposes
75 and shall be headed by a director who shall serve at the 104 authorized in this act.
76 pleasure of the secretary. 105 (f) Sponsor performances and exhibits; promote and
77 (3) The division shall directly administer and oversee all 106 encourage the study and appreciation of arts and culture; and
78 of the programs authorized by this act. In furtherance thereof, 107 collect, publish, and print pamphlets, papers, newsletters, and
79 the division shall: 108 other materials related to arts and cultural programs available
80 (a) Accept and administer state and federal funds 109 throughout the state.
81 appropriated by the Legislature or funds received from other 110 (g) Conduct and support cultural programs and cultural
82 public or private sources. 111 exchanges by coordinating with the appropriate state agencies
83 (b) Advance funds for grants on a quarterly basis. 112 and other organizations.
84 (c) Enter into agreements for awarding grants or other 113 (h) Accept funding and other forms of support for the
85 contracts with any person, firm, performing arts company, 114 purposes in this act.
86 educational institution, arts organization, corporation, or 115 (i) Notwithstanding s. 287.022 or s. 287.025(1)(e), enter
87 governmental agency as may be necessary or advisable to carry 116 into contracts to insure museum collections, artifacts, relics,
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Florida Senate - 2020 CS for SB 1632 Florida Senate - 2020 CS for SB 1632
585-03391-20 20201632c1 585-03391-20 20201632c1
117 and fine arts to which it holds title or which are on loan to 146 renovation, or construction; funding; approval; allocation.—
118 the division. 147 (1) The Division of Arts and Culture Cultural Affairs may
119 (j) Adopt rules pursuant to ss. 120.536(1) and 120.54 to 148 accept and administer moneys appropriated to it for providing
120 implement this subsection. 149 grants to counties, municipalities, and qualifying nonprofit
121 Section 5. Subsection (6) of section 265.2865, Florida 150 corporations for the acquisition, renovation, or construction of
122 Statutes, is amended to read: 151 cultural facilities.
123 265.2865 Florida Artists Hall of Fame.— 152 (5) The Division of Arts and Culture Cultural Affairs shall
124 (6) The Division of Arts and Culture Cultural Affairs of 153 adopt rules prescribing the criteria to be applied by the
125 the Department of State shall adopt rules necessary to carry out 154 Florida Council on Arts and Culture in recommending applications
126 the purposes of this section, including, but not limited to, 155 for the award of grants and rules providing for the
127 procedures for accepting nominations to, making recommendations 156 administration of the other provisions of this section.
128 for, selecting members of the Florida Artists Hall of Fame, and 157 Section 8. Subsection (2) of section 265.7025, Florida
129 providing travel expenses for such recipients. Notwithstanding 158 Statutes, is amended to read:
130 the provisions of s. 112.061, the Secretary of State may approve 159 265.7025 Definitions relating to historic programs.—For the
131 first-class travel accommodations for recipients of the Florida 160 purposes of ss. 265.7025-265.709, the term:
132 Artists Hall of Fame award and their representatives for health 161 (2) “Division” means the Division of Arts and Culture
133 or security purposes. 162 Cultural Affairs of the Department of State.
134 Section 6. Subsection (2) of section 265.603, Florida 163 Section 9. Section 265.704, Florida Statutes, is amended to
135 Statutes, is amended to read: 164 read:
136 265.603 Definitions relating to Cultural Endowment 165 265.704 Historical museums; powers and duties of the
137 Program.—The following terms and phrases when used in ss. 166 Division of Arts and Culture Cultural Affairs.—
138 265.601-265.606 shall have the meaning ascribed to them in this 167 (1) The division shall adopt rules pursuant to ss.
139 section, except where the context clearly indicates a different 168 120.536(1) and 120.54 to administer the provisions of ss.
140 meaning: 169 265.7025-265.709.
141 (2) “Division” means the Division of Arts and Culture 170 (2) The division may make and enter into all contracts and
142 Cultural Affairs of the Department of State. 171 agreements with other agencies, organizations, associations,
143 Section 7. Subsections (1) and (5) of section 265.701, 172 corporations, and individuals or with federal agencies as it may
144 Florida Statutes, are amended to read: 173 determine are necessary, expedient, or incidental to the
145 265.701 Cultural facilities; grants for acquisition, 174 performance of its duties or the execution of its powers under
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Florida Senate - 2020 CS for SB 1632 Florida Senate - 2020 CS for SB 1632
585-03391-20 20201632c1 585-03391-20 20201632c1
175 ss. 265.7025-265.709. 204 operation, and interpretation of historical resources to foster
176 (3) The division may accept gifts, grants, bequests, loans, 205 an appreciation of Florida history and culture.
177 and endowments for purposes not inconsistent with its 206 Section 10. Subsection (4) of section 468.401, Florida
178 responsibilities under this chapter. The division may also 207 Statutes, is amended to read:
179 establish an endowment that is consistent with the 208 468.401 Regulation of talent agencies; definitions.—As used
180 responsibilities under ss. 265.7025-265.709. 209 in this part or any rule adopted pursuant hereto:
181 (4) It is the duty of the division to: 210 (4) “Engagement” means any employment or placement of an
182 (a) Promote and encourage throughout the state knowledge 211 artist, where the artist performs in his or her artistic
183 and appreciation of Florida history by encouraging the people of 212 capacity. However, the term “engagement” shall not apply to
184 the state to engage in the preservation and care of artifacts, 213 procuring opera, music, theater, or dance engagements for any
185 museum items, treasure troves, and other historical properties; 214 organization defined in s. 501(c)(3) of the Internal Revenue
186 the collection, research, fabrication, exhibition, preservation, 215 Code or any nonprofit Florida arts organization that has
187 and interpretation of historical materials; the publicizing of 216 received a grant from the Division of Arts and Culture Cultural
188 the state’s history through public information media; and other 217 Affairs of the Department of State or has participated in the
189 activities in historical and allied fields. 218 state touring program of the Division of Arts and Culture
190 (b) Encourage, promote, maintain, and operate historical 219 Cultural Affairs.
191 museums, including, but not limited to, mobile museums, junior 220 Section 11. This act shall take effect July 1, 2020.
192 museums, and the Museum of Florida History in the state capital.
193 (c) Plan and develop, in cooperation with other state
194 agencies and with municipalities, programs to promote and
195 encourage the teaching of Florida’s history and heritage in
196 Florida schools and other educational institutions and other
197 such educational programs as may be appropriate.
198 (d) Establish professional standards for the preservation,
199 exclusive of acquisition, of historical resources in state
200 ownership or control.
201 (e) Take such other actions as are necessary or appropriate
202 to locate, acquire, protect, preserve, operate, interpret, and
203 promote the location, acquisition, protection, preservation,
Page 7 of 8 Page 8 of 8
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 90
INTRODUCER: Senator Stewart and others
SUBJECT: Discrimination in Labor and Employment
DATE: February 17, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Pre-meeting
2. JU
3. RC
I. Summary:
SB 90 creates the “Senator Helen Gordon Davis Fair Pay Protection Act,” which prohibits an
employer from providing a less favorable employment opportunity to an employee based on the
employee’s sex, and prohibits an employer from paying an employee at a rate less than the
employer pays an employee of the opposite sex for substantially similar work on a job that
requires equal skill, effort, and responsibility. The bill narrows the exceptions to the prohibition
to differential wages based on factors other than sex, including education, training, or
experience.
An employee may file a civil action against an employer who violates the act to recover the
difference between the amount the employee was paid and the amount he or she should have
been paid, as well as liquidated damages. The bill also establishes that an employer who violates
the act is subject to a civil penalty.
The bill provides that employers are prohibited from taking any retaliatory or discriminatory
personnel action against an employee who voluntarily discusses their own or another employee’s
wages, requests that the employer provide a reason for the amount of the employee’s own wages,
or participates in certain investigations.
The bill provides that an employer may not:
Rely on salary or wage history in determining an employee’s salary or wages;
Request or require wage or salary history as a condition of being interviewed, considered for
an offer of employment, or as a condition of employment or promotion;
Request or require wage or salary history;
Retaliate against or refuse to interview, hire, promote, or otherwise employ an employee
based upon prior wage or salary history, because the employee did not provide wage or
salary history, or because the employee filed a complaint alleging a violation of s. 448.111,
F.S.; or
BILL: SB 90 Page 2
Require an employee to sign a waiver that prohibits the employee from discussing or
disclosing the employee’s own wages, or another employee’s wages, if such wages have
been voluntarily disclosed.
The bill takes effect on July 1, 2020.
