Post Meeting Packet - Commerce and Tourism, The Florida Senate (March 9, 2021)
Summary
Post meeting packet for the Commerce and Tourism committee of The Florida Senate, meeting Tuesday, March 9, 2021, 12:30 to 3:00 p.m. in the Toni Jennings Committee Room, with Senator Hooper as Chair and Senator Wright as Vice Chair. The expanded agenda lists SB 98 (Workforce Related Programs and Services, Albritton) Favorable, Yeas 10 Nays 0, and CS/SB 148 (Beverage Law, Bradley) Favorable, Yeas 11 Nays 0, among its tabs, which end with SB 982 (Gruters) on a Tax Refund Program for Qualified Target Industry Businesses. The packet also includes a time-stamped meeting log, in which speakers including John Schrader of the FL Dept of Economic Opportunity waive in support, and which records SB 982 passing favorably and the meeting adjourned at 1:17:57 PM.
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“Post Meeting Packet - Commerce and Tourism, The Florida Senate (March 9, 2021).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-03-09-post-meeting-packet-4712-697fd05094/
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Selection From: 03/09/2021 - Commerce and Tourism (12:30 PM - 3:00 PM) 2021 Regular Session
Customized 03/10/2021 3:13 PM
Agenda Order
Tab 1 SB 98 by Albritton; (Compare to H 00791) Workforce Related Programs and Services
Tab 2 CS/SB 148 by RI, Bradley; (Compare to H 00329) Beverage Law
SB 346 by Rodriguez (CO-INTRODUCERS) Hutson; (Identical to H 00491) Florida Real Estate Appraisal
Tab 3
Board
Tab 4 CS/SB 352 by HP, Rodriguez; (Similar to H 00245) Massage Therapy
Tab 5 SB 806 by Book (CO-INTRODUCERS) Stewart; Tax Exemption for Diapers and Incontinence Products
Tab 6 SB 968 by Gainer; (Identical to H 00379) Public Records/Economic Development Agency
Tab 7 SB 1120 by Gibson (CO-INTRODUCERS) Powell; (Identical to H 00857) Commercial Telephone Solicitation
SB 586 by Wright (CO-INTRODUCERS) Perry, Stewart, Farmer; (Identical to H 00435) Veterans
Tab 8
Employment and Training
Tab 9 SB 982 by Gruters; (Identical to H 06071) Tax Refund Program for Qualified Target Industry Businesses
Page 1 of 1
2021 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Hooper, Chair
Senator Wright, Vice Chair
MEETING DATE: Tuesday, March 9, 2021
TIME: 12:30—3:00 p.m.
PLACE: Toni Jennings Committee Room, 110 Senate Building
MEMBERS: Senator Hooper, Chair; Senator Wright, Vice Chair; Senators Burgess, Diaz, Garcia, Gruters,
Hutson, Pizzo, Powell, Taddeo, and Torres
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
PUBLIC TESTIMONY WILL BE RECEIVED FROM ROOM A1 AT THE DONALD L.
TUCKER CIVIC CENTER, 505 W PENSACOLA STREET, TALLAHASSEE, FL 32301
1 SB 98 Workforce Related Programs and Services; Favorable
Albritton Renaming the Workforce Estimating Conference as Yeas 10 Nays 0
(Compare H 791, H 1507, CS/S the Labor Market Estimating Conference; removing
366, S 1042) authority for a local board to review a decision by the
department to deny a contract; requiring certain
standards and policies established by the Department
of Education to include a specified requirement for
training providers; requiring that middle grades career
and professional academies and career-themed
courses lead to careers in occupations aligned with
the CAPE Industry Certification Funding List, etc.
CM 03/09/2021 Favorable
ED
AP
2 CS/SB 148 Beverage Law; Authorizing certain food service Favorable
Regulated Industries / Bradley establishments to sell or deliver certain alcoholic Yeas 11 Nays 0
(Compare H 329, S 134) beverages for off-premises consumption under
certain circumstances; providing requirements for
such establishments to sell alcoholic beverages for
off-premises consumption; requiring that such
alcoholic beverages be transported in a specified
manner; specifying that certain alcoholic beverages
sold by such establishments are not open containers
for the purposes of the prohibition on possessing
open containers of alcoholic beverages in vehicles,
etc.
RI 02/16/2021 Fav/CS
CM 03/09/2021 Favorable
RC
3 SB 346 Florida Real Estate Appraisal Board; Revising the Favorable
Rodriguez composition of the board, etc. Yeas 11 Nays 0
(Identical H 491)
RI 03/01/2021 Favorable
CM 03/09/2021 Favorable
RC
S-036 (10/2008)
03092021.1341 Page 1 of 3
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, March 9, 2021, 12:30—3:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
4 CS/SB 352 Massage Therapy; Revising a short title; revising and Favorable
Health Policy / Rodriguez defining terms, etc. Yeas 11 Nays 0
(Similar H 245)
HP 02/04/2021 Fav/CS
CM 03/09/2021 Favorable
AP
5 SB 806 Tax Exemption for Diapers and Incontinence Favorable
Book Products; Exempting the sale for human use of Yeas 11 Nays 0
diapers, incontinence undergarments, incontinence
pads, or incontinence liners from the sales and use
tax, etc.
CM 03/09/2021 Favorable
FT
AP
6 SB 968 Public Records/Economic Development Agency; Favorable
Gainer Providing an exemption from public records Yeas 11 Nays 0
(Identical H 379) requirements for certain information held by an
economic development agency; providing that such
information may be released in an aggregated and
anonymized format; providing for future legislative
review and repeal of the exemption; providing a
statement of public necessity, etc.
CM 03/09/2021 Favorable
GO
RC
7 SB 1120 Commercial Telephone Solicitation; Prohibiting a Favorable
Gibson commercial telephone seller or salesperson from Yeas 11 Nays 0
(Identical H 857) using automated dialing or recorded messages to
make certain commercial telephone solicitation phone
calls; prohibiting commercial telephone sellers or
salespersons from making a specified number of
commercial telephone solicitation phone calls to a
person over a specified timeframe, etc.
CM 03/09/2021 Favorable
RI
RC
8 SB 586 Veterans Employment and Training; Directing Florida Favorable
Wright Is For Veterans, Inc., to serve as the state’s principal Yeas 10 Nays 0
(Identical H 435) assistance organization under the United States
Department of Defense’s SkillBridge program;
prescribing duties of the corporation to facilitate the
administration of the SkillBridge program, etc.
MS 03/01/2021 Favorable
CM 03/09/2021 Favorable
AP
S-036 (10/2008)
03092021.1341 Page 2 of 3
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, March 9, 2021, 12:30—3:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
9 SB 982 Tax Refund Program for Qualified Target Industry Favorable
Gruters Businesses; Deleting a provision prohibiting the Yeas 10 Nays 0
(Identical H 6071) certification of applicants after a specified date, etc.
CM 03/09/2021 Favorable
FT
AP
Other Related Meeting Documents
S-036 (10/2008)
03092021.1341 Page 3 of 3
YOU MUST PRINT ANO OEUVER THIS FORM TO THE SS.ONEO TESTI ONY ROOM R.S6, Fo|m
The Florida Senate
March 9, 2021
Meeting Date appearance record 98
~Bill Number (if applicable)
Topic Workforce Boards
Amendment Barcode (if applicable)
Name Robert Stuart
Job Title Government Consultant
Address 301 E. Pine Street, Suite 1400
Street Phone W-843-8880
Orlando FL
City 32801 Email robert-stuart@gray-robinson.com
State Zip
Speaking: For Against I Information
Waive Speaking; Qin Support QAgainst
(The Chair will read this information into the record)
Representing CaregrSource Central Florida and Career Source Tampa Bay
White it is re9iStered With Le9is|ature: 0Yes No
This form is part of the publ c record for this meet ng.
The Florida Senate
APPEARANCE RECORD
S// S f°rm t0 the Sena1or or Sena!e Professional Staff conducting the meeting)
Meetin
wl Number (if applicable)
Topic
Barcode (i pplicable)
Name
Job Title
Address
Stre
hone
City tate Zip
Speaking: Q For Against | | Informa ion
aive Speaking: ln Support | | Aq&fnst
T ie Chaii jJI read this i formation into the record.)
Representing
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: O Yes
This form is part of the public record for this meetina.
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 98
INTRODUCER: Senator Albritton
SUBJECT: Workforce Related Programs and Services
DATE: March 8, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Favorable
2. ED
3. AP
I. Summary:
SB 98 modifies provisions related to Florida workforce development and education including:
Reestablishing the Office of Economic and Demographic Research’s Workforce Estimating
Conference as the Labor Market Estimating Conference, tasked with determining real-time
supply and demand in Florida’s labor market;
Adding “gross mismanagement” to the types of behavior for which the Governor may
remove a member of the state workforce board or a local workforce development board;
Requiring the state board to provide detailed information on the effectiveness of its activities,
and requiring the state board to assign a letter grade to each local workforce development
board;
Requiring contracts for training services provided through Individual Training Accounts to
condition final payment to a training provider, of at least 10 percent, upon a participant’s
successful job placement;
Requiring local workforce development boards to post information about the board’s
finances and their board members’ financial and ethics disclosures;
Imposing 6-year term limits on board members, and increasing oversight of contracts;
Modifying the duties of the Department of Education to strengthen the accountability of
apprenticeship and preapprenticeship programs, and target grants under the Florida Pathways
to Career Opportunities Grant Program to programs that satisfy a regional or state demand
and have successful completion and employment rates;
Aligning educational offerings under the Career and Professional Education Act with the
CAPE Industry Certification Funding List, and aligning the list with skills needed for future
employment and projections from a new Labor Market Estimating Conference; and
Requiring the Commissioner of Education to review the funding weights assigned to career
courses and certifications included in the CAPE Industry Certification Funding List.
The bill takes effect July 1, 2021.
BILL: SB 98 Page 2
II. Present Situation:
The Workforce Estimating Conference
Current law directs the Workforce Estimating Conference to develop forecasts of employment
demand for jobs by occupation and industry.1 The Conference must also review local and
regional occupational data generated through the Internet-based job-matching and labor-market
information system and consider such data in developing its forecasts for statewide employment
demand.2 Additionally, the data is used to make recommendations to CareerSource on any
changes to local target occupation lists.3 The Workforce Estimating Conference is expected to
meet at least twice a year;4 however, the conference has not met since September 6, 2013.5
Florida’s Workforce Development System
The federal Workforce Investment Act of 1998 (WIA) was passed by Congress in an effort to
improve the quality of the nation’s workforce through implementation of a comprehensive
workforce investment system.6 The WIA required each state to establish an investment board at
the state level and to also establish workforce investment boards to represent local service areas.7
The WIA also called for the delivery of workforce development services through a system of
“one-stop” centers in local communities.8 Some key principles of the WIA were to better
integrate workforce services, empower individuals, provide universal access to participants,
increase accountability, and improve youth programs.9
In response to the WIA, Florida established a workforce development system under the
Workforce Investment Act of 2000.10 The act aimed to better connect the state’s economic
development strategies with its workforce development system and to implement the principles
of the federal WIA.11
Federal Workforce Innovation and Opportunity Act of 2014
In 2014, Congress passed the Workforce Innovation and Opportunity Act (WIOA), which
superseded the Workforce Investment Act of 1998.12 The WIOA requires each state to develop a
single, unified plan for aligning workforce services through the identification and evaluation of
core workforce programs.13 In general, the WIOA maintains the one-stop framework of the WIA,
1
See s. 216.136(7), F.S.
2
Id.
3
Id.
4
Id.
5
Office of Economic & Demographic Research, Workforce Estimating Conference,
http://edr.state.fl.us/content/conferences/workforce/index.cfm (last visited March 8, 2021).
6
Workforce Investment Act of 1998, 29 U.S.C. § 2801 (1998), repealed by Workforce Innovation and Opportunity Act, Pub.
L. No. 113-128, H.R. 803, 113th Cong. (July 22, 2014)(codified at 29 U.S.C. § 3101, et seq.).
7
See 29 U.S.C. § 2821 and 29 U.S.C. § 2832 (1998).
8
See 29 U.S.C. § 2841 (1998).
9
See 29 U.S.C. § 2811 (1998).
10
Chapter 2000-165, Laws of Fla.
11
See s. 445.003, F.S.
12
Workforce Innovation and Opportunity Act, 29 U.S.C. § 3101 et seq. (2014).
13
See 29 U.S.C. § 3112(a).
BILL: SB 98 Page 3
and encompasses provisions aimed at streamlining services, easing reporting requirements, and
reducing administrative barriers.14 The WIOA officially became effective on July 1, 2015, the
first full program year after enactment.
Core Programs
The WIOA identifies four core programs that must coordinate and complement each other in a
manner that ensures job seekers have access to needed resources.15 The core programs are:
Adult, Dislocated Worker, and Youth Programs;
Employment Services under the Wagner-Peyser Employment Act;
Vocational Rehabilitation Services; and
Adult Education and Literacy Activities.
Performance Measures
In an effort to promote transparency and accountability, the WIOA created a single set of
common measures for the evaluation of core programs.16 The WIOA requires performance
reports to be provided at the state, local, and trainer provider levels. The performance measures
that now apply across all core programs are:
The percentage of participants in unsubsidized employment during second quarter after exit;
The percentage of participants in unsubsidized employment during fourth quarter after exit;
The median earnings of participants during second quarter after exit;
The percentage of participants who obtain a postsecondary credential or secondary school
diploma within 1 year after exit;
The achievement of measureable skill gains toward credentials or employment; and
The effectiveness in serving employers.17
State Workforce Development Plan
Using the common performance measures for core programs, the WIOA requires each state to
develop and submit a unified state plan based on a 4-year strategy for workforce development.18
The state plan must describe an overall strategy for the core programs and how the strategy will
meet needs for workers, job seekers, and employers.19 The WIOA also provides an option for
states to submit a combined plan that outlines plans for the core programs along with additional
workforce programs.20
The WIOA requires the Governor to establish a State Workforce Development Board21 to assist
the Governor in carrying out the duties and responsibilities required by the WIOA. 22 The
membership of the state board must represent diverse geographic regions of the state, and the
14
See 29 U.S.C. § 3111.
15
See 29 U.S.C. § 3102(13).
16
See 29 U.S.C. § 3141.
17
Id.
18
See 29 U.S.C. § 3112(a).
19
See 29 U.S.C. § 3112(b).
20
See 29 U.S.C. § 3113.
21
See 20 C.F.R. s. 679.110.
22
See 20 C.F.R. s. 679.130.
BILL: SB 98 Page 4
membership must include the Governor, members of the state legislature, representatives of
business, representatives of workforce within the state, and membership from state officials with
primary responsibility for the core programs.23 Among other duties, the state board is required to
assist in the development, implementation and modification of a 4-year state plan, review
statewide policies, programs, and recommendations on actions to align workforce development
programs, and identification and dissemination on best practices.24
Regional Planning and Local Workforce Development Boards
The WIOA requires states to identify regional planning areas for workforce development
strategies.25 Within each area, a local workforce development board must be established.26 Each
local workforce development board is required to coordinate planning and service delivery
strategies within their area.27 Formulated strategies are then used by the local workforce
development board to develop and submit a local plan for the delivery of workforce services.28
The WIOA requires each Governor to designate local workforce development areas in
consultation with the state workforce development board, chief elected officials29 and local
workforce development boards, and after consideration of public comment.30 In making such
designations, the WIOA requires each Governor to consider, with limited exception,31 the extent
to which the areas: (1) are consistent with the labor market areas in the state; (2) are consistent
with regional economic development areas in the state; and (3) have the federal and non-federal
resources necessary to effectively administer workforce investment activities, including whether
the areas have the appropriate education and training providers, such as institutions of higher
education and area career and technical education (CTE) schools.32
The Governor’s Authority
The WIOA grants the Governor broad oversight authority of both the state and local level
workforce development programs. The Governor is responsible for designating the local
23
See 20 C.F.R. s. 679.110. See also U.S. Department of Labor, Employment and Training Administration Advisory System,
Training and Employment Guidance Letter WIOA No. 27-14 (April 15, 2015), available at
https://wdr.doleta.gov/directives/attach/TEGL/TEGL_27-14.pdf (last visited March 8, 2021).
24
See 20 C.F.R. s. 679.130.
25
See 29 U.S.C. § 3121.
26
Id.
27
See 29 U.S.C. § 3122.
28
See 29 U.S.C. § 3123.
29
See Pub. L. 113-128, §. 3(9) (codified at 29 USC § 3102). The term, ‘chief elected official’ means “(a) the chief elected
executive officer of a unit of general local government in a local area; and (b) in a case in which a local area includes more
than 1 unit of general local government, the chief elected officials of such units.”
30
See Pub. L. 113-128, §. 106(a), (b) (codified at 29 U.S.C. § 3121).
31
Id. WIOA lists two exceptions: (1) during the first two years after WIOA’s enactment, the Governor of each state was
required to approve a request to designate a local workforce development area from any areas designated as such under the
Workforce Innovation Act of 1998 for the two-year period immediately preceding WIOA’s enactment that performed
successfully and sustained fiscal integrity; and (2) after the initial designation of such areas, the Governor of each state was
further required to approve a subsequent request to designate such areas if, over the two most recent program years, they
performed successfully, sustained fiscal integrity, and in the case of a local area planning region met additional requirements,
including, but not limited to, the preparation of a regional plan.
32
Id.
BILL: SB 98 Page 5
workforce areas,33 certifying the local workforce development boards,34 and negotiating the
performance measures required by the WIOA.35 The Governor also has the authority to decertify
a local workforce development board, and require its reorganization, for fraud, abuse, or failure
to carry out its statutory duties.36 If a local workforce development board fails to meet its agreed
upon performance measures in two consecutive program years, the Governor must decertify it
and implement a reorganization plan.37
One-Stop Delivery System
The WIOA aims to strengthen the one-stop delivery system by requiring each local area to have
at least one comprehensive one-stop delivery provider.38 A comprehensive one-stop delivery
provider supplies physical access to services provided by core partners, as well as other
mandatory partners.39 The WIOA mandates that each partner shares in the funding of services
and infrastructure costs of the one-stop delivery system.40
Florida’s Implementation of The WIOA
In 2016, Florida made changes to the workforce development system to conform to the new
federal guidelines established by the WIOA.41 Under the current workforce development system,
the DEO, CareerSource, the state board, and 24 local workforce development boards act as
partners in administering Florida’s comprehensive system for the delivery of workforce
strategies, services, and programs. Florida submitted its first Unified State Plan in 2016, a Two-
Year Modification in 2018, and most recently a plan for the period July 1, 2020-June 30, 2024.42
Florida’s plan includes the following required programs:
Adult Program;
Dislocated Worker Program;
Youth Program;
Adult Education and Family Literacy Act;
Wagner-Peyser Act; and
Vocational Rehabilitation Program, including Blind Services Program. 43
The Unified Plan includes the required core partners of: CareerSource, the DEO, and the
Department of Education’s (DOE) Divisions of Career and Adult Education, Vocational
Rehabilitation and Blind Services.44
33
See 29 U.S.C. s. 3121(b).
34
See 29 U.S.C. s. 3122(a).
35
See 29 U.S.C. s. 3121(c).
36
See 29 U.S.C. s. 3122(c).
37
See 29 U.S.C. s. 3141(g).
38
See 29 U.S.C. § 3151.
39
Other mandatory partners may include programs under the Older Americans Act, Adult Education and Literacy,
Department of Housing and Urban Development, Social Security Act, Perkins Career and Technical Education Act, and the
Community Service Block Grant Act. 29 U.S.C. § 3151(b).
40
See 29 U.S.C. § 3151(2).
41
Chapter 2016-216, Laws of Fla.
42
Workforce Innovation and Opportunity Act, State of Florida Unified Plan July 1, 2020-June 30, 2024 (2020), at 1,
available at https://careersourceflorida.com/wp-content/uploads/2020/09/2020-2024-WIOA-Unified-Plan.pdf (last visited
March 8, 2021).
43
Id. at 2.
44
Id.
BILL: SB 98 Page 6
The Department of Economic Opportunity
The DEO serves as Florida’s lead workforce agency.45 The DEO is responsible for the fiscal and
administrative affairs of the workforce development system.46 The DEO receives and distributes
federal funds for employment-related programs to the local workforce development boards.47
Additionally, the DEO must annually meet with each local workforce development board to
review the board’s performance and to certify that the board is in compliance with applicable
state and federal law.48
CareerSource Florida, Inc. and the State Board
CareerSource Florida, Inc., a not-for-profit corporation, provides administrative support to
Florida’s state-level workforce development board.49 CareerSource collaborates with the DEO,
the local workforce development boards, and one-stop service providers to ensure workforce
services are consistent with state and local plans.50 CareerSource also implements policy
directives of the state board.51
The state board is the board of directors of CareerSource.52 The board of directors includes the
Governor, 16 business representatives, six workforce representatives, and eight government
officials.53 The state board conducts its work through its board of directors, two councils, and an
Executive Committee.54
Additionally, the state board is responsible for the design and implementation of Florida’s
workforce development system and provides policy direction to ensure that the DEO is properly
administering workforce development activities and programs.55 The state board is also
responsible for developing a 4-year plan that is consistent with the requirements of the WIOA.56
In partnership with state and local workforce partners, the state board develops strategic planning
elements for the state plan to address strategies to fulfill workforce system goals; aggregate,
integrate, and leverage resources; coordinate the activities of federal, state, and local workforce
system partners; address the needs of small businesses; and foster the participation of rural and
distressed communities.57 The state board submits an annual report by December 1 of each year
to the Governor and the Legislature on the operations and accomplishments of the board, as well
as, all audits.58
45
Primarily through the Division of Workforce Services. See s. 20.60, F.S.
46
Section 445.009(3)(c), F.S.
47
See s. 445.003, F.S.
48
See s. 445.007(3), F.S.
49
Section 445.004(2), F.S. Prior to 2014, CareerSource was known as Workforce Florida, Inc.
50
See s. 445.004, F.S.
51
Id.
52
Id.
53
See s. 445.004(3)(a)-(d), F.S. See also Workforce Innovation and Opportunity Act, State of Florida Unified Plan July 1,
2020-June 30, 2024 (2020), at 89, available at https://careersourceflorida.com/wp-content/uploads/2020/09/2020-2024-
WIOA-Unified-Plan.pdf (last visited March 8, 2021). The membership roster is as of July 1, 2020.
54
Id. at 59
55
See s. 445.004, F.S.
56
Section 445.003(2), F.S.
57
See. s. 445.006(2)(a), F.S.
58
Section 445.004(7)(a)-(b), F.S.
BILL: SB 98 Page 7
Local Workforce Development Boards
Twenty-four local workforce development boards (local boards) deliver Florida’s workforce
development services through over 100 one-stop service providers.59 The one-stop service
providers give Floridians access to available workforce services; including job placement, career
counseling, and skills training.60 Each local board formulates a local budget and oversees the
one-stop delivery system within its local area.61
Collectively, the local boards operate under a charter approved by CareerSource. 62 The local
boards must submit a request for continued designation every two years, beginning July 1, 2017,
to CareerSource and the DEO.63 Continued designation is granted if the local board performed
successfully and sustained fiscal integrity.64 Each local board must develop their own local plans
which are aligned with the vision and goals of the state plan.65
Accountability
For the period February 10, 2020 through August 7, 2020, the United States Department of
Labor (USDOL) Employment Training Administration (ETA) conducted a compliance review of
the DEO to determine their level of compliance with the programmatic, fiscal, and administrative
requirements.66 The review identified 50 compliance findings which must be addressed, with
several findings having regulatory, statutory, and policy violations.67
The DEO has since provided corrective action responses to 46 of the 50 findings.68 The DEO’s
response concluded that the state board has not delegated its policy making authority and
59
Florida Department of Economic Opportunity, CareerSource Florida Network Directory, http://lcd.floridajobs.org/ (last
visited March 8, 2021).
60
See s. 445.009, F.S.
61
Section 445.007(12), F.S.
62
CareerSource Florida, Strategic Policy 2000.08.15.8D, Chartering of Local Workforce Development Boards (Aug. 15,
2020), available at https://careersourceflorida.com/wp-content/uploads/2017/05/2000.08.15.I.8D-Chartering-of-LWDB.pdf
(last visited March 8, 2021).
63
CareerSource Florida, Administrative Policy Number 94, Local Workforce Development Area Designation (March 20,
2017), at 3, available at https://floridajobs.org/docs/default-source/lwdb-resources/policy-and-guidance/guidance-
papers/2017-guidance-papers/localareadesignatn-ap94.pdf?sfvrsn=2e3770b0_4 (last visited March 8, 2021).
64
Id.
65
Workforce Innovation and Opportunity Act, State of Florida Unified Plan July 1, 2020-June 30, 2024 (2020), at 111,
available at https://careersourceflorida.com/wp-content/uploads/2020/09/2020-2024-WIOA-Unified-Plan.pdf. (last visited
March 8, 2021); See also Florida Department of Economic Opportunity, Local Workforce Development Area WIOA Plans,
https://floridajobs.org/local-workforce-development-board-resources/programs-and-resources/local-workforce-development-
area-wioa-plans (last visited March 8, 2021).
66
United States Department of Labor, Employment and Training Administration, Compliance Review Florida Department of
Economic Opportunity (2020), available at http://www.floridajobs.org/docs/default-source/lwdb-resources/program-
monitoring-and-reports/2020-usdol-eta-compliance-review/2020-usdol-eta-compliance-review.pdf (last visited March 8,
2021).
67
Id. at 1-2 (last visited March 8, 2021).
68
Florida Department of Economic Opportunity, Letter to Ms. Lenita Jacobs-Simmons- Regional Administrator Employment
and Training Administration (Feb. 18, 2021), available at https://floridajobs.org/docs/default-source/lwdb-
resources/program-monitoring-and-reports/2020-usdol-eta-compliance-review/2021-feb-18-eta-comprehensive-monitoring-
report-cap.pdf?sfvrsn=b2074db0_6 (last visited March 8, 2021).
BILL: SB 98 Page 8
provided the agreement69 between the DEO and CareerSource.70 Additionally, the DEO will
incorporate an annual review of local board websites to ensure local plans and modifications are
made publicly available. To address conducting business in an open manner, the DEO has
updated the grantee-sub grantee agreement as well as a policy for local area governance and
transparency.71
Apprenticeships and Preapprenticships
The Florida Legislature has established educational opportunities for young people in the state to
be trained for trades, occupations, and professions suited to their abilities.72
The federal government works in cooperation with states to oversee the nation’s apprenticeship
programs. States have the authority to register apprenticeship programs through federally-
recognized State Apprenticeship Agencies.73 In Florida, the Department of Education (DOE)
serves as the registering entity to ensure compliance with federal and state apprenticeship
standards, provide technical assistance, and conduct quality assurance assessments.
An apprenticeable occupation is a skilled trade which possesses all of the following
characteristics:74
It is customarily learned in a practical way through a structured, systematic program of on-
the-job, supervised training;
It is commonly recognized throughout the industry;
It involves manual, mechanical, or technical skills and knowledge requiring a minimum of
2,000 hours of work and training, which hours are excluded from the time spent at related
instruction; and
It requires related instruction to supplement on-the-job training. Such instruction may be
given in a classroom or through correspondence courses.
Registered Apprenticeship
Registered apprenticeship is an employer-driven, on-the-job workforce educational training
program that connects job seekers looking to learn new skills and career opportunities with
employers looking to create a pipeline of highly skilled individuals for their workforce.75
69
Agreement Between the Florida Department of Economic Opportunity and CareerSource Florida, Inc., Agreement No:
BCS02 (July 1, 2019-June 20, 2021), available at https://careersourceflorida.com/wp-content/uploads/2020/01/DEO-CSF-
Agreement.pdf (last visited March 8, 2021).
70
Florida Department of Economic Opportunity, Letter to Ms. Lenita Jacobs-Simmons- Regional Administrator Employment
and Training Administration (Feb. 18, 2021), at 5, available at https://floridajobs.org/docs/default-source/lwdb-
resources/program-monitoring-and-reports/2020-usdol-eta-compliance-review/2021-feb-18-eta-comprehensive-monitoring-
report-cap.pdf?sfvrsn=b2074db0_6 (last visited March 8, 2021).
71
Id. at 7-9.
72
Chapter 446, F.S.
73
29 C.F.R. ss. 29.1 and 29.13.
74
Section 446.092, F.S.
75
Florida Department of Education, Florida’s Annual Apprenticeship and Preapprenticeship Report (2019-2020), available
at http://www.fldoe.org/core/fileparse.php/5398/urlt/2020appr-rpt.pdf, at 2 (last visited March 8, 2021).
BILL: SB 98 Page 9
The key components of a Florida registered apprenticeship program are business involvement,
structured on-the-job training, related technical instruction, rewards for skill gains, and a
nationally recognized credential.76
Apprenticeship Programs
An “apprentice” is a person at least 16 years of age who is engaged in learning a recognized
skilled trade through actual work experience under the supervision of journeyman craftsmen,
which should be combined with properly coordinated studies of technical and supplementary
subjects. An apprentice must enter into an apprentice agreement with a sponsor who may be
either an employer, an association of employers, or a local joint apprenticeship committee.77
Potential candidates for apprenticeships may apply with a registered sponsor, who determines
whether the candidate meets the required qualifications.78 Sponsors may provide private
classroom instruction or coordinate with a local educational agency79 to provide related
supplemental classroom instruction.80 The apprentices are exempt from paying tuition and fees at
a school district technical center, Florida College System (FCS) institution, or state university.81
The sponsor operates and registers an agreed-upon apprenticeship program.82 An apprenticeship
program is an organized course of instruction, registered and approved by the DOE that contains
all terms and conditions for the qualifications, recruitment, selection, employment, and training
of apprentices.83
The administration and supervision of related and supplemental instruction for apprentices,
coordination of such instruction with job experiences, and selection and training of teachers and
coordinators for such instruction is the responsibility of the appropriate career education
institution.84 The career education institution is encouraged to provide facilities, equipment and
supplies, and instructors’ salaries for the performance of related and supplemental instruction
associated with the registered program.85
76
Id.
77
Section 446.021(2), F.S.
78
Florida Department of Education, What is Registered Apprenticeship?, http://www.fldoe.org/academics/career-adult-
edu/apprenticeship-programs/what-is-apprenticeship.stml, (last visited March 8, 2021).
79
Though not defined in the federal regulations governing the U.S. Department of Labor, the U.S. Department of Education
regulations define a local educational agency as a board of education or other legally constituted local school authority
having administrative control and direction of public elementary or secondary schools in a city, county, township, school
district, or political subdivision in a State, or any other public educational institution or agency having administrative control
and direction of a vocational education program. 34 C.F.R. s. 400.4.
80
Section 446.051(2), F.S.
81
Section 1009.25(1)(b), F.S.
82
Rule 65A-23.002(21), F.A.C.
83
Section 446.021(6), F.S. An apprenticeship agreement may not operate to invalidate any apprenticeship provision in a
collective agreement between employers and employees which establishes higher apprenticeship standards. Section
446.081(1), F.S.
84
Section 446.051(1), F.S.
85
Section 446.051(2), F.S.