II. Present Situation:
Title VII of the Civil Rights Act of 19641
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on race, color,
religion, national origin, or sex. Title VII applies to employers having 15 or more employees and
outlines a number of unlawful employment practices. For instance, it is unlawful for employers
to refuse to hire, discharge, or otherwise discriminate against an individual with respect to
compensation, terms, conditions, or privileges of employment, based on race, color, religion,
national origin, or sex.2 The status of pregnancy is subsumed as a protected class in the category
of sex discrimination.3 Currently, it is unclear if Title VII grants sexual orientation or gender
identity protected status. Although the Equal Employment Opportunity Commission (EEOC) has
produced guidelines stating that Title VII covers sexual orientation, many federal courts decline
to interpret sexual orientation as protected under Title VII.4
Florida Civil Rights Act
In 1992, the Florida Legislature enacted the Florida Civil Rights Act (FCRA) to protect persons
from discrimination in education, employment, housing, and public accommodations. In addition
to the classes of race, color, religion, sex, and national origin protected in Title VII, the FCRA
includes age, handicap, and marital status as protected classes.5 The Florida Legislature added
pregnancy as a protected status under the FCRA in 2015.6
Similar to Title VII, the FCRA specifically provides a number of actions that, if undertaken by
an employer, are considered unlawful employment practices.7 Courts interpreting the FCRA
typically follow federal precedent because the FCRA is generally patterned after Title VII. Still,
differences between the state and federal law persist. As noted above, the FCRA includes age,
handicap, and marital status as protected categories. Although Title VII does not include these
statuses, other federal laws address age and disability.8
1
42 U.S.C. 2000e et. seq.
2
42 U.S.C. 2000e-2.
3
42 U.S.C. 2000e(k).
4
Katherine McAnallen, NCSL Legisbrief, Sexual Orientation in Employment Discrimination Laws, Vol. 23, No. 34 (Sept.
2015).
5
Section 760.10(1)(a), F.S.
6
Ch. 2015-68, Laws of Fla.
7
Section 760.10(2) through (8), F.S.
8
Kendra D. Presswood, Interpreting the Florida Civil Rights Act of 1992, 87 FLA. B.J. 36, 36 (Dec. 2013).
BILL: SB 90 Page 3
Procedure for Filing Claims of Discrimination
A person who believes that he or she has been the target of unlawful discrimination may file a
complaint with the Florida Commission on Human Relations (FCHR) within 365 days of the
alleged violation.9 After a person files a claim of discrimination with the FCHR, the FCHR
investigates the complaint.10 The FCHR then must make a reasonable cause determination within
180 days after the filing of the complaint.11 If the FCHR finds reasonable cause, the plaintiff may
bring a civil action or make a request for an administrative hearing.12 A plaintiff is required to
file a state claim in civil court under the FCRA within 1 year of the determination of reasonable
cause by the FCHR.13
If the FCHR returns a finding of no reasonable cause, the complainant may request an
administrative hearing with the Division of Administrative Hearings (DOAH) within 35 days of
the finding.14 The DOAH will issue a recommended order, which the FCHR may reject, adopt,
or modify by issuing a final order.15
Remedies
Administrative Remedies If the Commission Pursues Administrative Action
Affirmative relief includes prohibition of the wrongful practice and back pay. The FCHR may
also award reasonable attorney’s fees to the prevailing party.16
Civil Remedies If the Person Pursues a Legal Action
State law authorizes awards of back pay, compensatory damages, and punitive damages.17
Compensatory damages include damages for mental anguish, loss of dignity, and any other
intangible injuries.18 Punitive damages are capped at $100,000 regardless of the size of the
employer.19 The state and its agencies and subdivisions of the state are not liable for punitive
damages20 or recovery amounts in excess of the limited waiver of sovereign immunity.21
Equal Pay Act (EPA)
The EPA requires that men and women in the same workplace be given equal pay for completing
the same work.22 The factors taken into consideration when determining if jobs are equal are
9
Section 760.11(1), F.S.
10
Section 760.11(3), F.S.
11
Id.
12
Section 760.11(4), F.S.
13
Section 760.11(5), F.S.
14
Section 760.11(7), F.S.
15
Id.
16
Section 760.11(6), F.S.
17
Section 760.11(5), F.S
18
Id.
19
Id.
20
Id.
21
Id. Section 768.28(5), F.S., provides that damages against a state, its agencies, or subdivisions are capped at $200,000 per
claim or $300,000 per incident. A plaintiff may pursue a claim bill to recover in excess of these caps, but claim bills are
subject to the prerogative of the Legislature.
22
EEOC, Facts About Equal Pay and Compensation Discrimination, available at https://www.eeoc.gov/eeoc/publications/fs-
epa.cfm (last visited Feb. 17, 2020).
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skill, effort, responsibility, working conditions, and establishment.23 Pay differences are only
permitted when they are based on seniority, merit, quantity of production, or a factor other than
sex, and an employer bears the burden of proving that one of those affirmative defenses apply.24
Under the EPA, a prevailing employee can potentially receive back pay, attorney’s fees,
litigation costs, and liquidated damages.25
Worker Protections in Florida
In Florida, Complaints of discrimination or harassment in the workplace are typically handled by
the FCHR and the EEOC.26
Florida law provides that an employer cannot discriminate between employees on the basis of
sex by paying wages to employees at a rate less than the rate the employer pays to employees of
the opposite sex for equal work on jobs that require equal skill, effort, responsibility, and similar
working conditions.27 However, exceptions exist when payments are made based upon a
seniority system, a merit system, a system which measures earnings by quantity or quality of
product, or if there is a differential based on a reasonable factor other than sex when exercised in
good faith.28 Additionally, Section 448.07, F.S. provides the potential remedy of a civil action for
unpaid wages.29
Florida Whistleblower’s Act
Florida’s Whistleblower’s Act (FWA) protects employees from certain retaliatory personnel
actions taken by an employer. Sections 448.101- 448.105, F.S., prohibit employers from taking
any retaliatory personnel action against an employee who has refused to participate in any
activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.
Employers are also prohibited from taking any retaliatory personnel action against an employee
who has disclosed, threatened to disclose, provided information to, or testified before, any
appropriate governmental agency or investigative entity, regarding an activity, policy, or practice
of the employer that is in violation of a law, rule, or regulation.30 The FWA applies to private
employers with 10 or more employees31 and provides employees with a civil cause of action as a
remedy for relief.32
Other Worker Protections
The federal Fair Labor Standards Act (FLSA) requires covered employees to comply with
minimum wage, overtime pay, recordkeeping, and child labor standards. Employers that do not
comply with the FLSA or take prohibited adverse action against an employee who reports
23
Id.
24
Id.
25
Id.
26
The roles of Florida’s agencies are specified under ch. 20, F.S.
27
Section 448.07(2), F.S.
28
Id.
29
Section 448.07(3), F.S.
30
Section 448.102, F.S.
31
Similarly, provisions under s. 112.3187, F.S., protect public employees from adverse personnel action if the employee
discloses information pertaining to an employer’s alleged violation of law.
32
Section 448.103, F.S.
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information pertaining to a violation of the FLSA may be subject to a suit for relief. Remedies
for an employee under the FLSA include reinstatement, payment of lost wages, and damages.33
The Occupational Safety and Health Administration (OSHA) is an agency under the USDOL,
and is responsible for establishing health and safety standards in the workplace.34 Employers that
fail to meet these standards may be subject to inspection and penalties. Employees who report
unsafe workplace issues to the OSHA are protected from retaliatory action taken by employers
under whistleblower provisions.35
III. Effect of Proposed Changes:
Section 1 creates the “Senator Helen Gordon Davis Fair Pay Protection Act.”
Section 2 amends s. 448.07(1), F.S. to add the following definitions;
“Business necessity” means an overriding legitimate business purpose that relies on a bona
fide factor to effectively fulfill such business purpose; and
“Less favorable employment opportunity” means:
o Assigning or directing an employee to a position or career track in which the work
performed requires substantially less skill, effort, and responsibility than the work
performed by the majority of individuals in the employee’s same occupation and labor
market area;
o Failing to provide an employee with information about promotions or advancement in the
full range of career tracks offered by the employer;
o Assigning the employee work less likely to lead to a promotion or career advancement
opportunity; or
o Limiting or depriving an employee of a promotion or career advancement opportunity
that would otherwise be available to the employee but for the employee’s sex.
The bill revises the standards and applicability of s. 448.07(2), F.S., to prohibit an employer from
providing less favorable employment opportunities to an employee based on their sex or pay the
employee at a rate less than the rate the employer pays to an employee of the opposite sex for
substantially similar work on a job that requires equal skill, effort, and responsibility, and which
is performed under similar working conditions.
The bill amends a current exception to the above prohibition by requiring a “bona fide factor”
other than sex. The bill also establishes that such exception will only apply if the employer
demonstrates that the factor is not based on a sex-based wage differential, is job-related, and is
consistent with a business necessity. However, if the employee demonstrates that an alternative
business practice exists that would serve the same business purpose without producing a wage
differential, then the exception does not apply.
33
USDOL Wage and Hour Division, Handy Reference Guide to the FLSA, available at
https://www.dol.gov/whd/regs/compliance/hrg.htm (last visited Feb. 17, 2020).