BILL: SB 98 Page 10
Preapprenticeship Programs
A preapprentice is any person 16 years of age or over engaged in any course of instruction in the
public school system or elsewhere, which course is registered as a preapprenticeship program
with the DOE.86 The program’s purpose is to provide training that will enable students, upon
completion, to obtain entrance into a registered apprenticeship program.87 The program must be
registered with the DOE and sponsored by a registered apprenticeship program.88
The DOE is authorized to administer the law89 relating to preapprenticeship programs in
cooperation with district school boards and FCS institution boards of trustees (BOT). District
school boards, FCS institution BOT, and sponsors must cooperate in developing and establishing
preapprenticeship programs that include career instruction and general education courses
required to obtain a high school diploma.90
Department of Education Responsibilities
The DOE is responsible for administering, facilitating, and supervising registered apprenticeship
programs, including, but not limited to:91
Developing and encouraging apprenticeship programs;
Registering any apprenticeship or preapprenticeship program, regardless of affiliation,92
which meets standards established by the DOE;
Cooperating with and assisting sponsors to develop apprenticeship standards and training
requirements;
Monitoring registered apprenticeship programs;
Leading and coordinating outreach efforts to educate veterans about apprenticeship and
career opportunities;
Investigating complaints regarding failure to meet the standards established by the DOE; and
Canceling registration of programs that fail to comply with DOE standards and policies.
The DOE establishes uniform minimum standards and policies governing registered
apprenticeship programs and agreements.93 The standards and policies must govern the terms
and conditions of the apprentice’s employment and training, including the quality training of the
apprentice for, but not limited to, such matters as ratios of apprentices to journeymen, safety,
related instruction, and on-the-job training. The DOE is also required to publish an annual report
on apprenticeship and preapprenticeship programs, which must include:94
A list of registered apprenticeship and preapprenticeship programs;
A summary of each local educational agency’s expenditure of funds for apprenticeship and
preapprenticeship programs, per trade or occupation;
86
Section 446.021(1), F.S.
87
Rule 6A-23.010(1), F.A.C.
88
Section 446.021(5), F.S.
89
Sections 446.011 to 446.092, F.S.
90
Section 446.052(2), F.S.
91
Section 446.041, F.S.
92
Apprenticeship programs may be in both non-union and union workplaces; sponsors may include employers, labor
organizations, and joint labor-management organizations.
93
Section 446.032(1), F.S.
94
Section 446.032(2), F.S.
BILL: SB 98 Page 11
The number of apprentices and preapprentices per trade and occupation;
The percentage of apprentices and preapprentices who complete their respective programs in
the appropriate timeframe;
Information and resources related to applications for new apprenticeship programs and
technical assistance and requirements for potential applicants; and
Documentation of activities conducted by the DOE to promote apprenticeship and
preapprenticeship programs through public engagement, community-based partnerships, and
other initiatives.
State Apprenticeship Advisory Council
The State Apprenticeship Advisory Council (council) advises the DOE on matters related to
apprenticeship.95 The council may not establish policy, adopt rules, or consider whether
particular apprenticeship programs should be approved by DOE. The Commissioner of
Education (commissioner) or the commissioner’s designee must serve ex officio as chair of the
council, but may not vote. The state director of the USDOL also serves ex officio as a nonvoting
member of the council. The council is comprised of 10 voting members appointed by the
Governor. 96 The council must meet at the call of the chair or at the request of a majority of its
membership, but at least twice a year.97
Florida Pathways to Career Opportunities Grant Program
In 2019, the Governor issued an executive order directing the DOE to seek funding to seed high
quality workforce apprenticeships and other industry specific learning opportunities for
students.98
The Florida Pathways to Career Opportunities Grant Program (grant program) was established in
201999 in the DOE to provide grants on a competitive basis to high schools, career centers,
charter technical career centers, FCS institutions, and other entities authorized to sponsor an
apprenticeship or preapprenticeship program to establish new apprenticeship or
preapprenticeship programs, and expand existing apprenticeship or preapprenticeship programs.
Grant funds may be used for instructional equipment, supplies, personnel, student services, and
other expenses associated with the creation or expansion of an apprenticeship program. Grant
funds may not be used for recurring instructional costs or for indirect costs.100
The Florida Career and Professional Education (CAPE) Act
The CAPE Act was created to provide a statewide planning partnership between the business and
education communities to attract, expand and retain targeted, high-value industry to sustain a
strong, knowledge-based economy. The primary purpose of the CAPE Act is to:
Improve middle and high school academic performance by providing rigorous and relevant
curriculum opportunities;
95
Section 446.045(2)(a), F.S.
96
Section 446.045(2)(b), F.S.
97
Section 446.045(2)(c), F.S.
98
Florida Office of the Governor, Executive Order 19-31, at 3.
99
Section 33, ch. 2019-119, Laws of Fla.
100
Section 1011.802, F.S.
BILL: SB 98 Page 12
Provide rigorous and relevant career-themed courses that articulate to postsecondary-level
coursework and lead to industry certification;
Support local and regional economic development;
Respond to Florida's critical workforce needs; and
Provide state residents with access to high-wage and high-demand careers.101
In order to fulfill the requirements of the CAPE Act the DOE incentivizes school districts and
FCS institutions102 through two statewide lists.103
The CAPE Industry Certification Funding List includes CAPE industry certifications, CAPE
acceleration industry certifications, and CAPE digital tool certificates. Industry certifications on
the final approved CAPE Industry Certification Funding list are eligible for additional weighted
funding through the Florida Education Finance Program (FEFP).104 The value is added to the
total FTE in secondary career education programs for grades 9 through 12. Each district must
allocate at least 80 percent of the funds provided for CAPE industry certification to the program
that generated the funds.105
CAPE Industry Certification Funding List (K-12)
Florida’s current process for submitting, reviewing, and approving certifications starts with the
submission of a certification application to CareerSource by local boards or public school
principals. All submissions are then researched by CareerSource staff, the DOE, and the DEO to
determine eligibility and to develop a list of recommended certifications for approval. The
CareerSource Board of Directors is responsible for the final approval of certifications which the
DOE may consider for funding eligibility and addition to the CAPE Industry Certification
Funding List.106
Approved industry certifications are published by the DOE, CareerSource, and the Department
of Agriculture and Consumer Services (DACS).107 The selection of industry certifications occurs
in two phases. First, CareerSource must identify industry certifications and compile them into a
Comprehensive Industry Certification List.108 Second, the DOE must:
Review CareerSource’s Comprehensive Industry Certification List that includes 236
certifications;109
Identify industry certifications that qualify for additional weighted funding; 110
101
Section 1003.491, F.S.
102
Sections 1011.62(1)(o), 1008.44, 1011.80, and 1011.81(2), F.S.
103
Sections 1011.62(1)(o), 1011.80(7)(b), and 1011.81(2)(c), F.S.
104
Section 1011.62(1)(o), F.S.; Rule 6A-6.0573(12), F.A.C.
105
Section 1011.62(1)(o), F.S.
106
CareerSource Florida, 2021-2022 Submission Process and Guidelines for Career and Professional Education Act,
available at: https://careersourceflorida.com/wp-content/uploads/2018/08/CAPE_Process_and_Guidelines.pdf (last visited
March 8, 2021).
107
Section 1003.492(3), F.S.
108
Section 1003.492(4), F.S.; rule 6A-6.0573(2)(d), F.A.C.
109
Rule 6A-6.0573(3), F.A.C. See also, Florida Department of Education, Division of Career and Adult Education, 2020-21
Career Source Florida Recommendations, available at http://www.fldoe.org/core/fileparse.php/8904/urlt/2021-csfl-rec-
all.pdf (last visited March 8, 2021).
110
Rule 6A-6.0573(4), F.A.C.
BILL: SB 98 Page 13
Consider district requests that industry certifications be added to the approved list;111 and
Annually publish a final list.112
In order for an industry certification to be included on the CAPE Industry Certification Funding
List, a certification must require a minimum of 150 hours of instruction and be achievable by
secondary students.113
CAPE acceleration industry certifications which are annually approved by the commissioner,
must articulate for 15 or more college credit hours and, if successfully completed, must be
eligible for additional FTE funding.114 In order for a CAPE acceleration industry certification to
be included on the CAPE Industry Certification Funding List, it must meet the same
requirements as an industry certification and also have a statewide articulation agreement that
enables students to earn 15 hours or more of college credit.115
CAPE digital tool certificates recognize a student’s attainment of digital skills. The DOE is
required to identify, by June 15 of each year, digital tool certificates that indicate a student’s
digital skills. The DOE must notify each school district when a digital tool certificate is
available. Digital tool certificates must be made available to all public elementary and middle
grades students. By July 1, 2018, and on an annual basis thereafter, at least 75 percent of public
middle grades students are expected to earn at least one digital tool certificate.116 In order for a
CAPE digital tool certificate to be included on the CAPE Industry Certification Funding List a
certificate must:
Be achievable by elementary school and middle grades students;
Assess at least one of the following digital skills: word processing; development of
spreadsheets; digital arts; cybersecurity; coding; and development of sound, motion, and
color presentations; and
Be part of a career pathway leading to the attainment of a career and professional education
industry certification on the career and professional education funding list.117
The commissioner may at any time recommend adding to the CAPE Industry Certification
Funding List no more than 30 career and professional education digital tool certificates limited to
the areas of word processing; development of spreadsheets; digital arts; cybersecurity; coding;
and development of sound, motion, and color presentations that do not articulate for college
credit.118
The Chancellor of Career and Adult Education may identify certificates and certifications for
students with disabilities, which must be included on the CAPE Industry Certification Funding
111
Rule 6A-6.0573(9), F.A.C.
112
Section 1003.492(4), F.S.; rule 6A-6.0573(8), F.A.C.
113
Rule 6A-6.0573(7)(a), F.A.C.
114
Section 1003.4203(5)(b), F.S.
115
Rule 6A-6.0573(7)(c), F.A.C.
116
Section 1003.4203(3), F.S.
117
Rule 6A-6.0573(7)(d), F.A.C.
118
Section 1008.44(1)(b), F.S.
BILL: SB 98 Page 14
List, i.e., digital tool certifications, workplace industry certification, and occupation safety and
health administration industry certifications.119
CAPE Postsecondary Industry Certification Funding List
The CAPE Postsecondary Industry Certification Funding List is developed by the Chancellor of
the FCS120 and the Chancellor of Career and Adult Education121 and approved by the SBE.122
These industry certifications are linked to occupational areas identified in the General
Appropriations Act.123
III. Effect of Proposed Changes:
Workforce Development
Section 1 amends s. 216.136, F.S., to change the name of the Workforce Estimating Conference
to the Labor Market Estimating Conference.
The bill clarifies that the Labor Market Estimating Conference must meet at least twice a year to
develop information regarding real-time supply and demand in Florida’s statewide, regional, and
local labor markets.
The bill provides that the Labor Market Estimating Conference will provide information on labor
supply by education level, analyses of labor demand by occupational groups and occupations
compared to labor supply, a ranking of critical areas of concern, and identification of in-demand,
high-skill, and high-wage occupations.
The bill provides that all state agencies must provide the Office of Economic and Demographic
Research with the necessary data to accomplish the goals of the Labor Market Estimating
Conference.
Section 2 amends s. 445.002, F.S., to include “gross mismanagement” in the definition of “for
cause.” The “for cause” standard is used in ch. 445, F.S., as a standard by which the Governor
may remove a member of the state board or a local board, and a chief elected official may
remove a member of a local board.
Section 3 amends s. 445.004, F.S., to revise provisions relating to the purpose, operation, and
organizational structure of the state board.
The state board must include one member representing each of the WIOA partners, including
the Division of Vocational Rehabilitation and the Department of Children and Families.
The state board must create a state employment, education, and training policy that ensures
workforce-related programs are responsive to present and future business and industry needs.
119
Section 1008.44(1)(c), F.S.
120
Section 1011.81(2)(b), F.S.
121
Section 1011.80(7)(b)2., F.S.
122
Section 1011.81(2)(b), F.S. and s. 1011.80(7)(b)2., F.S.
123
Sections 1011.80(7)(b) and 1011.81(2)(b), F.S.; ss. 124 and 130, ch. 2020-111, Laws of Fla.
BILL: SB 98 Page 15
The state board must establish policy direction for a uniform funding system that prioritizes
evidence-based, results-driven solutions by providing certain incentives to improve the
outcomes of career education, registered apprenticeship, and work-based learning programs.
The state board must establish a comprehensive policy related to the education and training
of target populations, which should ensure the effective use of federal, state, local, and
private resources in reducing the need for public assistance by combining two or more
sources of funding to support workforce-related programs or activities for vulnerable
populations when appropriate or authorized.
The state board must identify barriers to coordination and alignment among workforce-
related programs and activities, and develop solutions to remove such barriers.
The state board, in consultation with the DEO must submit a complete and detailed annual
report by December 1 of each year to the Governor, the President of the Senate, the Speaker
of the House of Representatives, the Senate Minority Leader, and the House Minority
Leader.
The state board’s annual report must include all audits and investigations, the state board’s
operations and accomplishments, the number of mandatory partners located within one-stop
centers, and the amount of progress made toward implementing solutions to address barriers
to coordination and alignment among programs and activities.
The state board, beginning July 1, 2022, must annually assign a letter grade for each local
board.
The state board must establish incentives for effective alignment of federal and state
programs, outline rewards for achieving long-term self-sufficiency of participants, and
institute collaborative approaches among local service providers.
The state board must establish uniform performance accountability measures, and any local
performance accountability measures established must be based on identified local area
needs.
Section 4 amends s. 445.007, F.S., to revise provisions relating to transparency and oversight of
local boards.
The bill establishes term limits for a local board chair as no more than 2 years and establishes
term limits for all members of a local board as no more than 6 consecutive years, unless the
member is a representative of a government entity.
The bill requires local boards to make publicly available on the local board’s website, or the
DEO’s website if the local board does not maintain a website, the following:
Information for the public that a public disclosure of financial interest filed with the
Commission on Ethics has been completed for each local board member and executive
director and provide information on how each disclosure or statement may be reviewed;124
The local board’s budget within 10 days after approval by the DEO;125 and
124
The notice to the public must remain on the website throughout the term of office or employment of the filer and until 1
year after the term ends.
125
The budget must remain published on the website for the duration of the fiscal year for which it accounts for the
expenditure of funds.
BILL: SB 98 Page 16
Annual publication of its most recent Internal Revenue Service Form 990, Return of
Organization Exempt from Income Tax.126
The bill requires prior approval from the DEO for contracts between the local board and an
organization or individual represented on the local board and states that such contracts may not
be included on a consent agenda by the board. Additionally, a member whose organization may
benefit from the contract must abstain from voting on the contract.
The bill reduces the threshold from $25,000 to $10,000 for contracts between local boards, a
relative of a local board, or an employee of the board, which do not require prior approval from
the DEO but do require a two-thirds board approval.
The bill requires the publication of contracts between a local board and a member of the local
board, a relative of a local board member, an organization or individual represented on the local
board, or an employee of the local board approved on or after July 1, 2021, to be published on
the local board’s website, or the DEO’s website if the local board does not maintain a website
within ten days after approval by the DEO and requires it to remain published for at least 1 year
after termination of the contract.
The bill requires the DEO, in their review of required contracts to consider documentation
provided by the local board, including the performance rating of the entity under consideration
for contract and whether such entity is the only provider of the desired goods and services within
the area served.
The bill removes a provision that requires a two-thirds vote of a local board if the local board
enters into a contract with an organization or individual represented on the local board.
The bill requires each local board to annually, within 30 days after the end of the fiscal year,
disclose to the DEO, the amount and nature of compensation paid to all executives, officers,
directors, trustees, key employees, and the highest compensated employees, as defined for
purposes of the Internal Revenue Service Form 990, Return of Organization Exempt from
Income Tax.127
Section 5 amends s. 445.009, F.S., to provide that Individual Training Accounts128 must be
expended on programs that prepare people to enter occupations identified by the Labor Market
Estimating Conference.
126
The form must be posted on the local board's website within 60 calendar days after it is filed with the Internal Revenue
Service and remain posted for 3 years after it is filed.
127
The bill provides that the reported compensation must include salary, bonuses, present value of vested benefits including
but not limited to retirement, accrued leave and paid time off, cashed-in leave, cash equivalents, severance pay, pension plan
accruals and contributions, deferred compensation, real property gifts, and any other liability owed to such persons. The
disclosure must be accompanied by a written declaration from the chief financial officer, or his or her designee, that he or she
has read the compensation disclosure and affirms it is true and accurate. The compensation disclosure information must also
be published on the local board’s website, or the DOE's website if the local board does not maintain a website, for a period of
3 years after it is first published.