34
USDOL Occupational Safety and Health Administration, About OSHA, available at https://www.osha.gov/about.html (last
visited Feb. 17, 2020).
35
USDOL Occupational Safety and Health Administration, All About OSHA, available at
https://www.osha.gov/Publications/all_about_OSHA.pdf (last visited Feb. 17, 2020).
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The bill amends s. 448.07(3), F.S., to provide that any employer who violates s. 448.07, F.S., is
liable to the employee for the difference between the amount the employee was paid and the
amount he or she should have been paid, as well as, liquidated damages.
The bill changes the time limit that an aggrieved employee has to file a civil action from 6
months after termination of employment to 3 years after the date of the alleged violation.36
The bill creates s. 448.07(4), F.S., to provide the following civil penalties for employer’s who
violate s. 448.07, F.S.;
Not to exceed $2,500 for a first violation;
Not to exceed $3,000 for a second violation; and
Not to exceed $5,000 for a third or subsequent violation.
Section 3 amends s. 448.102, F.S., to add that an employer may not take any retaliatory or
discriminatory personnel action against an employee based upon s. 448.102(1)-(4), F.S.
The bill creates s. 448.102(4), F.S., which adds that an employer may not take any retaliatory or
discriminatory personnel action against an employee who discussed or disclosed the employee’s
own wages, inquired about another employee’s wages, discussed another employee’s wages, if
such wages have been voluntarily disclosed, requested that the employer provide a reason for the
amount of the employee’s own wages, or testified or will testify, assisted, or participated in an
investigation or proceeding under s. 448.102, F.S.
Section 4 creates s. 448.111, F.S., to provide that an employer may not:
Rely on salary or wage history in determining an employee’s salary or wages;
Orally or in writing seek, request, or require wage or salary history as a condition of being
interviewed, as a condition of continuing to be considered for an offer of employment, or as a
condition of employment or promotion;
Orally or in writing seek, request, or require wage or salary history;
Retaliate against or refuse to interview, hire, promote, or otherwise employ an employee
based upon prior wage or salary history, because the employee did not provide wage or
salary history, or because the employee filed a complaint alleging a violation of s. 448.111,
F.S.; or
Require an employee to sign a waiver or any other document that prohibits the employee
from discussing or disclosing the employee’s own wages, inquiring about another
employee’s wages, or discussing another employee’s wages, if such wages have been
voluntarily disclosed.
The bill clarifies that s. 448.111, F.S., does not prevent an employee from voluntarily disclosing
salary or wage history, and establishes that an employer may confirm salary or wage history only
if, at the time an offer of employment with compensation is made, the prospective employee
36
The bill provides that a “violation” occurs when a discriminatory compensation decision or other practice is adopted, when
an employee becomes subject to a discriminatory compensation decision or other practice, or when an employee is affected
by the application of a discriminatory compensation decision or other practice, including each time wages are paid, resulting
in whole or in part from such a decision or other practice.
BILL: SB 90 Page 7
responds to the offer by providing prior wage information to support a wage higher than that
offered by the employer.
Section 5 provides that the bill takes effect on July 1, 2020.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may expand the population of employees authorized to bring claims based on
employment wage discrimination, which could increase costs in litigation for employers.
C. Government Sector Impact:
The bill may expand the population of employees authorized to bring claims based on
employment wage discrimination, which could increase costs in litigation for employers.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
BILL: SB 90 Page 8
VIII. Statutes Affected:
This bill substantially amends ss. 448.07 and 448.102 of the Florida Statutes.
This bill creates s. 448.111 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
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LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/18/2020 .
.
.
.
The Committee on Commerce and Tourism (Torres) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 211 and 212
4 insert:
5 Section 5. Section 509.092, Florida Statutes, is amended to
6 read:
7 509.092 Public lodging establishments and public food
8 service establishments; rights as private enterprises.—
9 (1) Public lodging establishments and public food service
10 establishments are private enterprises, and the operator has the
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11 right to refuse accommodations or service to any person who is
12 objectionable or undesirable to the operator, but such refusal
13 may not be based upon race, creed, color, sex, pregnancy,
14 physical disability, sexual orientation, gender identity, or
15 national origin.
16 (2) A person aggrieved by a violation of this section or a
17 violation of a rule adopted under this section has a right of
18 action pursuant to s. 760.11.
19 (3) This section does not limit the free exercise of
20 religion guaranteed by the United States Constitution and the
21 State Constitution.
22 Section 6. Subsection (1) of section 760.01, Florida
23 Statutes, is republished, and subsection (2) of that section is
24 amended, to read:
25 760.01 Purposes; construction; title.—
26 (1) Sections 760.01-760.11 and 509.092 shall be cited as
27 the “Florida Civil Rights Act of 1992.”
28 (2) The general purposes of the Florida Civil Rights Act of
29 1992 are to secure for all individuals within the state freedom
30 from discrimination because of race, color, religion, sex,
31 pregnancy, national origin, age, sexual orientation, gender
32 identity, handicap, or marital status and thereby to protect
33 their interest in personal dignity, to make available to the
34 state their full productive capacities, to secure the state
35 against domestic strife and unrest, to preserve the public
36 safety, health, and general welfare, and to promote the
37 interests, rights, and privileges of individuals within the
38 state.
39 Section 7. Section 760.02, Florida Statutes, is reordered
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40 and amended to read:
41 760.02 Definitions.—For the purposes of ss. 760.01-760.11
42 and 509.092, the term:
43 (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01-
44 760.11 and 509.092.
45 (2) “Commission” means the Florida Commission on Human
46 Relations created by s. 760.03.
47 (3) “Commissioner” or “member” means a member of the
48 commission.
49 (4) “Discriminatory practice” means any practice made
50 unlawful by the Florida Civil Rights Act of 1992.
51 (10)(5) “National origin” includes ancestry.
52 (11)(6) “Person” includes an individual, association,
53 corporation, joint apprenticeship committee, joint-stock
54 company, labor union, legal representative, mutual company,
55 partnership, receiver, trust, trustee in bankruptcy, or
56 unincorporated organization; any other legal or commercial
57 entity; the state; or any governmental entity or agency.
58 (5)(7) “Employer” means any person employing 10 15 or more
59 employees for each working day in each of 20 or more calendar
60 weeks in the current or preceding calendar year, and any agent
61 of such a person.
62 (6)(8) “Employment agency” means any person regularly
63 undertaking, with or without compensation, to procure employees
64 for an employer or to procure for employees opportunities to
65 work for an employer, and includes an agent of such a person.
66 (8) “Gender identity” means gender-related identity,
67 appearance, or behavior, regardless of whether such gender-
68 related identity, appearance, or behavior is different from that
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69 traditionally associated with the person’s physiology or
70 assigned sex at birth.
71 (9) “Labor organization” means any organization that which
72 exists for the purpose, in whole or in part, of collective
73 bargaining or of dealing with employers concerning grievances,
74 terms or conditions of employment, or other mutual aid or
75 protection in connection with employment.
76 (1)(10) “Aggrieved person” means any person who files a
77 complaint with the Human Relations commission.
78 (12)(11) “Public accommodations” means places of public
79 accommodation, lodgings, facilities principally engaged in
80 selling food for consumption on the premises, gasoline stations,
81 places of exhibition or entertainment, and other covered
82 establishments. Each of the following establishments which
83 serves the public is a place of public accommodation within the
84 meaning of this section:
85 (a) Any inn, hotel, motel, or other establishment that
86 which provides lodging to transient guests, other than an
87 establishment located within a building that which contains not
88 more than four rooms for rent or hire and that which is actually
89 occupied by the proprietor of such establishment as his or her
90 residence.
91 (b) Any restaurant, cafeteria, lunchroom, lunch counter,
92 soda fountain, or other facility principally engaged in selling
93 food for consumption on the premises, including, but not limited
94 to, any such facility located on the premises of any retail
95 establishment, or any gasoline station.
96 (c) Any motion picture theater, theater, concert hall,
97 sports arena, stadium, or other place of exhibition or
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98 entertainment.
99 (d) Any establishment that which is physically located
100 within the premises of any establishment otherwise covered by
101 this subsection, or within the premises of which is physically
102 located any such covered establishment, and that which holds
103 itself out as serving patrons of such covered establishment.
104 (13) “Sexual orientation” means an individual’s
105 heterosexuality, homosexuality, or bisexuality.
106 Section 8. Section 760.05, Florida Statutes, is amended to
107 read:
108 760.05 Functions of the commission.—The commission shall
109 promote and encourage fair treatment and equal opportunity for
110 all persons regardless of race, color, religion, sex, pregnancy,
111 national origin, age, sexual orientation, gender identity,
112 handicap, or marital status and mutual understanding and respect
113 among all members of society. The commission all economic,
114 social, racial, religious, and ethnic groups; and shall endeavor
115 to eliminate discrimination against, and antagonism between,
116 persons on the basis of race, color, religion, sex, pregnancy,
117 national origin, age, sexual orientation, gender identity,
118 handicap, or marital status religious, racial, and ethnic groups
119 and their members.