128
Individual Training Account expenditures include tuition, books, and fees of training providers and other training services
authorized by the WIOA. See s. 445.003, F.S.
BILL: SB 98 Page 17
The bill requires training services provided through Individual Training Accounts to
be performance-based, with successful job placement triggering final payment of at
least 10 percent.
Sections 6 and 18 amend ss. 445.038 and 445.011, F.S., respectively, to make conforming
changes to provisions made by the bill.
Apprenticeship and Preapprenticeship
Section 7 amends s. 446.021, F.S., to change the term “Uniform minimum preapprenticeship
standards” to “standards,” which means the minimum requirements established uniformly for
each occupation under which an apprenticeship or preapprenticeship program is administered.129
Section 8 amends s. 446.032, F.S., to clarify the role of the DOE in the administration of
apprenticeship training programs.
The bill requires the DOE to establish uniform minimum standards and policies governing
apprenticeship programs and agreements which must require training providers to submit data
necessary to determine program performance consistent with state and federal law.
The bill requires the DOE to adopt rules necessary to administer the standards and policies
governing apprenticeship programs and agreements.
The bill provides that the DOE must include the following in its annual report on apprenticeship
and preapprenticeship programs:
The total amount of funds allocated by training provider, program, and occupation;
The total amount of funds expended for administrative costs by training provider, program,
and occupation;
The total amount of funds expended for instructional costs by training provider, program, and
occupation;
Documentation of activities conducted by the DOE to promote apprenticeship and
preapprenticeship programs through public engagement, community-based partnerships, and
other initiatives and the outcomes of such activities and their impact on establishing or
expanding apprenticeship or preapprenticeship programs;
Retention and completion rates of participants aggregated by training provider, program, and
occupation; and
Wage progression of participants as demonstrated by starting, exit, and postapprenticship
wages.
The bill requires the DOE to provide career planning resources to district school boards, Florida
College System institution boards of trustees, program sponsors, and local workforce
development boards.
129
The bill clarifies that the term includes standards of admission, training goals, training objectives, curriculum outlines,
objective standards to measure successful completion of the apprenticeship or preapprenticeship program, and the percentage
of credit which may be given to an apprentice or a preapprentice.
BILL: SB 98 Page 18
Section 9 amends s. 446.045, F.S., to establish that the Governor must fill any vacancy on the
State Apprenticeship Advisory Council for the remainder of an unexpired term.
Section 17 amends s. 1011.802, F.S., to require the DOE to give priority to apprenticeship
programs, such as health care programs, with demonstrated regional demand identified by the
Labor Market Estimating Conference.
The bill authorizes the DOE to award grants, which only expand existing programs that exceed
the median completion rate and employment rate one year after completion for similar programs
in the region, or in the state if there are no similar programs in the region.
Career and Education Planning
Section 10 amends s. 1003.4156, F.S., to provide that the required course130 in career and
education planning must include information from the DEO’s economic security report and other
state career planning resources.
Section 11 amends s. 1003.4203, F.S., to specify that the DOE must identify CAPE Digital Tool
certificates under ss. 1003.492 and 1008.44, F.S.
The bill provides that CAPE Innovation courses, identified in the CAPE Industry Certification
Funding List that are completed in accordance to applicable standards must articulate for college
credit.
The bill provides that CAPE Acceleration certifications that articulate for 15 or more college
credit hours are eligible for full-time equivalent membership under s. 1011.62(1)(o)1.d., F.S.
Section 12 amends s. 1003.491, F.S., to require the CAPE strategic 3-year plan developed jointly
by the local school district, local work force development boards, economic development
agencies, and state-approved postsecondary institutions to be developed based on local and
regional workforce needs for the ensuing 3 years, using labor projections as identified by the
Labor Market Estimating Conference and strategies to develop and implement career academies
or career-themed courses based on occupations identified by the Labor Market Estimating
Conference.
Sections 13 and 14 amend ss. 1003.4935 and 1008.41, F.S., respectively, to make conforming
changes to provisions made by the bill.
Section 15 amends s. 1008.44, F.S., to require the Commissioner of Education to conduct a
review of the methodology used to determine additional full-time equivalent membership
weights assigned in s. 1011.62(1)(o), F.S., and if necessary, recommend revised weights. The
results of the commissioner’s recommendations must be submitted to the Governor, the President
of the Senate, and the Speaker of the House of Representatives no later than December 31, 2021.
130
The course is required before a student will be promoted to high school.
BILL: SB 98 Page 19
Sections 16 and 19 amend ss. 1011.801 and 1011.80, F.S., respectively, to make conforming
changes to provisions made by the bill.
Effective Date
Section 20 provides that the bill takes effect July 1, 2021.
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.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
BILL: SB 98 Page 20
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 216.136, 445.002,
445.004, 445.007, 445.009, 445.038, 446.021, 446.032, 446.045, 1003.4156, 1003.4203,
1003.491, 1003.4935, 1008.41, 1008.44, 1011.801, 1011.802, 445.011, 1011.80.
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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1 A bill to be entitled 30 requiring the department to review certain
2 An act relating to workforce related programs and 31 documentation when considering whether to approve a
3 services; amending s. 216.136, F.S.; renaming the 32 contract; removing authority for a local board to
4 Workforce Estimating Conference as the Labor Market 33 review a decision by the department to deny a
5 Estimating Conference; removing requirements for the 34 contract; requiring a local board to disclose certain
6 Workforce Estimating Conference; providing 35 compensation information to the department; requiring
7 requirements for the Labor Market Estimating 36 local boards to publish specified information;
8 Conference; amending s. 445.002, F.S.; redefining the 37 requiring the department to review certain information
9 term “for cause”; amending s. 445.004, F.S.; expanding 38 provided by a local board in reviewing contracts;
10 the membership of the state workforce development 39 amending s. 445.009, F.S.; requiring a certain final
11 board; specifying entities that can authorize certain 40 payment amount to Individual Training Accounts;
12 expenditures; providing and revising requirements for 41 conforming provisions to changes made by the act;
13 the state board in order to achieve certain purposes; 42 amending s. 445.038, F.S.; conforming provisions to
14 requiring the state board, in consultation with the 43 changes made by the act; amending s. 446.021, F.S.;
15 department, to submit a report to the Governor and 44 revising the definition of the term “uniform minimum
16 Legislature; providing and revising reporting 45 preapprenticeship standards”; expanding the definition
17 requirements; requiring the state board to assign 46 to include apprenticeship programs; amending s.
18 letter grades to local workforce development boards; 47 446.032, F.S.; requiring certain standards and
19 requiring local performance accountability measures to 48 policies established by the Department of Education to
20 be based on identified local area needs; amending s. 49 include a specified requirement for training
21 445.007, F.S.; removing authority for a local board to 50 providers; requiring, rather than authorizing, the
22 review a decision by the department to deny a 51 department to adopt rules; providing requirements for
23 contract; requiring a local board to disclose certain 52 a certain annual report; requiring the department to
24 compensation information to the department; providing 53 provide data from certain resources to specified
25 term limits for local board members; providing an 54 persons and entities; amending s. 446.045, F.S.;
26 exception; requiring actions of the local board to be 55 specifying that the Governor shall fill vacancies on
27 consistent with federal and state law; providing 56 the State Apprenticeship Advisory Council for the
28 requirements for certain contracts between a local 57 remainder of a term; amending s. 1003.4156, F.S.;
29 board and certain entities; providing an exception; 58 requiring a career and education planning course to
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59 include certain resources; amending s. 1003.4203, 88 amending s. 445.011, F.S.; conforming a cross-
60 F.S.; specifying the sections under which the 89 reference; amending s. 1011.80, F.S.; conforming a
61 Department of Education must identify certain CAPE 90 provision to changes made by the act; providing an
62 Digital Tool certificates; removing the deadline for 91 effective date.
63 such identification; removing specified skills that 92
64 must be mastered; authorizing courses identified in 93 Be It Enacted by the Legislature of the State of Florida:
65 the CAPE Industry Certification Funding List to 94
66 articulate for college credit; removing the course 95 Section 1. Subsection (7) of section 216.136, Florida
67 limit; amending s. 1003.491, F.S.; requiring certain 96 Statutes, is amended to read:
68 strategic plans to use labor projections identified by 97 216.136 Consensus estimating conferences; duties and
69 the Labor Market Estimating Conference; amending s. 98 principals.—
70 1003.4935, F.S.; requiring that middle grades career 99 (7) LABOR MARKET WORKFORCE ESTIMATING CONFERENCE.—
71 and professional academies and career-themed courses 100 (a) The Labor Market Workforce Estimating Conference shall
72 lead to careers in occupations aligned with the CAPE 101 develop such official information with respect to real-time
73 Industry Certification Funding List; amending s. 102 supply and demand in Florida’s statewide, regional, and local
74 1008.41, F.S.; adding the Labor Market Estimating 103 labor markets on the workforce development system planning
75 Conference as a source of workforce data; amending s. 104 process as it relates to the personnel needs of current, new,
76 1008.44, F.S.; requiring the Commissioner of Education 105 and emerging industries as the conference determines is needed
77 to conduct a review of the methodology used to 106 by the state planning and budgeting system. Such information
78 determine certain full-time equivalent membership 107 must include labor supply by education level, analyses of labor
79 weights and, if necessary, recommend revised weights; 108 demand by occupational groups and occupations compared to labor
80 requiring that the recommendations be provided to the 109 supply, a ranking of critical areas of concern, and
81 Governor and the Legislature by a specified date; 110 identification of in-demand, high-skill, high-wage occupations.
82 amending s. 1011.801, F.S.; conforming a provision to 111 The Office of Economic and Demographic Research is designated as
83 changes made by the act; amending s. 1011.802, F.S.; 112 the official lead for the United States Census Bureau’s State
84 requiring the department to prioritize programs 113 Data Center Program or its successor. All state agencies must
85 identified by the Labor Market Estimating Conference; 114 provide the Office of Economic and Demographic Research with the
86 providing requirements for awards under the Florida 115 necessary data to accomplish the goals of the conference. In
87 Pathways to Career Opportunities Grant Program; 116 accordance with s. 216.135, state agencies shall ensure that any
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117 work product regarding labor demand and supply is consistent 146 CareerSource Florida, Inc.
118 with the official information developed by the Labor Market 147 (c) The Labor Market Workforce Estimating Conference, for
119 Estimating Conference,using quantitative and qualitative 148 the purposes described in paragraph (a), shall meet at least
120 research methods, must include at least: short-term and long- 149 twice a year for the purposes described in paragraph (a) no less
121 term forecasts of employment demand for jobs by occupation and 150 than 2 times in a calendar year. The first meeting shall be held
122 industry; entry and average wage forecasts among those 151 in February, and the second meeting shall be held in August.
123 occupations; and estimates of the supply of trained and 152 Other meetings may be scheduled as needed.
124 qualified individuals available or potentially available for 153 Section 2. Subsection (2) of section 445.002, Florida
125 employment in those occupations, with special focus upon those 154 Statutes, is amended to read:
126 occupations and industries which require high skills and have 155 445.002 Definitions.—As used in this chapter, the term:
127 high entry wages and experienced wage levels. In the development 156 (2) “For cause” includes, but is not limited to, engaging
128 of workforce estimates, the conference shall use, to the fullest 157 in fraud or other criminal acts, incapacity, unfitness, neglect
129 extent possible, local occupational and workforce forecasts and 158 of duty, official incompetence and irresponsibility,
130 estimates. 159 misfeasance, malfeasance, nonfeasance, gross mismanagement, or
131 (b) The Workforce Estimating Conference shall review data 160 lack of performance.
132 concerning local and regional demands for short-term and long- 161 Section 3. Present subsections (8) through (13) of section
133 term employment in High-Skills/High-Wage Program jobs, as well 162 445.004, Florida Statutes, are redesignated as subsections (9)
134 as other jobs, which data is generated through surveys conducted 163 through (14), respectively, a new subsection (8) is added to
135 as part of the state’s Internet-based job matching and labor 164 that section, and paragraph (d) of subsection (3), subsections
136 market information system authorized under s. 445.011. The 165 (6) and (7), paragraph (b) of present subsection (9), and
137 conference shall consider this data in developing its forecasts 166 present subsection (11) of that section are amended, to read:
138 for statewide employment demand, including reviewing local and 167 445.004 CareerSource Florida, Inc., and the state board;
139 regional data for common trends and conditions among localities 168 creation; purpose; membership; duties and powers.—
140 or regions which may warrant inclusion of a particular 169 (3)
141 occupation on the statewide occupational forecasting list 170 (d) The state board must include the vice chairperson of
142 developed by the conference. Based upon its review of such 171 the board of directors of Enterprise Florida, Inc., and one
143 survey data, the conference shall also make recommendations 172 member representing each of the Workforce Innovation and
144 semiannually to CareerSource Florida, Inc., on additions or 173 Opportunity Act partners, including the Division of Career and
145 deletions to lists of locally targeted occupations approved by 174 Adult Education, the Division of Vocational Rehabilitation, the
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175 Department of Children and Families, and other entities 204 solutions to remove such barriers Designating Institutes of
176 representing programs identified in the Workforce Innovation and 205 Applied Technology composed of public and private postsecondary
177 Opportunity Act, as determined necessary. 206 institutions working together with business and industry to
178 (6) The state board shall may take action that it deems 207 ensure that career education programs use the most advanced
179 necessary to achieve the purposes of this section by, including, 208 technology and instructional methods available and respond to
180 but not limited to: 209 the changing needs of business and industry.
181 (a) Creating a state employment, education, and training 210 (e) Providing policy direction for a system to project and
182 policy that ensures that workforce-related programs to prepare 211 evaluate labor market supply and demand using the results of the
183 workers are responsive to present and future business and 212 Labor Market Workforce Estimating Conference created in s.
184 industry needs and complement the initiatives of Enterprise 213 216.136 and the career education performance standards
185 Florida, Inc. 214 identified under s. 1008.43.
186 (b) Establishing policy direction for a uniform funding 215 (f) Reviewing the performance of public programs that are
187 system that prioritizes evidence-based, results-driven solutions 216 responsible for economic development, education, employment, and
188 by providing provides incentives to improve the outcomes of 217 training. The review must include an analysis of the return on
189 career education, registered apprenticeship, and work-based 218 investment of these programs.
190 learning programs and that focuses resources on occupations 219 (g) Expanding the occupations identified by the Labor
191 related to new or emerging industries that add greatly to the 220 Market Workforce Estimating Conference to meet needs created by
192 value of the state’s economy. 221 local emergencies or plant closings or to capture occupations
193 (c) Establishing a comprehensive policy related to the 222 within emerging industries.
194 education and training of target populations such as those who 223 (7) By December 1 of each year, the state board, in
195 have disabilities, are economically disadvantaged, receive 224 consultation with the department, shall submit to the Governor,
196 public assistance, are not proficient in English, or are 225 the President of the Senate, the Speaker of the House of
197 dislocated workers. This approach should ensure the effective 226 Representatives, the Senate Minority Leader, and the House
198 use of federal, state, local, and private resources in reducing 227 Minority Leader a complete and detailed annual report setting
199 the need for public assistance by combining two or more sources 228 forth:
200 of funding to support workforce-related programs or activities 229 (a) All audits and investigations, including any audit or
201 for vulnerable populations when appropriate or authorized. 230 investigation conducted under subsection (9) (8).
202 (d) Identifying barriers to coordination and alignment 231 (b) The operations and accomplishments of the state board,
203 among workforce-related programs and activities and developing 232 including the programs or entities specified in subsection (6).