120 Section 9. Section 760.07, Florida Statutes, is amended to
121 read:
122 760.07 Remedies for unlawful discrimination.—Any violation
123 of any state law Florida statute making unlawful discrimination
124 because of race, color, religion, gender, pregnancy, national
125 origin, age, sexual orientation, gender identity, handicap, or
126 marital status in the areas of education, employment, housing,
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127 or public accommodations gives rise to a cause of action for all
128 relief and damages described in s. 760.11(5), unless greater
129 damages are expressly provided for. If the statute prohibiting
130 unlawful discrimination provides an administrative remedy, the
131 action for equitable relief and damages provided for in this
132 section may be initiated only after the plaintiff has exhausted
133 his or her administrative remedy. The term “public
134 accommodations” does not include lodge halls or other similar
135 facilities of private organizations which are made available for
136 public use occasionally or periodically. The right to trial by
137 jury is preserved in any case in which the plaintiff is seeking
138 actual or punitive damages.
139 Section 10. Section 760.08, Florida Statutes, is amended to
140 read:
141 760.08 Discrimination in places of public accommodation.—
142 All persons are entitled to the full and equal enjoyment of the
143 goods, services, facilities, privileges, advantages, and
144 accommodations of any place of public accommodation without
145 discrimination or segregation on the ground of race, color,
146 national origin, sex, sexual orientation, gender identity,
147 pregnancy, handicap, familial status, or religion.
148 Section 11. Subsections (1) and (2), paragraphs (a) and (b)
149 of subsection (3), subsections (4), (5), and (6), paragraph (a)
150 of subsection (8), and subsection (9) of section 760.10, Florida
151 Statutes, are amended, and subsection (10) of that section is
152 republished, to read:
153 760.10 Unlawful employment practices.—
154 (1) It is an unlawful employment practice for an employer:
155 (a) To discharge or to fail or refuse to hire any
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156 individual, or otherwise to discriminate against any individual
157 with respect to compensation, terms, conditions, or privileges
158 of employment, because of such individual’s race, color,
159 religion, sex, pregnancy, national origin, age, sexual
160 orientation, gender identity, handicap, or marital status.
161 (b) To limit, segregate, or classify employees or
162 applicants for employment in any way that which would deprive or
163 tend to deprive any individual of employment opportunities, or
164 adversely affect any individual’s status as an employee, because
165 of such individual’s race, color, religion, sex, pregnancy,
166 national origin, age, sexual orientation, gender identity,
167 handicap, or marital status.
168 (2) It is an unlawful employment practice for an employment
169 agency to fail or refuse to refer for employment, or otherwise
170 to discriminate against, any individual because of race, color,
171 religion, sex, pregnancy, national origin, age, sexual
172 orientation, gender identity, handicap, or marital status or to
173 classify or refer for employment any individual on the basis of
174 race, color, religion, sex, pregnancy, national origin, age,
175 sexual orientation, gender identity, handicap, or marital
176 status.
177 (3) It is an unlawful employment practice for a labor
178 organization:
179 (a) To exclude or to expel from its membership, or
180 otherwise to discriminate against, any individual because of
181 race, color, religion, sex, pregnancy, national origin, age,
182 sexual orientation, gender identity, handicap, or marital
183 status.
184 (b) To limit, segregate, or classify its membership or
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185 applicants for membership, or to classify or fail or refuse to
186 refer for employment any individual, in any way that would
187 deprive or tend to deprive any individual of employment
188 opportunities, or adversely affect any individual’s status as an
189 employee or as an applicant for employment, because of such
190 individual’s race, color, religion, sex, pregnancy, national
191 origin, age, sexual orientation, gender identity, handicap, or
192 marital status.
193 (4) It is an unlawful employment practice for any employer,
194 labor organization, or joint labor-management committee
195 controlling apprenticeship or other training or retraining,
196 including on-the-job training programs, to discriminate against
197 any individual because of race, color, religion, sex, pregnancy,
198 national origin, age, sexual orientation, gender identity,
199 handicap, or marital status in admission to, or employment in,
200 any program established to provide apprenticeship or other
201 training.
202 (5) Whenever, in order to engage in a profession,
203 occupation, or trade, it is required that a person receive a
204 license, certification, or other credential;, become a member or
205 an associate of any club, association, or other organization;,
206 or pass any examination, it is an unlawful employment practice
207 for any person to discriminate against any other person seeking
208 such license, certification, or other credential;, seeking to
209 become a member or associate of such club, association, or other
210 organization;, or seeking to take or pass such examination,
211 because of such other person’s race, color, religion, sex,
212 pregnancy, national origin, age, sexual orientation, gender
213 identity, handicap, or marital status.
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214 (6) It is an unlawful employment practice for an employer,
215 a labor organization, an employment agency, or a joint labor-
216 management committee to print, or cause to be printed or
217 published, any notice or advertisement relating to employment,
218 membership, classification, referral for employment, or
219 apprenticeship or other training which indicates, indicating any
220 preference, limitation, specification, or discrimination, based
221 on race, color, religion, sex, pregnancy, national origin, age,
222 sexual orientation, gender identity, absence of handicap, or
223 marital status.
224 (8) Notwithstanding any other provision of this section, it
225 is not an unlawful employment practice under ss. 760.01-760.10
226 for an employer, employment agency, labor organization, or joint
227 labor-management committee to:
228 (a) Take or fail to take any action on the basis of
229 religion, sex, pregnancy, national origin, age, sexual
230 orientation, gender identity, handicap, or marital status in
231 those certain instances in which religion, sex, condition of
232 pregnancy, national origin, age, sexual orientation, gender
233 identity, absence of a particular handicap, or marital status is
234 a bona fide occupational qualification reasonably necessary for
235 the performance of the particular employment to which such
236 action or inaction is related.
237 (9)(a) This section does shall not apply to any religious
238 corporation, association, educational institution, or society
239 that which conditions opportunities in the area of employment or
240 public accommodation to members of that religious corporation,
241 association, educational institution, or society or to persons
242 who subscribe to its tenets or beliefs.
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243 (b) This section does shall not prohibit a religious
244 corporation, association, educational institution, or society
245 from giving preference in employment to individuals of a
246 particular religion to perform work connected with the carrying
247 on by such corporations, associations, educational institutions,
248 or societies of its various activities.
249 (c) This section and s. 760.08 do not limit the free
250 exercise of religion guaranteed by the United States
251 Constitution and the State Constitution.
252 (10) Each employer, employment agency, and labor
253 organization shall post and keep posted in conspicuous places
254 upon its premises a notice provided by the commission setting
255 forth such information as the commission deems appropriate to
256 effectuate the purposes of ss. 760.01-760.10.
257 Section 12. Section 760.22, Florida Statutes, is amended to
258 read:
259 760.22 Definitions.—As used in ss. 760.20-760.37, the term:
260 (1) “Commission” means the Florida Commission on Human
261 Relations.
262 (2) “Covered multifamily dwelling” means:
263 (a) A building that which consists of four or more units
264 and has an elevator; or
265 (b) The ground floor units of a building that which
266 consists of four or more units and does not have an elevator.
267 (3) “Discriminatory housing practice” means an act that is
268 unlawful under the terms of ss. 760.20-760.37.
269 (4) “Dwelling” means any building or structure, or portion
270 thereof, which is occupied as, or designed or intended for
271 occupancy as, a residence by one or more families, and any
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272 vacant land that which is offered for sale or lease for the
273 construction or location on the land of any such building or
274 structure, or portion thereof.
275 (5) “Familial status” is established when an individual who
276 has not attained the age of 18 years is domiciled with:
277 (a) A parent or other person having legal custody of such
278 individual; or
279 (b) A designee of a parent or other person having legal
280 custody, with the written permission of such parent or other
281 person.
282 (6) “Family” includes a single individual.
283 (7) “Gender identity” has the same meaning as provided in
284 s. 760.02.
285 (8)(7) “Handicap” means:
286 (a) A person has a physical or mental impairment that which
287 substantially limits one or more major life activities of a
288 person who has, or he or she has a record of having, or is
289 regarded as having that, such physical or mental impairment; or
290 (b) A person has a developmental disability as defined in
291 s. 393.063.
292 (9)(8) “Person” includes one or more individuals,
293 corporations, partnerships, associations, labor organizations,
294 legal representatives, mutual companies, joint-stock companies,
295 trusts, unincorporated organizations, trustees, trustees in
296 bankruptcy, receivers, and fiduciaries.
297 (10) “Sexual orientation” has the same meaning as provided
298 in s. 760.02.