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233 (c) The number of mandatory partners located within one- 262 and state law and have developed a plan consistent with the
234 stop centers. 263 state’s workforce development strategy. The plan must specify
235 (d) The amount of progress made toward implementing 264 methods for allocating the resources and programs in a manner
236 solutions to address barriers to coordination and alignment 265 that eliminates unwarranted duplication, minimizes
237 among programs and activities identified under paragraph (6)(d). 266 administrative costs, meets the existing job market demands and
238 (8) Beginning July 1, 2022, the state board shall annually 267 the job market demands resulting from successful economic
239 assign a letter grade for each local workforce development 268 development activities, ensures access to quality workforce
240 board. 269 development services for all Floridians, allows for pro rata or
241 (10)(9) The state board, in collaboration with the local 270 partial distribution of benefits and services, prohibits the
242 workforce development boards and appropriate state agencies and 271 creation of a waiting list or other indication of an unserved
243 local public and private service providers, shall establish 272 population, serves as many individuals as possible within
244 uniform performance accountability measures that apply across 273 available resources, and maximizes successful outcomes. The
245 the core programs to gauge the performance of the state and 274 state board shall establish incentives for effective alignment
246 local workforce development boards in achieving the workforce 275 coordination of federal and state programs, outline rewards for
247 development strategy. 276 achieving the long-term self-sufficiency of participants
248 (b) The performance accountability measures for each local 277 successful job placements, and institute collaborative
249 area consist of the primary indicators of performance, any 278 approaches among local service providers.
250 additional indicators of performance, and a local level of 279 Section 4. Subsection (1), paragraph (a) of subsection (2),
251 performance for each indicator pursuant to Pub. L. No. 113-128. 280 and subsections (6), (11), and (12) of section 445.007, Florida
252 The local level of performance is determined by the local board, 281 Statutes, are amended, and subsections (13) and (14) are added
253 the chief elected official, and the Governor pursuant to Pub. L. 282 to that section, to read:
254 No. 113-128, Title I, s. 116(c). Any local performance 283 445.007 Local workforce development boards.—
255 accountability measures that are established must be based on 284 (1) One local workforce development board shall be
256 identified local area needs. 285 appointed in each designated service delivery area and shall
257 (12)(11) The workforce development system must use local 286 serve as the local workforce development board pursuant to Pub.
258 design and control of service delivery and targeted activities. 287 L. No. 113-128. The membership of the local board must be
259 The state board, in consultation with the department, is 288 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
260 responsible for ensuring that local workforce development boards 289 public education or training provider is represented on the
261 have a membership consistent with the requirements of federal 290 local board, a representative of a private education provider
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291 must also be appointed to the local board. The state board may 320 development board who is not otherwise required to file a full
292 waive this requirement if requested by a local workforce 321 and public disclosure of financial interests under s. 8, Art. II
293 development board if it is demonstrated that such 322 of the State Constitution or s. 112.3144 shall file a statement
294 representatives do not exist in the region. The importance of 323 of financial interests under s. 112.3145. The local workforce
295 minority and gender representation shall be considered when 324 development board’s website, or the department’s website if the
296 making appointments to the local board. The local board, its 325 local board does not maintain a website, must inform the public
297 committees, subcommittees, and subdivisions, and other units of 326 that each disclosure or statement has been filed with the
298 the workforce system, including units that may consist in whole 327 Commission on Ethics and provide information as to how each
299 or in part of local governmental units, may use any method of 328 disclosure or statement may be reviewed. The notice to the
300 telecommunications to conduct meetings, including establishing a 329 public must remain on the website throughout the term of office
301 quorum through telecommunications, provided that the public is 330 or employment of the filer and until 1 year after his or her
302 given proper notice of the telecommunications meeting and 331 term on the local board or employment, as applicable, ends.
303 reasonable access to observe and, when appropriate, participate. 332 (2)(a) The local workforce development board shall elect a
304 Local workforce development boards are subject to chapters 119 333 chair from among the representatives described in Pub. L. No.
305 and 286 and s. 24, Art. I of the State Constitution. If the 334 113-128, Title I, s. 107(b)(2)(A) to serve for a term of no more
306 local workforce development board enters into a contract with an 335 than 2 years and may not shall serve no more than two terms as
307 organization or individual represented on the local board, the 336 chair. A member of a local workforce development board may not
308 contract must be approved by a two-thirds vote of the local 337 serve as a member of the board for more than 6 consecutive
309 board, a quorum having been established, and the local board 338 years, unless such member is a representative of a governmental
310 member who could benefit financially from the transaction must 339 entity.
311 abstain from voting on the contract. A local board member must 340 (6) Consistent with federal and state law, the local
312 disclose any such conflict in a manner that is consistent with 341 workforce development board shall designate all local service
313 the procedures outlined in s. 112.3143. Each member of a local 342 providers and may not transfer this authority to a third party.
314 workforce development board who is not otherwise required to 343 Consistent with the intent of the Workforce Innovation and
315 file a full and public disclosure of financial interests under 344 Opportunity Act, local workforce development boards should
316 s. 8, Art. II of the State Constitution or s. 112.3144 shall 345 provide the greatest possible choice of training providers to
317 file a statement of financial interests under s. 112.3145. The 346 those who qualify for training services. A local workforce
318 executive director or designated person responsible for the 347 development board may not restrict the choice of training
319 operational and administrative functions of the local workforce 348 providers based upon cost, location, or historical training
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349 arrangements. However, a local board may restrict the amount of 378 two-thirds vote of the local board, a quorum having been
350 training resources available to any one client. Such 379 established; all conflicts of interest must be disclosed before
351 restrictions may vary based upon the cost of training in the 380 the vote in a manner that is consistent with the procedures
352 client’s chosen occupational area. The local workforce 381 outlined in s. 112.3143(4); and any member who may benefit from
353 development board may be designated as a one-stop operator and 382 the contract, or whose organization or relative may benefit from
354 direct provider of intake, assessment, eligibility 383 the contract, must abstain from the vote. A contract subject to
355 determinations, or other direct provider services except 384 the requirements of this subsection may not be included on a
356 training services. Such designation may occur only with the 385 consent agenda.
357 agreement of the chief elected official and the Governor as 386 (b) A contract under $10,000 $25,000 between a local
358 specified in 29 U.S.C. s. 2832(f)(2). The state board shall 387 workforce development board and a member of that board or
359 establish procedures by which a local workforce development 388 between a relative, as defined in s. 112.3143(1)(c), of a local
360 board may request permission to operate under this section and 389 board member or of an employee of the local board is not
361 the criteria under which such permission may be granted. The 390 required to have the prior approval of the department, but must
362 criteria shall include, but need not be limited to, a reduction 391 be approved by a two-thirds vote of the local board, a quorum
363 in the cost of providing the permitted services. Such permission 392 having been established, and must be reported to the department
364 shall be granted for a period not to exceed 3 years for any 393 and the state board within 30 days after approval.
365 single request submitted by the local workforce development 394 (c) All contracts between a local board and a member of the
366 board. 395 local board; a relative, as defined in s. 112.3143(1)(c), of a
367 (11)(a) To increase transparency and accountability, a 396 local board member; an organization or individual represented on
368 local workforce development board must comply with the 397 the local board; or an employee of the local board, approved on
369 requirements of this section before contracting with a member of 398 or after July 1, 2021, also must be published on the local
370 the local board; or a relative, as defined in s. 112.3143(1)(c), 399 board’s website, or on the department’s website if the local
371 of a local board member; an organization or individual 400 board does not maintain a website, within 10 days after approval
372 represented on the local board; or of an employee of the local 401 by the local board or department, whichever is later. Such
373 board. Such contracts may not be executed before or without the 402 contracts must remain published on the website for at least 1
374 prior approval of the department. Such contracts, as well as 403 year after termination of the contract.
375 documentation demonstrating adherence to this section as 404 (d) In considering whether to approve a contract under this
376 specified by the department, must be submitted to the department 405 subsection, the department shall review and consider all
377 for review and approval. Such a contract must be approved by a 406 documentation provided to the department by the local board,
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407 including the performance rating of the entity with which the 436 Income Tax, including salary, bonuses, present value of vested
408 local board is proposing to contract, if applicable, and the 437 benefits, including, but not limited to, retirement, accrued
409 nature, size, and makeup of the business community served by the 438 leave and paid time off, cashed-in leave, cash equivalents,
410 local board, including whether the entity with which the local 439 severance pay, pension plan accruals and contributions, deferred
411 board is proposing to contract is the only provider of the 440 compensation, real property gifts, and any other liability owed
412 desired goods or services within the area served by the local 441 to such persons. The disclosure must be accompanied by a written
413 board If a contract cannot be approved by the department, a 442 declaration, as provided for under s. 92.525(2), from the Chief
414 review of the decision to disapprove the contract may be 443 Financial Officer, or his or her designee, stating that he or
415 requested by the local workforce development board or other 444 she has read the foregoing document and the facts stated in it
416 parties to the disapproved contract. 445 are true. Such information also must be published on the local
417 (12) Each local workforce development board shall develop a 446 board’s website, or the department’s website if the local board
418 budget for the purpose of carrying out the duties of the local 447 does not maintain a website, for a period of 3 years after it is
419 board under this section, subject to the approval of the chief 448 first published.
420 elected official. Each local workforce development board shall 449 (14) Each local workforce development board shall annually
421 submit its annual budget for review to the department no later 450 publish its most recent Internal Revenue Service Form 990,
422 than 2 weeks after the chair approves the budget. The local 451 Return of Organization Exempt from Income Tax, on its website,
423 board shall publish the budget on its website, or the 452 or the department’s website if the local board does not maintain
424 department’s website if the local board does not maintain a 453 a website. The form must be posted on the local board’s website
425 website, within 10 days after approval by the department. The 454 within 60 calendar days after it is filed with the Internal
426 budget shall remain published on the website for the duration of 455 Revenue Service and remain posted for 3 years after it is filed.
427 the fiscal year for which it accounts for the expenditure of 456 Section 5. Paragraphs (a) and (e) of subsection (8) of
428 funds. 457 section 445.009, Florida Statutes, are amended to read:
429 (13) Each local workforce development board annually, 458 445.009 One-stop delivery system.—
430 within 30 days after the end of the fiscal year, shall disclose 459 (8)(a) Individual Training Accounts must be expended on
431 to the department, in a manner determined by the department, the 460 programs that prepare people to enter high-wage occupations
432 amount and nature of compensation paid to all executives, 461 identified by the Labor Market Workforce Estimating Conference
433 officers, directors, trustees, key employees, and highest 462 created by s. 216.136, and on other programs recommended and
434 compensated employees, as defined for purposes of the Internal 463 approved by the state board following a review by the department
435 Revenue Service Form 990, Return of Organization Exempt from 464 to determine the program’s compliance with federal law.
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465 (e) Training services provided through Individual Training 494 Section 8. Subsections (1), (2), and (3) of section
466 Accounts must be performance-based, with successful job 495 446.032, Florida Statutes, are amended to read:
467 placement triggering final full payment of at least 10 percent. 496 446.032 General duties of the department for apprenticeship
468 Section 6. Section 445.038, Florida Statutes, is amended to 497 training.—The department shall:
469 read: 498 (1) Establish uniform minimum standards and policies
470 445.038 Digital media; job training.—CareerSource Florida, 499 governing apprenticeship apprentice programs and agreements
471 Inc., through the Department of Economic Opportunity, may use 500 which must require training providers to submit data necessary
472 funds dedicated for incumbent worker training for the digital 501 to determine program performance consistent with state and
473 media industry. Training may be provided by public or private 502 federal law. The standards and policies shall govern the terms
474 training providers for broadband digital media jobs listed on 503 and conditions of the apprentice’s employment and training,
475 the targeted occupations list developed by the Labor Market 504 including the quality training of the apprentice for, but not
476 Workforce Estimating Conference or CareerSource Florida, Inc. 505 limited to, such matters as ratios of apprentices to
477 Programs that operate outside the normal semester time periods 506 journeyworkers, safety, related instruction, and on-the-job
478 and coordinate the use of industry and public resources should 507 training; but these standards and policies may not include
479 be given priority status for funding. 508 rules, standards, or guidelines that require the use of
480 Section 7. Subsection (8) of section 446.021, Florida 509 apprentices and job trainees on state, county, or municipal
481 Statutes, is amended to read: 510 contracts. The department shall may adopt rules necessary to
482 446.021 Definitions of terms used in ss. 446.011-446.092.— 511 administer the standards and policies.
483 As used in ss. 446.011-446.092, the term: 512 (2) By September 1 of each year, publish an annual report
484 (8) “Uniform minimum preapprenticeship Standards” means the 513 on apprenticeship and preapprenticeship programs. The report
485 minimum requirements established uniformly for each occupation 514 must be published on the department’s website and, at a minimum,
486 craft under which an apprenticeship or a preapprenticeship 515 include all of the following:
487 program is administered. The term and includes standards of 516 (a) A list of registered apprenticeship and
488 admission, training goals, training objectives, curriculum 517 preapprenticeship programs, sorted by local educational agency,
489 outlines, objective standards to measure successful completion 518 as defined in s. 1004.02(18), and apprenticeship sponsor, under
490 of the apprenticeship or preapprenticeship program, and the 519 s. 446.071.
491 percentage of credit which may be given to an apprentice or a 520 (b) A detailed summary of each local educational agency’s
492 preapprentice preapprenticeship graduates upon acceptance into 521 expenditure of funds for apprenticeship and preapprenticeship
493 the apprenticeship program. 522 programs, including:
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523 1. The total amount of funds received for apprenticeship 552 parents, and members of the community of the availability of
524 and preapprenticeship programs; 553 apprenticeship and preapprenticeship opportunities, including
525 2. The total amount of funds allocated by training 554 data provided in the economic security report under pursuant to
526 provider, program, and to each trade or occupation; 555 s. 445.07 and other state career planning resources.
527 3. The total amount of funds expended for administrative 556 Section 9. Paragraph (b) of subsection (2) of section
528 costs by training provider, program, and per trade or 557 446.045, Florida Statutes, is amended to read:
529 occupation; and 558 446.045 State Apprenticeship Advisory Council.—
530 4. The total amount of funds expended for instructional 559 (2)
531 costs by training provider, program, per trade and occupation. 560 (b) The Commissioner of Education or the commissioner’s
532 (c) The number of apprentices and preapprentices per trade 561 designee shall serve ex officio as chair of the State
533 and occupation. 562 Apprenticeship Advisory Council, but may not vote. The state
534 (d) The percentage of apprentices and preapprentices who 563 director of the Office of Apprenticeship of the United States
535 complete their respective programs in the appropriate timeframe. 564 Department of Labor shall serve ex officio as a nonvoting member
536 (e) Information and resources related to applications for 565 of the council. The Governor shall appoint to the council four
537 new apprenticeship programs and technical assistance and 566 members representing employee organizations and four members
538 requirements for potential applicants. 567 representing employer organizations. Each of these eight members
539 (f) Documentation of activities conducted by the department 568 shall represent industries that have registered apprenticeship
540 to promote apprenticeship and preapprenticeship programs through 569 programs. The Governor shall also appoint two public members who
541 public engagement, community-based partnerships, and other 570 are knowledgeable about registered apprenticeship and
542 initiatives and the outcomes of such activities and their impact 571 apprenticeable occupations and who are independent of any joint
543 on establishing or expanding apprenticeship and 572 or nonjoint organization. Members shall be appointed for 4-year
544 preapprenticeship programs. 573 staggered terms. The Governor A vacancy shall fill any vacancy
545 (g) Retention and completion rates of participants 574 be filled for the remainder of the unexpired term.
546 aggregated by training provider, program, and occupation. 575 Section 10. Paragraph (e) of subsection (1) of section
547 (h) Wage progression of participants as demonstrated by 576 1003.4156, Florida Statutes, is amended to read:
548 starting, exit, and postapprenticeship wages. 577 1003.4156 General requirements for middle grades
549 (3) Provide assistance to district school boards, Florida 578 promotion.—
550 College System institution boards of trustees, program sponsors, 579 (1) In order for a student to be promoted to high school
551 and local workforce development boards in notifying students, 580 from a school that includes middle grades 6, 7, and 8, the
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581 student must successfully complete the following courses: 610 course or courses.
582 (e) One course in career and education planning to be 611 Section 11. Subsections (3) and (5) of section 1003.4203,
583 completed in grades 6, 7, or 8, which may be taught by any 612 Florida Statutes, are amended to read:
584 member of the instructional staff. The course must be Internet- 613 1003.4203 Digital materials, CAPE Digital Tool
585 based, customizable to each student, and include research-based 614 certificates, and technical assistance.—
586 assessments to assist students in determining educational and 615 (3) CAPE DIGITAL TOOL CERTIFICATES.—The department shall
587 career options and goals. In addition, the course must result in 616 identify, in the CAPE Industry Certification Funding List under
588 a completed personalized academic and career plan for the 617 ss. 1003.492 and 1008.44 by June 15 of each year, CAPE Digital
589 student that may be revised as the student progresses through 618 Tool certificates that indicate a student’s digital skills. The
590 middle school and high school; must emphasize the importance of 619 department shall notify each school district when the
591 entrepreneurship and employability skills; and must include 620 certificates are available. The certificates shall be made
592 information from the Department of Economic Opportunity’s 621 available to all public elementary and middle grades students.
593 economic security report under s. 445.07 and other state career 622 (a) Targeted skills to be mastered for the certificate
594 planning resources. The required personalized academic and 623 include digital skills that are necessary to the student’s
595 career plan must inform students of high school graduation 624 academic work and skills the student may need in future
596 requirements, including a detailed explanation of the 625 employment. The skills must include, but are not limited to,
597 requirements for earning a high school diploma designation under 626 word processing; spreadsheets; presentations, including sound,
598 s. 1003.4285; the requirements for each scholarship in the 627 motion, and color presentations; digital arts; cybersecurity;
599 Florida Bright Futures Scholarship Program; state university and 628 and coding consistent with CAPE industry certifications that are
600 Florida College System institution admission requirements; 629 listed on the CAPE Industry Certification Funding List, pursuant
601 available opportunities to earn college credit in high school, 630 to ss. 1003.492 and 1008.44. CAPE Digital Tool certificates
602 including Advanced Placement courses; the International 631 earned by students are eligible for additional full-time
603 Baccalaureate Program; the Advanced International Certificate of 632 equivalent membership under pursuant to s. 1011.62(1)(o)1.a.
604 Education Program; dual enrollment, including career dual 633 (b) The school district shall notify each middle school
605 enrollment; and career education courses, including career- 634 advisory council of the methods of delivery of the open-access
606 themed courses, preapprenticeship and apprenticeship programs, 635 content and assessments for the certificates. If there is no
607 and course sequences that lead to industry certification 636 middle school advisory council, notification must be provided to
608 pursuant to s. 1003.492 or s. 1008.44. The course may be 637 the district advisory council.
609 implemented as a stand-alone course or integrated into another 638 (c) The Legislature intends that by July 1, 2018, on an
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639 annual basis, at least 75 percent of public middle grades 668 Florida Career and Professional Education Act is created to
640 students earn at least one CAPE Digital Tool certificate. 669 provide a statewide planning partnership between the business
641 (5) CAPE INNOVATION AND CAPE ACCELERATION.— 670 and education communities in order to attract, expand, and
642 (a) CAPE Innovation.—Up to five Courses, identified in the 671 retain targeted, high-value industry and to sustain a strong,
643 CAPE Industry Certification Funding List, which annually 672 knowledge-based economy.
644 approved by the commissioner that combine academic and career 673 (3) The strategic 3-year plan developed jointly by the
645 content, and performance outcome expectations that, if achieved 674 local school district, local workforce development boards,
646 by a student, must shall articulate for college credit and be 675 economic development agencies, and state-approved postsecondary
647 eligible for additional full-time equivalent membership under 676 institutions shall be constructed and based on:
648 pursuant to s. 1011.62(1)(o)1.c. Such approved courses must 677 (a) Research conducted to objectively determine local and
649 incorporate at least two third-party assessments that, if 678 regional workforce needs for the ensuing 3 years, using labor
650 successfully completed by a student, must shall articulate for 679 projections as identified by the Labor Market Estimating
651 college credit. At least one of the two third-party assessments 680 Conference created in s. 216.136 of the United States Department
652 must be associated with an industry certification that is 681 of Labor and the Department of Economic Opportunity;
653 identified on the CAPE Industry Certification Funding List. Each 682 (b) Strategies to develop and implement career academies or
654 course that is approved by the commissioner must be specifically 683 career-themed courses based on occupations identified by the
655 identified in the Course Code Directory as a CAPE Innovation 684 Labor Market Estimating Conference created in s. 216.136 those
656 Course. 685 careers determined to be high-wage, high-skill, and high-demand;
657 (b) CAPE Acceleration.—Industry certifications, annually 686 (c) Strategies to provide shared, maximum use of private
658 approved by the commissioner, that articulate for 15 or more 687 sector facilities and personnel;
659 college credit hours and, if successfully completed, are shall 688 (d) Strategies that ensure instruction by industry-
660 be eligible for additional full-time equivalent membership under 689 certified faculty and standards and strategies to maintain
661 pursuant to s. 1011.62(1)(o)1.d. Each approved industry 690 current industry credentials and for recruiting and retaining
662 certification must be specifically identified in the CAPE 691 faculty to meet those standards;
663 Industry Certification Funding List as a CAPE Acceleration 692 (e) Strategies to provide personalized student advisement,
664 Industry Certification. 693 including a parent-participation component, and coordination
665 Section 12. Subsection (3) and paragraph (b) of subsection 694 with middle grades to promote and support career-themed courses
666 (5) of section 1003.491, Florida Statutes, are amended to read: 695 and education planning;
667 1003.491 Florida Career and Professional Education Act.—The 696 (f) Alignment of requirements for middle school career
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697 planning, middle and high school career and professional 726 to meet workforce needs and to provide access to all interested
698 academies or career-themed courses leading to industry 727 and qualified students;
699 certification or postsecondary credit, and high school 728 (l) Strategies to implement career-themed courses or career
700 graduation requirements; 729 and professional academy training that lead to industry
701 (g) Provisions to ensure that career-themed courses and 730 certification in juvenile justice education programs;
702 courses offered through career and professional academies are 731 (m) Opportunities for high school students to earn weighted
703 academically rigorous, meet or exceed appropriate state-adopted 732 or dual enrollment credit for higher-level career and technical
704 subject area standards, result in attainment of industry 733 courses;
705 certification, and, when appropriate, result in postsecondary 734 (n) Promotion of the benefits of the Gold Seal Bright
706 credit; 735 Futures Scholarship;
707 (h) Plans to sustain and improve career-themed courses and 736 (o) Strategies to ensure the review of district pupil-
708 career and professional academies; 737 progression plans and to amend such plans to include career-
709 (i) Strategies to improve the passage rate for industry 738 themed courses and career and professional academy courses and
710 certification examinations if the rate falls below 50 percent; 739 to include courses that may qualify as substitute courses for
711 (j) Strategies to recruit students into career-themed 740 core graduation requirements and those that may be counted as
712 courses and career and professional academies which include 741 elective courses;
713 opportunities for students who have been unsuccessful in 742 (p) Strategies to provide professional development for
714 traditional classrooms but who are interested in enrolling in 743 secondary certified school counselors on the benefits of career
715 career-themed courses or a career and professional academy. 744 and professional academies and career-themed courses that lead
716 School boards shall provide opportunities for students who may 745 to industry certification; and
717 be deemed as potential dropouts or whose cumulative grade point 746 (q) Strategies to redirect appropriated career funding in
718 average drops below a 2.0 to enroll in career-themed courses or 747 secondary and postsecondary institutions to support career
719 participate in career and professional academies. Such students 748 academies and career-themed courses that lead to industry
720 must be provided in-person academic advising that includes 749 certification.
721 information on career education programs by a certified school 750 (5)(b) Using the findings from the annual review required
722 counselor or the school principal or his or her designee during 751 in paragraph (a), the commissioner shall phase out career and
723 any semester the students are at risk of dropping out or have a 752 technical education offerings that are not aligned with the
724 cumulative grade point average below a 2.0; 753 needs of the state employers or do not provide program
725 (k) Strategies to provide sufficient space within academies 754 completers with a middle-wage or high-wage occupation and
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755 encourage school districts and Florida College System 784 courses or career-themed courses, with priority given to
756 institutions to offer programs that are not offered currently 785 students who have required course deficits;
757 offered. 786 (f) Provide instruction from highly skilled professionals
758 Section 13. Subsections (2) and (3) of section 1003.4935, 787 who hold industry certificates in the career area in which they
759 Florida Statutes, are amended to read: 788 teach;
760 1003.4935 Middle grades career and professional academy 789 (g) Offer externships; and
761 courses and career-themed courses.— 790 (h) Provide personalized student advisement that includes a
762 (2) Each middle grades career and professional academy or 791 parent-participation component.
763 career-themed course must be aligned with at least one high 792 (3) Beginning with the 2012-2013 school year, if a school
764 school career and professional academy or career-themed course 793 district implements a middle school career and professional
765 offered in the district and maintain partnerships with local 794 academy or a career-themed course, the Department of Education
766 business and industry and economic development boards. Middle 795 shall collect and report student achievement data pursuant to
767 grades career and professional academies and career-themed 796 performance factors identified under s. 1003.492(3) s.
768 courses must: 797 1003.492(5) for students enrolled in an academy or a career-
769 (a) Lead to careers in occupations aligned with designated 798 themed course.
770 as high-skill, high-wage, and high-demand in the CAPE Industry 799 Section 14. Subsection (3) of section 1008.41, Florida
771 Certification Funding List approved under rules adopted by the 800 Statutes, is amended to read:
772 State Board of Education; 801 1008.41 Workforce education; management information
773 (b) Integrate content from core subject areas; 802 system.—
774 (c) Integrate career and professional academy or career- 803 (3) Planning and evaluation of job-preparatory programs
775 themed course content with intensive reading, English Language 804 shall be based on standard sources of data and use standard
776 Arts, and mathematics pursuant to s. 1003.4282; 805 occupational definitions and coding structures, including, but
777 (d) Coordinate with high schools to maximize opportunities 806 not limited to:
778 for middle grades students to earn high school credit; 807 (a) The Florida Occupational Information System.;
779 (e) Provide access to virtual instruction courses provided 808 (b) The Florida Education and Training Placement
780 by virtual education providers legislatively authorized to 809 Information Program.;
781 provide part-time instruction to middle grades students. The 810 (c) The Department of Economic Opportunity.;
782 virtual instruction courses must be aligned to state curriculum 811 (d) The United States Department of Labor.; and
783 standards for middle grades career and professional academy 812 (e) The Labor Market Estimating Conference created under s.
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813 216.136. 842 fund some or all of the costs associated with the creation or
814 (f) Other sources of data developed using statistically 843 expansion of workforce development programs that serve specific
815 valid procedures. 844 employment workforce needs.
816 Section 15. Paragraph (f) is added to subsection (1) of 845 (3) The State Board of Education shall give highest
817 section 1008.44, Florida Statutes, to read: 846 priority to programs that train people to enter high-skill,
818 1008.44 CAPE Industry Certification Funding List and CAPE 847 high-wage occupations identified by the Labor Market Workforce
819 Postsecondary Industry Certification Funding List.— 848 Estimating Conference and other programs approved by the state
820 (1) Pursuant to ss. 1003.4203 and 1003.492, the Department 849 board as defined in s. 445.002, programs that train people to
821 of Education shall, at least annually, identify, under rules 850 enter occupations under the welfare transition program, or
822 adopted by the State Board of Education, and the Commissioner of 851 programs that train for the workforce adults who are eligible
823 Education may at any time recommend adding the following 852 for public assistance, economically disadvantaged, disabled, not
824 certificates, certifications, and courses: 853 proficient in English, or dislocated workers. The State Board of
825 (f) The Commissioner of Education shall conduct a review of 854 Education shall consider the statewide geographic dispersion of
826 the methodology used to determine additional full-time 855 grant funds in ranking the applications and shall give priority
827 equivalent membership weights assigned in s. 1011.62(1)(o) and, 856 to applications from education agencies that are making maximum
828 if necessary, recommend revised weights. The results of the 857 use of their workforce development funding by offering high-
829 review and the commissioner’s recommendations must be submitted 858 performing, high-demand programs.
830 to the Governor, the President of the Senate, and the Speaker of 859 Section 17. Subsection (3) of section 1011.802, Florida
831 the House of Representatives no later than December 31, 2021. 860 Statutes, is amended to read:
832 Section 16. Subsection (3) of section 1011.801, Florida 861 1011.802 Florida Pathways to Career Opportunities Grant
833 Statutes, is amended to read: 862 Program.—
834 1011.801 Workforce Development Capitalization Incentive 863 (3) The department shall give priority to apprenticeship
835 Grant Program.—The Legislature recognizes that the need for 864 programs with demonstrated regional demand identified by the
836 school districts and Florida College System institutions to be 865 Labor Market Estimating Conference, such as health care
837 able to respond to emerging local or statewide economic 866 programs. Grant funds may be used for instructional equipment,
838 development needs is critical to the workforce development 867 supplies, personnel, student services, and other expenses
839 system. The Workforce Development Capitalization Incentive Grant 868 associated with the creation or expansion of an apprenticeship
840 Program is created to provide grants to school districts and 869 program. The department may award grants to expand only those
841 Florida College System institutions on a competitive basis to 870 existing programs that exceed the median completion rate and
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871 employment rate 1 year after completion for similar programs in 900 3. The system should support service integration and case
872 the region, or in the state if there are no similar programs in 901 management by providing for case tracking for participants in
873 the region. Grant funds may not be used for recurring 902 welfare transition programs.
874 instructional costs or for indirect costs. Grant recipients must 903 Section 19. Paragraph (a) of subsection (9) of section
875 submit quarterly reports in a format prescribed by the 904 1011.80, Florida Statutes, is amended to read:
876 department. 905 1011.80 Funds for operation of workforce education
877 Section 18. Paragraph (a) of subsection (1) of section 906 programs.—
878 445.011, Florida Statutes, is amended to read: 907 (9) The State Board of Education and the state board as
879 445.011 Workforce information systems.— 908 defined in s. 445.002 shall provide the Legislature with
880 (1) The department, in consultation with the state board, 909 recommended formulas, criteria, timeframes, and mechanisms for
881 shall implement, subject to legislative appropriation, automated 910 distributing performance funds. The commissioner shall
882 information systems that are necessary for the efficient and 911 consolidate the recommendations and develop a consensus proposal
883 effective operation and management of the workforce development 912 for funding. The Legislature shall adopt a formula and
884 system. These information systems shall include, but need not be 913 distribute the performance funds to the State Board of Education
885 limited to, the following: 914 for Florida College System institutions and school districts
886 (a) An integrated management system for the one-stop 915 through the General Appropriations Act. These recommendations
887 service delivery system, which includes, at a minimum, common 916 shall be based on formulas that would discourage low-performing
888 registration and intake, screening for needs and benefits, case 917 or low-demand programs and encourage through performance-funding
889 planning and tracking, training benefits management, service and 918 awards:
890 training provider management, performance reporting, executive 919 (a) Programs that prepare people to enter high-wage
891 information and reporting, and customer-satisfaction tracking 920 occupations identified by the Labor Market Workforce Estimating
892 and reporting. 921 Conference created by s. 216.136 and other programs as approved
893 1. The system should report current budgeting, expenditure, 922 by the state board as defined in s. 445.002. At a minimum,
894 and performance information for assessing performance related to 923 performance incentives shall be calculated for adults who reach
895 outcomes, service delivery, and financial administration for 924 completion points or complete programs that lead to specified
896 workforce programs pursuant to s. 445.004(5) and (10) (9). 925 high-wage employment and to their placement in that employment.
897 2. The information system should include auditable systems 926 Section 20. This act shall take effect July 1, 2021.