299 (11)(9) “Substantially equivalent” means an administrative
300 subdivision of the State of Florida meeting the requirements of
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301 24 C.F.R. part 115, s. 115.6.
302 (12)(10) “To rent” includes to lease, to sublease, to let,
303 and otherwise to grant for a consideration the right to occupy
304 premises not owned by the occupant.
305 Section 13. Subsections (1) through (5) of section 760.23,
306 Florida Statutes, are amended to read:
307 760.23 Discrimination in the sale or rental of housing and
308 other prohibited practices.—
309 (1) It is unlawful to refuse to sell or rent after the
310 making of a bona fide offer, to refuse to negotiate for the sale
311 or rental of, or otherwise to make unavailable or deny a
312 dwelling to any person because of race, color, national origin,
313 sex, sexual orientation, gender identity, handicap, familial
314 status, or religion.
315 (2) It is unlawful to discriminate against any person in
316 the terms, conditions, or privileges of sale or rental of a
317 dwelling, or in the provision of services or facilities in
318 connection therewith, because of race, color, national origin,
319 sex, sexual orientation, gender identity, handicap, familial
320 status, or religion.
321 (3) It is unlawful to make, print, or publish, or cause to
322 be made, printed, or published, any notice, statement, or
323 advertisement with respect to the sale or rental of a dwelling
324 that indicates any preference, limitation, or discrimination
325 based on race, color, national origin, sex, sexual orientation,
326 gender identity, handicap, familial status, or religion or an
327 intention to make any such preference, limitation, or
328 discrimination.
329 (4) It is unlawful to represent to any person because of
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330 race, color, national origin, sex, sexual orientation, gender
331 identity, handicap, familial status, or religion that any
332 dwelling is not available for inspection, sale, or rental when
333 such dwelling is in fact so available.
334 (5) It is unlawful, for profit, to induce or attempt to
335 induce any person to sell or rent any dwelling by a
336 representation regarding the entry or prospective entry into the
337 neighborhood of a person or persons of a particular race, color,
338 national origin, sex, sexual orientation, gender identity,
339 handicap, familial status, or religion.
340 Section 14. Section 760.24, Florida Statutes, is amended to
341 read:
342 760.24 Discrimination in the provision of brokerage
343 services.—It is unlawful to deny any person access to, or
344 membership or participation in, any multiple-listing service,
345 real estate brokers’ organization, or other service,
346 organization, or facility relating to the business of selling or
347 renting dwellings, or to discriminate against him or her in the
348 terms or conditions of such access, membership, or
349 participation, because on account of race, color, national
350 origin, sex, sexual orientation, gender identity, handicap,
351 familial status, or religion.
352 Section 15. Subsection (1) and paragraph (a) of subsection
353 (2) of section 760.25, Florida Statutes, are amended to read:
354 760.25 Discrimination in the financing of housing or in
355 residential real estate transactions.—
356 (1) It is unlawful for any bank, building and loan
357 association, insurance company, or other corporation,
358 association, firm, or enterprise the business of which consists
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359 in whole or in part of the making of commercial real estate
360 loans to deny a loan or other financial assistance to a person
361 applying for the loan for the purpose of purchasing,
362 constructing, improving, repairing, or maintaining a dwelling,
363 or to discriminate against him or her in the fixing of the
364 amount, interest rate, duration, or other term or condition of
365 such loan or other financial assistance, because of the race,
366 color, national origin, sex, sexual orientation, gender
367 identity, handicap, familial status, or religion of such person
368 or of any person associated with him or her in connection with
369 such loan or other financial assistance or the purposes of such
370 loan or other financial assistance, or because of the race,
371 color, national origin, sex, sexual orientation, gender
372 identity, handicap, familial status, or religion of the present
373 or prospective owners, lessees, tenants, or occupants of the
374 dwelling or dwellings in relation to which such loan or other
375 financial assistance is to be made or given.
376 (2)(a) It is unlawful for any person or entity whose
377 business includes engaging in residential real estate
378 transactions to discriminate against any person in making
379 available such a transaction, or in the terms or conditions of
380 such a transaction, because of race, color, national origin,
381 sex, sexual orientation, gender identity, handicap, familial
382 status, or religion.
383 Section 16. Section 760.26, Florida Statutes, is amended to
384 read:
385 760.26 Prohibited discrimination in land use decisions and
386 in permitting of development.—It is unlawful to discriminate in
387 land use decisions or in the permitting of development based on
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388 race, color, national origin, sex, sexual orientation, gender
389 identity, disability, familial status, religion, or, except as
390 otherwise provided by law, the source of financing of a
391 development or proposed development.
392 Section 17. Paragraph (a) of subsection (5) of section
393 760.29, Florida Statutes, is amended to read:
394 760.29 Exemptions.—
395 (5) Nothing in ss. 760.20-760.37:
396 (a) Prohibits a person engaged in the business of
397 furnishing appraisals of real property from taking into
398 consideration factors other than race, color, national origin,
399 sex, sexual orientation, gender identity, handicap, familial
400 status, or religion.
401 Section 18. Subsection (1) of section 760.60, Florida
402 Statutes, is amended to read:
403 760.60 Discriminatory practices of certain clubs
404 prohibited; remedies.—
405 (1) It is unlawful for a person to discriminate against any
406 individual because of race, color, religion, gender, national
407 origin, handicap, age above the age of 21, sexual orientation,
408 gender identity, or marital status in evaluating an application
409 for membership in a club that has more than 400 members, that
410 provides regular meal service, and that regularly receives
411 payment for dues, fees, use of space, facilities, services,
412 meals, or beverages directly or indirectly from nonmembers for
413 business purposes. It is unlawful for a person, on behalf of
414 such a club, to publish, circulate, issue, display, post, or
415 mail any advertisement, notice, or solicitation that contains a
416 statement to the effect that the accommodations, advantages,
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417 facilities, membership, or privileges of the club are denied to
418 any individual because of race, color, religion, gender,
419 national origin, handicap, age above the age of 21, sexual
420 orientation, gender identity, or marital status. This subsection
421 does not apply to fraternal or benevolent organizations, ethnic
422 clubs, or religious organizations where business activity is not
423 prevalent.
424 Section 19. Paragraph (e) of subsection (1) of section
425 419.001, Florida Statutes, is amended to read:
426 419.001 Site selection of community residential homes.—
427 (1) For the purposes of this section, the term:
428 (e) “Resident” means any of the following: a frail elder as
429 defined in s. 429.65; a person who has a handicap as defined in
430 s. 760.22(8)(a) s. 760.22(7)(a); a person who has a
431 developmental disability as defined in s. 393.063; a
432 nondangerous person who has a mental illness as defined in s.
433 394.455; or a child who is found to be dependent as defined in
434 s. 39.01 or s. 984.03, or a child in need of services as defined
435 in s. 984.03 or s. 985.03.
436
437 ================= T I T L E A M E N D M E N T ================
438 And the title is amended as follows:
439 Delete lines 2 - 17
440 and insert:
441 An act relating to prohibited discrimination; creating
442 the “Senator Helen Gordon Davis Fair Pay Protection
443 Act”; amending s. 448.07, F.S.; defining terms;
444 prohibiting an employer from providing less favorable
445 employment opportunities to employees based on their
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446 sex; providing exceptions; revising applicability;
447 providing civil penalties; amending s. 448.102, F.S.;
448 prohibiting an employer from taking certain employment
449 actions against employees; creating s. 448.111, F.S.;
450 prohibiting an employer from engaging in certain
451 activities relating to wages and benefits; prohibiting
452 an employer from requiring employees to sign certain
453 waivers and documents; providing applicability;
454 authorizing an employer to confirm wage or salary
455 history under certain conditions; amending s. 509.092,
456 F.S.; adding sexual orientation and gender identity as
457 impermissible grounds for discrimination in public
458 lodging establishments and public food service
459 establishments; providing an exception for
460 constitutionally protected free exercise of religion;
461 amending s. 760.01, F.S.; revising the purposes of the
462 Florida Civil Rights Act of 1992 to conform to changes
463 made by the act; reordering and amending s. 760.02,
464 F.S.; revising the definition of the term “employer”;
465 defining the terms “gender identity” and “sexual
466 orientation”; amending s. 760.05, F.S.; revising the
467 functions of the Florida Commission on Human Relations
468 to conform to changes made by the act; amending s.
469 760.07, F.S.; revising provisions regarding remedies
470 for unlawful discrimination to include discrimination
471 based on sexual orientation and gender identity to
472 conform to changes made by the act; amending s.
473 760.08, F.S.; adding sexual orientation and gender
474 identity as impermissible grounds for discrimination
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475 in places of public accommodation; amending s. 760.10,
476 F.S.; adding sexual orientation and gender identity as
477 impermissible grounds for discrimination with respect
478 to specified unlawful employment practices; providing
479 an exception for constitutionally protected free
480 exercise of religion; amending s. 760.22, F.S.;
481 defining the terms “gender identity” and “sexual
482 orientation” for purposes of the Fair Housing Act;
483 amending ss. 760.23, 760.24, 760.25, and 760.26, F.S.;
484 adding sexual orientation and gender identity as
485 impermissible grounds for discrimination with respect
486 to the sale or rental of housing, the provision of
487 brokerage services, the financing of housing or in
488 residential real estate transactions, and land use
489 decisions or permitting of development, respectively;
490 amending s. 760.29, F.S.; revising an exemption from
491 the Fair Housing Act regarding the appraisal of real
492 property to conform to changes made by the act;
493 amending s. 760.60, F.S.; adding sexual orientation
494 and gender identity as impermissible grounds for
495 discrimination with respect to practices of certain
496 clubs; amending s. 419.001, F.S.; conforming a cross-
497 reference; providing an effective date
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By Senator Stewart
13-00036-20 202090__ 13-00036-20 202090__
1 A bill to be entitled 30 (a) “Business necessity” means an overriding legitimate
2 An act relating to discrimination in labor and 31 business purpose that relies on a bona fide factor, as described
3 employment; creating the “Senator Helen Gordon Davis 32 in subparagraph (2)(a)4., to effectively fulfill such business
4 Fair Pay Protection Act”; amending s. 448.07, F.S.; 33 purpose.
5 defining terms; prohibiting an employer from providing 34 (b)(a) “Employee” means any individual employed by an
6 less favorable employment opportunities to employees 35 employer, including individuals employed by the state or any of
7 based on their sex; providing exceptions; revising 36 its political subdivisions or instrumentalities of subdivisions.
8 applicability; providing civil penalties; amending s. 37 (c)(b) “Employer” means any person who employs two or more
9 448.102, F.S.; prohibiting an employer from taking 38 employees.
10 certain employment actions against employees; creating 39 (d) “Less favorable employment opportunity” means:
11 s. 448.111, F.S.; prohibiting an employer from 40 1. Assigning or directing an employee to a position or
12 engaging in certain activities relating to wages and 41 career track in which the work performed requires substantially
13 benefits; prohibiting an employer from requiring 42 less skill, effort, and responsibility than the work performed
14 employees to sign certain waivers and documents; 43 by the majority of individuals in the employee’s same occupation
15 providing applicability; authorizing an employer to 44 and labor market area;
16 confirm wage or salary history under certain 45 2. Failing to provide an employee with information about
17 conditions; providing an effective date. 46 promotions or advancement in the full range of career tracks
18 47 offered by the employer;
19 Be It Enacted by the Legislature of the State of Florida: 48 3. Assigning the employee work less likely to lead to a
20 49 promotion or career advancement opportunity; or
21 Section 1. This act may be cited as the “Senator Helen 50 4. Limiting or depriving an employee of a promotion or
22 Gordon Davis Fair Pay Protection Act.” 51 career advancement opportunity that would otherwise be available
23 Section 2. Section 448.07, Florida Statutes, is reordered 52 to the employee but for the employee’s sex.
24 and amended to read: 53 (g)(c) “Wages” means and includes all compensation paid by
25 448.07 Wage rate discrimination based on sex prohibited.— 54 an employer or the employer’s his or her agent for the
26 (1) DEFINITIONS.—As used in this section, unless the 55 performance of service by an employee, including the cash value
27 context or subject matter clearly requires otherwise, the term 56 of all compensation paid in any medium other than cash.
28 following terms shall have the meanings as defined in this 57 (e)(d) “Rate” with reference to wages means the basis of
29 section: 58 compensation for services by an employee for an employer and
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59 includes compensation based on time spent in the performance of 88 business necessity. This subparagraph does not apply if the
60 such services, on the number of operations accomplished, or on 89 employee demonstrates that an alternative business practice
61 the quality produced or handled. 90 exists that would serve the same business purpose without
62 (f)(e) “Unpaid wages” means the difference between the 91 producing the wage differential.
63 wages actually paid to an employee and the wages required to be 92 (b) An employer who is paying a wage in violation of this
64 paid to an employee pursuant to subsection (3). 93 section may not reduce another employee’s wage to comply with
65 (2) DISCRIMINATION BASED ON BASIS OF SEX PROHIBITED.— 94 this section when exercised in good faith.
66 (a) An No employer may not provide a less favorable 95 (c)(b) A No person may not shall cause or attempt to cause
67 employment opportunity to an employee based on the employee’s 96 an employer to discriminate against an any employee in violation
68 shall discriminate between employees on the basis of sex or pay 97 of the provisions of this section.
69 the employee by paying wages to employees at a rate less than 98 (3) CIVIL ACTION FOR UNPAID WAGES.—Any employer or person
70 the rate the employer pays at which he or she pays wages to an 99 who violates the provisions of this section is liable to the
71 employee employees of the opposite sex for substantially similar 100 employee for the amount of the difference between the amount the
72 equal work on a job jobs the performance of which requires equal 101 employee was paid and the amount he or she should have been paid
73 skill, effort, and responsibility, and which is are performed 102 under this section, plus liquidated damages. Nothing in this
74 under similar working conditions, except when the employer 103 section allows a claimant to recover more than an amount equal
75 demonstrates the entire wage differential is based on one or 104 to his or her unpaid wages while so employed for 1 year prior to
76 more of the following reasonably applied factors when such 105 the filing of the claim. An action to recover such liability may
77 payment is made pursuant to: 106 be maintained in any court of competent jurisdiction by one or
78 1. A seniority system; 107 more employees on their own behalf or on behalf of other
79 2. A merit system; 108 employees similarly situated the aggrieved employee within 3
80 3. A system that which measures earnings by quantity or 109 years 6 months after the date of the alleged violation
81 quality of production; or 110 termination of employment. For purposes of this subsection, a
82 4. A bona fide differential based on any reasonable factor 111 violation occurs when a discriminatory compensation decision or
83 other than sex, including, but not limited to, education, 112 other practice is adopted, when an employee becomes subject to a
84 training, or experience. This subparagraph applies only if the 113 discriminatory compensation decision or other practice, or when
85 employer demonstrates that the factor is not based on, or 114 an employee is affected by the application of a discriminatory
86 derived from, a sex-based wage differential, is job-related with 115 compensation decision or other practice, including each time
87 respect to the position in question, and is consistent with a 116 wages are paid, resulting in whole or in part from such a
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117 decision or other practice. The court in such action may award 146 supervisor or the employer and has afforded the employer a
118 to the prevailing party costs of the action and a reasonable 147 reasonable opportunity to correct the activity, policy, or
119 attorney attorney’s fee. 148 practice.
120 (4) CIVIL PENALTIES.— 149 (2) Provided information to, or testified before, any
121 (a) An employer who violates this section is subject to a 150 appropriate governmental agency, person, or entity conducting an
122 civil penalty: 151 investigation, hearing, or inquiry into an alleged violation of
123 1. Not to exceed $2,500 for a first violation. 152 a law, rule, or regulation by the employer.
124 2. Not to exceed $3,000 for a second violation. 153 (3) Objected to, or refused to participate in, any
125 3. Not to exceed $5,000 for a third or subsequent 154 activity, policy, or practice of the employer which is in
126 violation. 155 violation of a law, rule, or regulation.
127 (b) In determining the amount of a civil penalty to be 156 (4)(a) Discussed or disclosed the employee’s own wages;
128 assessed under paragraph (a), a court of competent jurisdiction 157 (b) Inquired about another employee’s wages;
129 shall consider the severity of the violation Nothing in this 158 (c) Discussed another employee’s wages, if such wages have
130 section or in s. 725.07, relating to discrimination based on sex 159 been voluntarily disclosed by such employee;
131 in providing equal pay for equal services performed, is 160 (d) Requested that the employer provide a reason for the
132 applicable to any employer, labor organization or member 161 amount of the employee’s own wages; or
133 thereof, or employee whose employer is subject to the federal 162 (e) Testified or will testify, assisted, or participated in
134 Fair Labor Standards Act of 1938, as amended. 163 an investigation or proceeding under this section.
135 Section 3. Section 448.102, Florida Statutes, is amended to 164 Section 4. Section 448.111, Florida Statutes, is created to
136 read: 165 read:
137 448.102 Prohibitions.—An employer may not take any 166 448.111 Prohibited employer activities related to wages and
138 retaliatory or discriminatory personnel action against an 167 benefits.—
139 employee because the employee has: 168 (1) An employer may not:
140 (1) Disclosed, or threatened to disclose, to any 169 (a) Rely on the wage or salary history of a current,
141 appropriate governmental agency, under oath, in writing, an 170 former, or prospective employee in determining the wages or
142 activity, policy, or practice of the employer that is in 171 salary for such individual.