898 and controls to ensure financial integrity and valid and
899 reliable performance information.
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YOU MUST PRINT AND DELIVER THIS FOR TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/9/21
Meeting Date
APPEARANCE RECORD SB 148
Bill Number (if applicable)
Topic Beverage Law
Amendment Barcode (if applicable)
Name Jorge Chamizo
Job Title Attorney
Address 108 S Monroe St
Phone 850-681-0024
Street
Tallahassee FL 32301 Email jorge@flapartners.com
City State Z/p
Speaking: For Against Information Waive
waiveSpeaking:
bpeaKing:|< | In Support
Support Against
(The Chair will read this information into the record.)
Representing Uber Technologies
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: I I Yes No
This form is part of the public record for this meeting.
S-001 (10/14/14)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/9/2021 APPEARANCE RECORD 148
Meeting Date Bill Number (if applicable)
Topic Beverage Law Amendment Barcode (if applicable)
Name a e Fa mer
Job Title Director of Government Affairs
Address 227 S Ada s St eet Phone 352-359-6835
Street
Tallahassee Florida 32301 Email jaketgfrf.org
City State Zip
Speaking: |For (Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Retail Federation
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 this meeting. S-001 (10/14/14)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROO
The Florida Senate
3-9-21
Meeting Date
APPEARANCE RECORD 148
Bill Number (if applicable)
Topic Beverage Law
Amendment Barcode (if applicable)
Name Gre9 Black
Job Title Lobbyist
Address 1727 Highland Place Phone 850-509-8022
Street
Tallahassee FL 32308 Email Greg@WaypointStrat.com
City State
Speaking: For Against Information Waive Speaking: |/|In Support Against
(The Chair will read this information into the record.)
Representing R Street Institute
Appearing at request of Chair: Lobbyist registered with Legislature: l/lYes No
enco!!ra9el pu lic tes ny, time may not permit all persons wishing to speak tobe heardat~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 m eting.
S-001 (10/14/14)
YOU MUST PRINT AND DELIVER THIS FOR TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
March 9, 2021
Meeting Date
APPEARANCE RECORD 148
Bill Number (if applicable)
Topic Beverage Law
Amendment Barcode (if applicable)
Name Samantha Padgett
Job Title General Counsel
Address 30 South Adams Street
Phone 224-2250
Street
Tallahassee FL 32311
'zip Email sPadgett@frla.org
city State
Speaking: For Against Information Waive Speaking: In
LJlnSupport
Support Against
(The Chair will read this information into the record.)
Representing Florida Restaurant & Lodg ng Association
Appearing at request of Chair: |Yes L/J No Lobbyist
Lobbyistregistered
registered with Legislature:
with Legislature: 0Yes I Ic.o
L jYes
meeting. Those who do speak may be as ed 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
/I, ry, appearance RECORD
B0TH C0P'eS Of ,hiS ,Om 10 ,he Sena,or or Senale Staff onducting the nteeflng)
Meeting Date I
Number (if applicable)
Topic g- ia)
Amendment Barcode (if applicable)
Name V) C rO
-Go f+c - uH-l/e y
JobTitle
Address 2<)0 \iJflA-V- Cvl
Stre t Phone
Ci,y State Email
Zip ' ¦
Speaking: OFor Against | |Information
a|ve Speaking: E ln Support Against
(The Chair will read this information into the record.)
Representing CtA
Appearing at request of Chair: Yes No Lobbyist registered with Yes No
This form is part of the public record for this meeting.
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida S nate
3/9/21 APPEARANCE RECORD 148
Meeting Date Bill Number (if applicable)
Topic Beverage Law Amendment Barcod (if applicable)
Name Brewster Bevis
Job Title Senior Vice President
A dress 513 N Adams St Phone 224-7173
Street
Tallahassee FL 32301 Email bbevis@aif.com
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Associated Industries of Florida
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 this meeting. S-001 (10/14/14)
6uf S {
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Date
Bill Number (if applicable)
Topic Z )
Amendment Barcode (if applicable)
Name
Job Title
Address Phone 35S~ 0 306
Street
Emaii I
y State
Speaking: O or I I Against | | Information Waive Speaking: Support Against
(The Chair will read/his-lriformation into the record.)
Representing e
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: es I No
This form is pa t of the public rec rd for this meeting.
ct.nn-t /-trii a ax
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting) j
ing Date
Bill Number (if applicable)
Amendment Barcode (if applicable)
Name
Job Title
Address Phone 7d-QQ g
Street
/ Email
City State zip -
Speaking: QFor | | Against | | Information Waive Speaking: In Support Q Against
(The Chair will read this information into the record,)
Representing
A pearing at request of Chair: Lobbyist registered with Legislature:
m in S h nat Public te ony, 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. Q.nfH r a a\ I
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROO
The Florida Senate
Meeting Date
APPEARANCE RECORD 14
Bill Number (if applicable)
Amendment Barcode (if applicable)
Job Title
Address Uilij C4)I U W Phone OO. 4 4 0
Street '
aVmget fl. Email
City State Zip
Speaking: For Against Information Waive Speaking: iIn Support Against
(The Chair will read this information into the record.)
Representing AILEUMdA
ppearing 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 pa t 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 148
INTRODUCER: Regulated Industries Committee and Senator Bradley
SUBJECT: Beverage Law
DATE: March 8, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Fav/CS
2. Reeve McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 148 permits food service establishments with a “special restaurant license,” or an “SRX
license,” to sell and deliver alcoholic beverage drinks prepared and sealed by the licensee as well
as manufacture-sealed beer, wine, and liquor for off-premises consumption under certain
conditions. Alcoholic beverages sold for off-premises consumption must be accompanied by the
sale of food within the same order.
Current law requires SRX licensees to derive at least 51 percent of gross food and beverage
revenue from the sale of food and nonalcoholic beverages, in addition to meeting other
requirements. Such establishments may not sell manufacturer-sealed containers of distilled
spirits for off-premises consumption.
The bill requires alcoholic beverage drinks to be sealed by the licensee with an unbroken seal
that prevents the beverage from being consumed, and placed in a bag or other container secured
in such a manner that it is visibly apparent if the container has been opened or tampered with. A
dated receipt of the beverage and meal must be provided and attached to the container.
Containers for alcoholic beverages sold or delivered for off-premises consumption may not
exceed 32 ounces. Alcoholic beverages prepared and sealed by the licensee that are delivered or
transported by motor vehicle must be placed in a locked compartment, locked trunk, or other
area behind the last upright seat of the motor vehicle.
The bill takes effect July 1, 2021.
BILL: CS/SB 148 Page 2
II. Present Situation:
Division of Alcoholic Beverages and Tobacco
The Division of Alcoholic Beverages and Tobacco (division) within the Department of Business
and Professional Regulation (DBPR) administers and enforces the Beverage Law,1 which
regulates the manufacture, distribution, and sale of wine, beer, and liquor.2 The division is also
responsible for the administration and enforcement of tobacco products under ch. 569, F.S.
Quota Licenses
Section 561.20(1), F.S., limits, by county, the number of alcoholic beverage licenses that may be
issued for the sale of distilled spirits, to one license per 7,500 residents within the county. These
limited alcoholic beverage licenses are known as “quota” licenses. New quota licenses are
created and issued when there is an increase in the population of a county. The licenses may also
be issued when a county initially changes its status from a county that does not permit the sale of
intoxicating liquor to one that permits such sale. The quota license is the only alcoholic beverage
license that is limited in number; all other types of alcoholic beverage licenses are available
without limitation.
Special Restaurant License
The limitation on the number of quota licenses per county does not apply to a food service
establishment that has at least 2,500 square feet of service area, is equipped to serve 150 persons
at one time, and derives at least 51 percent of its gross food and beverage revenue from the sale
of food and nonalcoholic beverages, during the first 60-day operating period and each 12-month
operating period thereafter.3 This type of license is known as a “special restaurant license” or an
“SRX license.”4
A food service establishment holding an SRX license issued after January 1, 1958, may not
operate a package store under the license and may not sell intoxicating beverages after the hours
of serving or consumption of food have elapsed. Failure by a licensee to satisfy the requirements
as to the percentages of food and nonalcoholic beverages results in revocation of the special
license. A licensee whose license is revoked is ineligible to have an interest in a subsequent
application for a license for 120 days after the revocation.5
1
Section 561.02, F.S.
2
Section 561.01(6), F.S., provides that the “Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
3
Section 561.20(2)(a)4., F.S. The required square footage and number of persons the restaurant must be equipped to serve
may be different for county or municipality jurisdiction due to special acts enacted by the Legislature that affect these
requirements for the county or municipality. For a list of the special act requirements for counties and municipalities,
including the applicable act in the Laws of Florida, see: Division of Alcoholic Beverages and Tobacco, General Laws of
Local Application and Special Acts, available at www.myfloridalicense.com/dbpr/abt/documents/GENLAWS.pdf (last
visited Mar. 8, 2021).
4
The division has re-designated the “SRX” license to an “SFS” license or “Special Food Service Establishment” license.
However, these licenses are still commonly known as “SRX” licenses.
5
Section 561.20(2)(a)4., F.S.
BILL: CS/SB 148 Page 3
The annual fee for an SRX license varies from $624 to $1,820, depending upon the population of
the county in which the food service establishment is located.6
Deliveries by Licensees
Section 561.57(1), F.S., permits an alcoholic beverages vendor to make deliveries away from its
place of business for sales made at the licensed place of business. Telephone, electronic, or mail
orders received at a vendor’s licensed place of business are construed as a sale actually made at
the vendor’s licensed place of business.7
Deliveries made by a manufacturer, distributor, or a vendor away from its place of business may
only be made in vehicles owned or leased by the vendor, or in a third-party vehicle pursuant to a
contract with a third party, including, but not limited to, common carriers.
By acceptance of an alcoholic beverage license and the use of vehicles owned by or leased by the
vendor, the vendor agrees the vehicle is subject to be inspected and searched without a search
warrant by employees of the division or law enforcement officers to ascertain compliance with
all provisions of the alcoholic beverage laws.8
Common carriers9 may transport alcoholic beverages.10 The recipient’s age and identity must be
verified at the time of delivery. All deliveries by a licensee or a third-party must comply with s.
562.11, F.S., which prohibits selling, giving, serving, or permitting to be served alcoholic
beverages to a person under 21 years of age.11
COVID-19-Related Executive Orders by the Governor
On March 9, 2020, the Governor issued Executive Order 20-52 to declare a state of emergency
for the State of Florida in response to the COVID-19 pandemic.12
On March 17, 2020, the Governor issued Executive Order 20-68 to order all restaurants to
immediately limit occupancy to 50 percent of the building’s current occupancy, to comply with
social distancing requirements, and to implement a health screening protocol for employees. 13
On March 20, 2020, the Governor issued Executive Order 20-71 to suspend all sales of food for
consumption on premises, and all sales of alcoholic beverages by the drink or in sealed
6
Section 565.02(1)(b)-(f), F.S.
7
Section 561.57(1), F.S.
8
Section 561.57(2), F.S.
9
Section 561.01(19), F.S., defines a “common carrier” as “any person, firm, or corporation that undertakes for hire, as a
regular business, the transportation of persons or commodities from place to place, offering its services to all who choose to
employ it and pay its charges.”
10
Section 561.57(5), F.S.
11
Section 561.57(6), F.S.
12
The Governor’s executive orders were issued pursuant to his authority under Article IV, s. (1)(a) of the State Constitution
and the State Emergency Management Act found in ss. 252.31 and 252.60, F.S.
13
Fla. Exec. Order No. 20-68 (Mar. 17, 2020).
BILL: CS/SB 148 Page 4
containers for consumption on the premises. The order allowed vendors to continue to sell food
and alcoholic beverages in sealed containers for off-premises consumption.14
Executive Order 20-71 also suspended the restriction in s. 561.20(2)(a)4., F.S., prohibiting an
SRX restaurant licensee from making package sales of alcoholic beverages, provided the SRX
licensee complied with the restrictions in Executive Order 20-68.15 The executive order required
that:
Any sale of an alcoholic beverage in a sealed container for consumption off-premises must
be accompanied by the sale of food within the same order; and
Any delivery of an alcoholic beverage must comply with the delivery requirements in s.
561.57, F.S.
Under the executive order, the suspension of the package sale restriction for SRX licenses was
effective through the expiration of the state of emergency declared in Executive Order 20-52,
including any extensions thereof. Executive order 20-52 has been extended six times since its
issuance, most recently on December 29, 2020.16
The Governor’s suspension of the package sale prohibition in s. 561.20(2)(a)4., F.S., permitted
SRX licensees to sell, for off-premises consumption, alcoholic beverages in sealed containers,
i.e., in containers sealed by the manufacturer. The executive order did not authorize alcoholic
beverage vendors to sell liquor-based or wine-based mixed drinks for consumption off-premises.
As noted by the DBPR, “unless otherwise permitted by law, the sale of alcoholic beverages in
sealed containers requires the containers to be sealed by the manufacturer.”17
III. Effect of Proposed Changes:
Section 1 amends s. 561.20(2)(a)4., F.S., to permit food service establishments, i.e., restaurants,
with SRX licenses to sell and deliver alcoholic beverages for off-premises consumption under
certain conditions.
Section 2 creates s. 561.575, F.S., to provide requirements for deliveries of alcoholic beverages
by SRX licensees. Under the bill, SRX licensees may sell and deliver manufacturer-sealed
containers of beer and wine for off-premises consumption. The bill also allows SRX licensees to
sell and deliver any alcoholic beverage drink that is prepared and sealed by the licensee or its
employee, including wine-based and liquor-based beverages, for off-premises consumption.
Alcoholic beverages sold for off-premises consumption must be accompanied by the sale of food
within the same order.
14
Fla. Exec. Order No. 20-71 (Mar. 20, 2020).
15
Id.
16
Fla. Exec. Order No. 20-316 (Dec. 29, 2020). Section 252.36(2), F.S., provides that states of emergency may not continue
for more than 60 days unless renewed by the Governor.
17
See Division of Business and Professional Regulation, Frequently Asked Questions Related to Executive Order 20-71,
available at www.myfloridalicense.com/DBPR/os/documents/DBPR%20FAQs%20re%20EO%2020-71.pdf (last visited
Mar. 8, 2021).
BILL: CS/SB 148 Page 5
Containers for alcoholic beverages sold or delivered for off-premises consumption may not
exceed 32 ounces. Malt beverage containers must comply with the container size, labeling, and
filling requirements of s. 563.03, F.S., except that such containers may not exceed 32 ounces.18
The bill requires alcoholic beverage drinks prepared and sold or delivered for off-premises
consumption to be securely sealed by the licensee with an unbroken seal that prevents the
beverage from being immediately consumed before removal from the premises. Alcoholic
beverage drinks prepared and sealed by the licensee must be placed in a bag or other container
that is secured in such a manner that it is visibly apparent if the container has been subsequently
opened or tampered with, and a dated receipt of the beverage and meal must be provided and
attached to the container.
Alcoholic beverages that are prepared and sealed by the licensee and delivered or transported by
motor vehicle must be placed in a locked compartment, locked trunk, or other area behind the
last upright seat of the motor vehicle.19
SRX licensees must comply with the delivery requirements for alcoholic beverage vendors in s.
561.57, F.S.
The bill expressly prohibits an SRX licensee from selling manufacturer-sealed containers of
distilled spirits for off-premises consumption.
Section 3 amends s. 316.1936(9), F.S., to provide that an alcoholic beverage that has been sealed
by a licensee or employee is not an open container under the prohibition against open containers
of alcoholic beverages in a motor vehicle.
Section 4 provides an effective date of July 1, 2021.
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.
18
Section 563.06(7), F.S., permits a malt beverage growler to hold 32, 64, or 128 ounces of malt beverage.
19
The sealing and transportation requirements in the bill are comparable to the requirements found in s. 564.09, F.S., for the
sealing and transportation of a bottle of wine partially consumed at a restaurant.