143 violation of a law, rule, or regulation. However, this 172 (b) Orally or in writing seek, request, or require the wage
144 subsection does not apply unless the employee has, in writing, 173 or salary history from a current, former, or prospective
145 brought the activity, policy, or practice to the attention of a 174 employee as a condition of being interviewed, as a condition of
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175 continuing to be considered for an offer of employment, or as a 204 prospective employee from voluntarily disclosing wage or salary
176 condition of employment or promotion. 205 history, including, but not limited to, for the purposes of
177 (c) Orally or in writing seek, request, or require the wage 206 negotiating wages or salary.
178 or salary history of a current, former, or prospective employee 207 (3) An employer may confirm wage or salary history only if,
179 from a current or former employer except as provided in 208 at the time an offer of employment with compensation is made,
180 subsection (3). 209 the prospective employee responds to the offer by providing
181 (d) Retaliate against or refuse to interview, hire, 210 prior wage information to support a wage higher than that
182 promote, or otherwise employ a current, former, or prospective 211 offered by the employer.
183 employee: 212 Section 5. This act shall take effect July 1, 2020.
184 1. Based upon prior wage or salary history.
185 2. Because the current, former, or prospective employee did
186 not provide wage or salary history in accordance with this
187 section.
188 3. Because the current, former, or prospective employee
189 filed a complaint alleging a violation of this section.
190 (e) Prohibit an employee from:
191 1. Discussing or disclosing the employee’s own wages;
192 2. Inquiring about another employee’s wages;
193 3. Discussing another employee’s wages, if such wages have
194 been voluntarily disclosed by such employee; or
195 4. Requesting that the employer provide a reason for the
196 amount of the employee’s own wages.
197 (f) Require an employee to sign a waiver or any other
198 document that prohibits the employee from:
199 1. Discussing or disclosing the employee’s own wages;
200 2. Inquiring about another employee’s wages; or
201 3. Discussing another employee’s wages, if such wages have
202 been voluntarily disclosed by such employee.
203 (2) This section does not prevent a current, former, or
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The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to t e Senator or Senate Professional Staff conduoting the meeting)
Me ting Date P, Q
Bill Number (if applicable)
Topic /ffoe Pei fo
Amendment Barcode (if applicable)
Name for. foLi fj ~ n / i'T
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Email
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Speaking: For Against I I Information
Waive S Wng: pin Support Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes o
spea/f a as/cert to ,™t therr remarts so tt as
This form is part of the ublic record for this meeting.
. The f or'da Senate
RECORD
Senator or Senate Professional
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Speaking
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Representing rZ
Appearing at request of Chair: Q Yes
Lobbyist registered with Legislature: Q Yes No
Tt»s form is part of the Dublin .. y persons as possible can be heard.
The Florida Senate
appearance ecord
2/18/2020 ( iver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
90
Bill Number (if applicable)
Amendment Barcode (if applicable)
Phone 06-766-5068
32225 Email 39uwfl ewitt@gma/l.co
Zip
Waive Speaking: Dn Support [~lAaainst
(The Chair will read this informatton int ihe reco d )
Representing AAUW of Florida
Appearing at request of Chair: Yes 0 No
Lobbyist registered with Legislature: Yes0No
This form is part of the public record for this meeting.
The Florida Senate /O -17-
APPEARANCE RECORD
(3ZO B0TH C°PieS 0,,hlS f0ml ,0 ,he Sena,0r °r Sena,e Pro,6SSi0nal conducting the meeting)
Meeting Date
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Topic T? ifSC fTWH H t , L Jh ir r ( k-
Amendment Barcode (if applicable)
Name mc
Job Title X\lld P ) ,T u y
Address
Street Phone 3 9 99
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City Email
Aj f 7 i
State Zip
Speaking: or I [Against I I Information
Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair:
Lobbyist registered with Legislature: f | Yes
This form is part of the public record for thic maal-inr*
The Florida Senate
/ appearance record
12 2.0°'™ B°TH 0f thi$ ,0m ,0 *he Se"a« e te P ofess,one, Staff conducting the meeting,
Ij/feeting D tt
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The Florida Senate
2/18/20
Meeting Date
SB 90
Bill Number (if applicable)
T°Pic Dlscnmination in Labor and Emnln /mo t
Name Kara Gross Amendment Barcode (if applicable)
Job Title Legislative Director
Address 4343 West Flagler St
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The Florida Senate
Meeting Date
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Topic
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appearance Rbcord
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Bill Number (if applicable)
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Appearing at request of Chair: Yes No
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appearance record
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or Senate Professional Staff conducting the
meeting)
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appearance record
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Meeting Date 9-q
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The Florida Sen te
appearance record
( Oliver both copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
Amendment Barcode (if applicable)
Phone 9f
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This form is part of the public record for this meeting.
The Florida Senate
APPEARANCE RECOttn|uctjng the meeting)
(Deliver BOTH copies of this form to the Senator or Senate Profession Staff
Meeting Date
SB G
Bill Number (if applicable)
T°Pic DJSC.ri'mi /ce nAl
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The Florida S nate
appearance record
De ver BOTH copies of th,s form to the Senator or Senate Professional Staff conducting the meeting)
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Meetin Date
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Appearing at request of Chair: Yes 0NO
Wh. *vmi i-cyis,enure: Lobbyist registered
| | Yeswith Legislature:
1 1 Dves
Nc 0NO
This form is part of the public record for this meeting.
The Florida Senate
appearance record
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting,
Meeting Date '8
Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name
Job Title
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Representing
Appearing at request of Chair: O Yes P no
Lobbyist registered with Legislature: CD Yes f~~| No
This form is part of the public record for this meeting.
S-001 (10/14/14)
The Florida Senate
appearance record
(Deliver BOTH cop,es of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
9
Bil1 Number (if applicable)
19 jp h A
Job Title
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This form is part of the public record for this meeting.
The Florida Senate
Meetin Date
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Bill Number (if applicabie
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This form is part of the public record for this - Pe™»s as posstble can be heard.
meeting.
The Florida Senate
appearance record
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2//?/26 2q
Meeting Date S69o
~BM Number (if applicable/
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Lobbyist registered with Legislature:
meeting. T ose who speak to be hear at this
This form is oar, f ,H„ o,.n , PerSOns 35 Posslhle can be heard.
The Florida Senate
Meeting Date
B I Number (if applicable)
HiQ t gf i
Amendment Barcode (if applicable)
Name av H -\\V.-« c .
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ir: Yes[ ]
Lobbyist registered with Legislature: Yes [0 No
While it is a Senate tradition to
meeting.
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who do speak „0 p af this
This form is part of the public record for this meeting.
The Florida Senate
APPEARANCE RECORD
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7 Meefng Date SB
Topic
Jj{( Amendment Barcode (if applicable)
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Representing u I
Appearing at request of Chair: I I Yes No Lobbyist registered with Legislature: | Ives " No
7
This form 15 Part of the public record for this meeting.
S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
Si l ) rr-fj <D0l'Ver B0TH °°PieS °f lhiS ,0rm to the Senalor or Senate Professional Staff conducting the meeting)
Meeting Date 9
Bill Number (if applicable)
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Representing H1
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W ile it is a Senate tradition to encourage public testimony, time may not ermit all er ons wishing to speak to be heard at this
meeting. Those who do spea may be asked to limit their remarks so that as many ersons as posVue can be h!ard
This form is part of the public record for this meetina
S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
! Meeting Date
Bill Number (if applicable)
TOpiC 1; Amendment Bsrco (if applicsHe)
Name ,.
Job Title
Address f -IV ¦ U f ¦ Phone
Str et
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Email
City State Zip
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(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: C Yes No Lobbyist registered with Legislature: [ |Yes _ No
While it Isa Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. s_001 (1 m 4)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
02/18/2020 SB 90
Meeting Date Bill Number (if applicable)
Topic Senate Bill 90 Amendment Barcode (if applicable)
Name David Barkey
Job Title Sr- & Southeastern Counsel, ADL (Anti-Defamation League)
Address 5295 Town Center Road, Ste. 300 Phone 561-988-2912
Street
Boca Raton FL 33486 Email dbarkey@adl.org
City State Zip
Speaking: For [ Against [ [information Waive Speaking: / In Support I I A ainst
(The Chair will read this information into the record.)
Representing ADL (Anti-Defamation League)
Appearing at request of Chair: I Ives I I No Lobbyist registered with Legislature: Yes I Ino
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
appearance record
2lizl?O (Deliver BOTH copies o, Ms , m the Senator or Senate Professio„a, Staff conducing the eeting.
Meeting Date
Bill Number (if applicable)
Topic L
Amendment Barcode (if applicable)
Name A t. \\(o\ }$k\
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Address
Street ' Phone s<\)
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iv® Spea ingj Q |n Support Against
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Representing fl or . nX
fl-l/ d ) 1 \ <\ c
Appearing at request of Chair: ( Yes J/ Tno
Lobbyist registered with Legislature: f fYes | | No
This form is part of the public record for this meeting.
The lorida Senate
APPEARA CE RECORD
| (DeL er BOTH c pi s oUhis ,orm ,o ,he Senator or Senate Professional Staff conducting the eeting,
Bill Number (if applicable)
2- 3392,
Amendment Barcode (if applicable)
Name Kn m i
Job Title (Ryh>// Js
Address j b Ai - fYl l)i
Phone
S
' State
2£Q± Zip
Email
Speaking: nFor Against information
Waive Speaking: I Pn Support Against
(The Chair will rea hls information into the record.)
Representing i ffci ( -
Appearing at request of Chair: ( Yes
Lobbyist registered with Legislature: t'Yes | | No
meeting. Those who do speak maybe!!klf!otm Z% thltfl any per ons Ts ossib cl be hea
This form is part of the ublic record for this meeting.
S-Om
The Florida Senate
APPEARANCE RECORD
(Deli er BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
l SK 0
Meemg
ig Date Bill Number (if applicable)
Topic q a) i Amendment Barcode (if applicable)
Name IM OjLjJ &f/
Job Title f7 h(T
Address O ( b . P /k k Phone
Phone S/~
Street
Email
City state Zip
Speaking: pFor Against | | Information Waive Spea ing: [~| In Support | | Against
(The Chair will read this information into the record.)
Representing ( Ji -fy
Appearing at request of Chair: Q Yes Lobbyist registered with Legislature: f fYes \ | No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do spea may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
appearance record
BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
2/11Az*
Meetim
ing Date
Bill Number (if applicable)
Amendment Barcode (if applicable)
Address
Street
Speaking, d] For [ I Against H] Information
Sr?ea!?n9: D 0 SuPPort Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes Q No
Lobbyist registered with Legislature: Yes No
The Florida Senate
APPEARANCE RECORD
(Deli er BOTH copies of this to , to the Senator or Senate Professional Staff conduoting
/WIZ- the meeting)
Meeting Date I
Bill Number (if applicable)
Topic uajjfj
1 Amendment Barcode (if applicable)
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( he Chair will read thiswill read this informatio
information into the record)
Representing -
»-
Appearing at request of Chair: Oves |2Tno
Lobbyist registered with Legislature: I Yes No
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting t e meeting)
t/
Meeting Date
Bill Number (if applicable)
Topic
~ t ¦
Amendment Barcode (if applicable)
Name 1 {*
Job Title 'V... >ifi t 7
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street I Phone
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Speaking: For Against | | Information
Waive Speaking: Tn Support Against
(The Chair will read this information into the record.)
Representing
y
Appearing at request of Chair: Yes 0 No Lobbyist registered with Legislature: Yes f No
The Florida Senate
APPEARANCE RECORD
(Deli er BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
s/z z-o
Meeting ls>ate Bill Number (if applicable)
Q'OUn Amendment Barcode (if applicable)
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Name
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(The Chair will readJliis nformation into the record.)
Representing Za h i i/o/(
Appearing at request of Chair: Q Yes [3 No Lobbyist registered with Legislature: H Yes | | No
While it is a Senate tradition to encourage ublic testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
CourtSmart Tag Report
Room: EL 110 Case No.: Type:
Caption: Senate Comerce Committee Judge:
Started: 2/18/2020 10:02:14 AM
Ends: 2/18/2020 11:35:43 AM Length: 01:33:30
10:02:13 AM Roll call
10:02:49 AM Tab 4, SB 1582, Sen. Simmons explain bill
10:03:42 AM 301124 Late-filed Amendment
10:04:33 AM Amendment adopted
10:06:12 AM Sponsor waive close
10:06:18 AM Roll call
10:06:25 AM SB 1582 reported favorable
10:06:52 AM Recess while we wait for bill sponsors
10:10:10 AM Chair Gruters call meeting back to order
10:10:29 AM
10:10:31 AM Tab 5, CS/SB 1632, Sen. Rouson
10:11:06 AM 322422 Amendment
10:11:17 AM Amendment W/D
10:11:27 AM Sen. Rouson close on bill
10:11:32 AM Roll call
10:11:40 AM CS/SB 1632 reported favorable
10:11:59 AM Tab 6, SB 90, Sen. Stewart
10:14:04 AM Late-filed Amendment by Sen. Torres
10:15:59 AM Amendment W/D
10:18:06 AM Speaker, Patricia DeWitt, AAUW of FL
10:20:47 AM Speaker, Malina Rayna Svanhild Farley Barratt, FL NOW
10:22:14 AM Speaker, Kim Porteous, Pres. FL NOW
10:24:28 AM Speaker, Jon Harris Maurer, Equality FL
10:25:43 AM Speaker, Dr. RichTemplin, FL AFL-CIO
10:26:46 AM Sen. Torres in debate
10:27:33 AM Sen. Stewart in debate
10:29:05 AM Chair comments
10:29:19 AM Sen. Stewart to close on bill
10:29:30 AM Sen. Stewart requested bill be TP'd
10:29:43 AM Stand in temporary recess
10:30:18 AM Chair Gruters called meeting back to order
10:30:23 AM Tab 3, CS/SB 776, Sen. Perry
10:30:37 AM Sen. Perry explain bill
10:31:19 AM Andy Gonzalez, FL Realtors, waive in support of bill
10:31:22 AM Roll call on CS/SB 776
10:31:32 AM CS/SB 776 reported favorable
10:31:37 AM Temp recess
10:34:55 AM Mtg called back to order
10:35:36 AM Tab 2, CS/SB 680, Sen. Hutson
10:36:01 AM 679214 L-Amendment
10:36:18 AM Sen. Hutson explain amendment
10:37:02 AM
10:37:32 AM Speaker, Stephanie Brendl, Shark Allies
10:39:52 AM Speaker,Travis Moore, Animal Legal Defense Fund & Oceana
10:41:45 AM Speaker, David Campo, shark fisherman
10:43:30 AM Speaker, Laurilee Thompson, Owner Dixie Crossroads Seafood Restaurant, Titusville, FL
10:46:32 AM Speaker, Sherylanne McCoy, Merritt Island, FL
10:48:29 AM Speaker, Jerry Sansom, Organized Fishermen of FL
10:52:24 AM Speaker, Bob Harris, DEMA (Diving Equipment & Marketing Assoc)
10:54:56 AM Sen. Wright in debate of amendment
10:55:41 AM Sen. Stewart in debate
10:56:19 AM Sen. Hutson close on amendment
10:57:54 AM Amendment adopted
10:59:36 AM Roll call on CS/SB 680
10:59:46 AM CS/SB 680 reported favorable
11:00:04 AM Tab 1, CS/SB 664, Sen. Lee
11:02:56 AM Sen. Torres for questions
11:03:34 AM Sen. Lee response
11:05:33 AM Amendment 110576
11:06:24 AM 952034 Amendment to Amendment
11:07:32 AM Amendment adopted
11:07:39 AM 910906, L-filed Amendment to Amendment, Sen. Lee
11:08:09 AM Amendment adopted
11:08:19 AM 429510, L-filed Amendment to Amendment, Sen. Lee
11:09:38 AM Amendment adopted
11:10:00 AM 272804, A to A by Sen. Torres
11:10:21 AM Amendment fails
11:10:36 AM 116778, A to A by Sen. Torres
11:10:47 AM Sen. Hutson, question
11:11:04 AM Response of sponsor
11:11:55 AM Amendment fails
11:12:04 AM 400132, A to A by Sen. Torres
11:12:21 AM Amendment fails
11:12:34 AM 864038, A to A by Sen. Torres
11:12:45 AM Amendment fails
11:12:58 AM 904628, A to A by Sen. Torres
11:13:07 AM Amendment fails
11:13:31 AM Back on amendment as amended
11:13:42 AM Sen. Stewart, question
11:14:10 AM Amendment adopted
11:14:16 AM 295842 Amendment, Sen. Torres W/D
11:14:36 AM 451260 Amendment, Sen. Torres W/D
11:14:49 AM 687662 Amendment, Sen. Torres W/D
11:16:28 AM Speaker, Rev. Dr. Russell Meyer, FL Council of Churches
11:19:05 AM Speaker, Robert Windham, Floridians for E-verify NOW
11:20:43 AM Speaker, Gina Moore, Floridians for E-verify NOW
11:23:10 AM Speaker, David Caulkett, Floridains for Immigration Enforcement
11:25:36 AM Speaker, Ingrid Delgado, FL Conf of Catholic Bishops
11:26:33 AM Speaker, Kathy Bird Carvajal, Coral Gables, FL
11:27:38 AM Sen. Stewart comments
11:28:47 AM Sen. Torres for comments
11:30:45 AM Chair comments
11:31:41 AM Sen. Lee to close on bill
11:35:07 AM Roll call on CS/SB 664
11:35:19 AM CS/SB 644 reported favorable
11:35:28 AM Adjournment
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