BILL: CS/SB 148 Page 6
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may enable qualifying food service establishments to increase their sales revenue
through the sale of alcoholic beverages with food delivery orders.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 561.20 and 316.1936 of the Florida Statutes.
This bill creates section 561.575 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.)
BILL: CS/SB 148 Page 7
CS by Regulated Industries on February 17, 2021:
The committee substitute:
Clarifies that wine-based and liquor-based beverages prepared and sealed by the
licensee may be sold or delivered for off-premises consumption.
Limits the amount of alcoholic beverages that may be sold or delivered for off-
premises consumption to 32 ounces.
Requires alcoholic beverages prepared and sealed by the licensee to be placed in a
bag or other container that is secured in such a manner that it is visibly apparent if the
container has been subsequently opened or tampered with, and that a dated receipt of
the beverage and meal must be provided and attached to the container.
Requires alcoholic beverages prepared and sealed by the licensee and transported by
motor vehicle to be placed in a locked compartment, locked trunk, or other area
behind the last upright seat of the motor vehicle.
Requires malt beverage containers to comply with the size, labeling, and filling
requirements of s. 563.06, F.S., except that such containers may not exceed 32
ounces.
Requires SRX license to comply with the delivery requirements for alcoholic
beverage vendors in s. 561.57, F.S.
Prohibits the sale of manufacturer-sealed containers of distilled spirits.
Provides that an alcoholic beverage that is sealed by a licensee or employee is not an
open container under the prohibition against an open container of alcoholic beverages
in a motor vehicle under s. 316.1936, F.S.
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 - 2021 CS for SB 148 Florida Senate - 2021 CS for SB 148
By the Committee on Regulated Industries; and Senator Bradley
580-02162-21 2021148c1 580-02162-21 2021148c1
1 A bill to be entitled 30 as defined in s. 561.01(21), with fewer than 100 guest rooms
2 An act relating to the Beverage Law; amending s. 31 which derives at least 51 percent of its gross revenue from the
3 561.20, F.S.; authorizing certain food service 32 rental of hotel or motel rooms, which is licensed as a public
4 establishments to sell or deliver certain alcoholic 33 lodging establishment by the Division of Hotels and Restaurants;
5 beverages for off-premises consumption under certain 34 provided, however, that a bona fide hotel or motel with no fewer
6 circumstances; creating s. 561.575, F.S.; providing 35 than 10 and no more than 25 guest rooms which is a historic
7 requirements for such establishments to sell alcoholic 36 structure, as defined in s. 561.01(21), in a municipality that
8 beverages for off-premises consumption; requiring that 37 on the effective date of this act has a population, according to
9 such alcoholic beverages be transported in a specified 38 the University of Florida’s Bureau of Economic and Business
10 manner; providing construction; amending s. 316.1936, 39 Research Estimates of Population for 1998, of no fewer than
11 F.S.; specifying that certain alcoholic beverages sold 40 25,000 and no more than 35,000 residents and that is within a
12 by such establishments are not open containers for the 41 constitutionally chartered county may be issued a special
13 purposes of the prohibition on possessing open 42 license. This special license shall allow the sale and
14 containers of alcoholic beverages in vehicles; 43 consumption of alcoholic beverages only on the licensed premises
15 providing an effective date. 44 of the hotel or motel. In addition, the hotel or motel must
16 45 derive at least 60 percent of its gross revenue from the rental
17 Be It Enacted by the Legislature of the State of Florida: 46 of hotel or motel rooms and the sale of food and nonalcoholic
18 47 beverages; provided that this subparagraph shall supersede local
19 Section 1. Paragraph (a) of subsection (2) of section 48 laws requiring a greater number of hotel rooms;
20 561.20, Florida Statutes, is amended to read: 49 2. Any condominium accommodation of which no fewer than 100
21 561.20 Limitation upon number of licenses issued.— 50 condominium units are wholly rentable to transients and which is
22 (2)(a) The limitation of the number of licenses as provided 51 licensed under chapter 509, except that the license shall be
23 in this section does not prohibit the issuance of a special 52 issued only to the person or corporation that operates the hotel
24 license to: 53 or motel operation and not to the association of condominium
25 1. Any bona fide hotel, motel, or motor court of not fewer 54 owners;
26 than 80 guest rooms in any county having a population of less 55 3. Any condominium accommodation of which no fewer than 50
27 than 50,000 residents, and of not fewer than 100 guest rooms in 56 condominium units are wholly rentable to transients, which is
28 any county having a population of 50,000 residents or greater; 57 licensed under chapter 509, and which is located in any county
29 or any bona fide hotel or motel located in a historic structure, 58 having home rule under s. 10 or s. 11, Art. VIII of the State
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59 Constitution of 1885, as amended, and incorporated by reference 88 beverages at each catered event, licensed by the Division of
60 in s. 6(e), Art. VIII of the State Constitution, except that the 89 Hotels and Restaurants under chapter 509. This subparagraph does
61 license shall be issued only to the person or corporation that 90 not apply to a culinary education program, as defined in s.
62 operates the hotel or motel operation and not to the association 91 381.0072(2), which is licensed as a public food service
63 of condominium owners; 92 establishment by the Division of Hotels and Restaurants and
64 4. A food service establishment that has 2,500 square feet 93 provides catering services. Notwithstanding any law to the
65 of service area, is equipped to serve meals to 150 persons at 94 contrary, a licensee under this subparagraph shall sell or serve
66 one time, and derives at least 51 percent of its gross food and 95 alcoholic beverages only for consumption on the premises of a
67 beverage revenue from the sale of food and nonalcoholic 96 catered event at which the licensee is also providing prepared
68 beverages during the first 60-day operating period and each 12- 97 food, and shall prominently display its license at any catered
69 month operating period thereafter. A licensee under this 98 event at which the caterer is selling or serving alcoholic
70 subparagraph may sell or deliver alcoholic beverages for off- 99 beverages. A licensee under this subparagraph shall purchase all
71 premises consumption pursuant to s. 561.575. A food service 100 alcoholic beverages it sells or serves at a catered event from a
72 establishment granted a special license on or after January 1, 101 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
73 1958, pursuant to general or special law may not operate as a 102 under s. 565.02(1) subject to the limitation imposed in
74 package store except as provided in s. 561.575 and may not sell 103 subsection (1), as appropriate. A licensee under this
75 intoxicating beverages under such license after the hours of 104 subparagraph may not store any alcoholic beverages to be sold or
76 serving or consumption of food have elapsed. Failure by a 105 served at a catered event. Any alcoholic beverages purchased by
77 licensee to meet the required percentage of food and 106 a licensee under this subparagraph for a catered event that are
78 nonalcoholic beverage gross revenues during the covered 107 not used at that event must remain with the customer; provided
79 operating period shall result in revocation of the license or 108 that if the vendor accepts unopened alcoholic beverages, the
80 denial of the pending license application. A licensee whose 109 licensee may return such alcoholic beverages to the vendor for a
81 license is revoked or an applicant whose pending application is 110 credit or reimbursement. Regardless of the county or counties in
82 denied, or any person required to qualify on the special license 111 which the licensee operates, a licensee under this subparagraph
83 application, is ineligible to have any interest in a subsequent 112 shall pay the annual state license tax set forth in s.
84 application for such a license for a period of 120 days after 113 565.02(1)(b). A licensee under this subparagraph must maintain
85 the date of the final denial or revocation; 114 for a period of 3 years all records and receipts for each
86 5. Any caterer, deriving at least 51 percent of its gross 115 catered event, including all contracts, customers’ names, event
87 food and beverage revenue from the sale of food and nonalcoholic 116 locations, event dates, food purchases and sales, alcoholic
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117 beverage purchases and sales, nonalcoholic beverage purchases 146 381.0072(2) which is licensed as a public food service
118 and sales, and any other records required by the department by 147 establishment by the Division of Hotels and Restaurants.
119 rule to demonstrate compliance with the requirements of this 148 a. This special license shall allow the sale and
120 subparagraph. Notwithstanding any law to the contrary, any 149 consumption of alcoholic beverages on the licensed premises of
121 vendor licensed under s. 565.02(1) subject to the limitation 150 the culinary education program. The culinary education program
122 imposed in subsection (1), may, without any additional licensure 151 shall specify designated areas in the facility where the
123 under this subparagraph, serve or sell alcoholic beverages for 152 alcoholic beverages may be consumed at the time of application.
124 consumption on the premises of a catered event at which prepared 153 Alcoholic beverages sold for consumption on the premises may be
125 food is provided by a caterer licensed under chapter 509. If a 154 consumed only in areas designated pursuant to s. 561.01(11) and
126 licensee under this subparagraph also possesses any other 155 may not be removed from the designated area. Such license shall
127 license under the Beverage Law, the license issued under this 156 be applicable only in and for designated areas used by the
128 subparagraph shall not authorize the holder to conduct 157 culinary education program.
129 activities on the premises to which the other license or 158 b. If the culinary education program provides catering
130 licenses apply that would otherwise be prohibited by the terms 159 services, this special license shall also allow the sale and
131 of that license or the Beverage Law. Nothing in this section 160 consumption of alcoholic beverages on the premises of a catered
132 shall permit the licensee to conduct activities that are 161 event at which the licensee is also providing prepared food. A
133 otherwise prohibited by the Beverage Law or local law. The 162 culinary education program that provides catering services is
134 Division of Alcoholic Beverages and Tobacco is hereby authorized 163 not required to derive at least 51 percent of its gross revenue
135 to adopt rules to administer the license created in this 164 from the sale of food and nonalcoholic beverages.
136 subparagraph, to include rules governing licensure, 165 Notwithstanding any law to the contrary, a licensee that
137 recordkeeping, and enforcement. The first $300,000 in fees 166 provides catering services under this sub-subparagraph shall
138 collected by the division each fiscal year pursuant to this 167 prominently display its beverage license at any catered event at
139 subparagraph shall be deposited in the Department of Children 168 which the caterer is selling or serving alcoholic beverages.
140 and Families’ Operations and Maintenance Trust Fund to be used 169 Regardless of the county or counties in which the licensee
141 only for alcohol and drug abuse education, treatment, and 170 operates, a licensee under this sub-subparagraph shall pay the
142 prevention programs. The remainder of the fees collected shall 171 annual state license tax set forth in s. 565.02(1)(b). A
143 be deposited into the Hotel and Restaurant Trust Fund created 172 licensee under this sub-subparagraph must maintain for a period
144 pursuant to s. 509.072; or 173 of 3 years all records required by the department by rule to
145 6. A culinary education program as defined in s. 174 demonstrate compliance with the requirements of this sub-
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175 subparagraph. 204 limitation contained in subsection (1). Any license issued for
176 c. If a licensee under this subparagraph also possesses any 205 any hotel, motel, or motor court under this law shall be issued
177 other license under the Beverage Law, the license issued under 206 only to the owner of the hotel, motel, or motor court or, in the
178 this subparagraph does not authorize the holder to conduct 207 event the hotel, motel, or motor court is leased, to the lessee
179 activities on the premises to which the other license or 208 of the hotel, motel, or motor court; and the license shall
180 licenses apply that would otherwise be prohibited by the terms 209 remain in the name of the owner or lessee so long as the license
181 of that license or the Beverage Law. Nothing in this 210 is in existence. Any special license now in existence heretofore
182 subparagraph shall permit the licensee to conduct activities 211 issued under this law cannot be renewed except in the name of
183 that are otherwise prohibited by the Beverage Law or local law. 212 the owner of the hotel, motel, motor court, or restaurant or, in
184 Any culinary education program that holds a license to sell 213 the event the hotel, motel, motor court, or restaurant is
185 alcoholic beverages shall comply with the age requirements set 214 leased, in the name of the lessee of the hotel, motel, motor
186 forth in ss. 562.11(4), 562.111(2), and 562.13. 215 court, or restaurant in which the license is located and must
187 d. The Division of Alcoholic Beverages and Tobacco may 216 remain in the name of the owner or lessee so long as the license
188 adopt rules to administer the license created in this 217 is in existence. Any license issued under this section shall be
189 subparagraph, to include rules governing licensure, 218 marked “Special,” and nothing herein provided shall limit,
190 recordkeeping, and enforcement. 219 restrict, or prevent the issuance of a special license for any
191 e. A license issued pursuant to this subparagraph does not 220 restaurant or motel which shall hereafter meet the requirements
192 permit the licensee to sell alcoholic beverages by the package 221 of the law existing immediately prior to the effective date of
193 for off-premises consumption. 222 this act, if construction of such restaurant has commenced prior
194 223 to the effective date of this act and is completed within 30
195 However, any license heretofore issued to any such hotel, motel, 224 days thereafter, or if an application is on file for such
196 motor court, or restaurant or hereafter issued to any such 225 special license at the time this act takes effect; and any such
197 hotel, motel, or motor court, including a condominium 226 licenses issued under this proviso may be annually renewed as
198 accommodation, under the general law shall not be moved to a new 227 now provided by law. Nothing herein prevents an application for
199 location, such license being valid only on the premises of such 228 transfer of a license to a bona fide purchaser of any hotel,
200 hotel, motel, motor court, or restaurant. Licenses issued to 229 motel, motor court, or restaurant by the purchaser of such
201 hotels, motels, motor courts, or restaurants under the general 230 facility or the transfer of such license pursuant to law.
202 law and held by such hotels, motels, motor courts, or 231 Section 2. Section 561.575, Florida Statutes, is created to
203 restaurants on May 24, 1947, shall be counted in the quota 232 read:
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233 561.575 Food service establishments; off-premises 262 may not exceed 32 ounces.
234 consumption of alcoholic beverages.— 263 (3) Any delivery of an alcoholic beverage under this
235 (1) Notwithstanding any other law, a public food service 264 section must comply with s. 561.57.
236 establishment licensed under s. 561.20(2)(a)4. may sell 265 (4) This section may not be construed to authorize public
237 manufacturer-sealed containers of wine, containers of malt 266 food service establishments licensed under s. 561.20(2)(a)4. to
238 beverages, or any alcoholic beverage drink prepared by the 267 sell as package manufacturer-sealed containers of distilled
239 vendor, including any wine-based and liquor-based drinks, sold 268 spirits.
240 in containers sealed by the licensee or its employees for 269 Section 3. Subsection (9) of section 316.1936, Florida
241 consumption off of the licensed premises if accompanied by the 270 Statutes, is amended to read:
242 sale of food within the same order. The container for any 271 316.1936 Possession of open containers of alcoholic
243 alcoholic beverage sold or delivered for consumption off the 272 beverages in vehicles prohibited; penalties.—
244 premises pursuant to this section may not exceed 32 ounces. An 273 (9) A bottle of wine that has been resealed and is
245 alcoholic beverage drink prepared by the vendor and sold or 274 transported pursuant to s. 564.09 or an alcoholic beverage that
246 delivered for consumption off the premises must be securely 275 has been sealed by a licensee or the employee of a licensee and
247 sealed by the licensee or its employees with an unbroken seal 276 is transported pursuant to s. 561.575 is not an open container
248 that prevents the beverage from being immediately consumed 277 under the provisions of this section.
249 before removal from the premises. Such alcoholic beverage also 278 Section 4. This act shall take effect July 1, 2021.
250 must be placed in a bag or other container that is secured in
251 such a manner that it is visibly apparent if the container has
252 been subsequently opened or tampered with, and a dated receipt
253 for the alcoholic beverage and meal must be provided by the
254 licensee and attached to the sealed container. If transported in
255 a motor vehicle, an alcoholic beverage that is not in a
256 container sealed by the manufacturer must be placed in a locked
257 compartment, a locked trunk, or the area behind the last upright
258 seat of a motor vehicle.
259 (2) Any sale or delivery of a malt beverage under this
260 section must comply with the container size, labeling, and
261 filling requirements under s. 563.06, except that such container
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The Florida Sen te
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Prof ssional Staff conducting t e meeting)
Meeting Date
Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name
Phone
City State Zip ¦
Speaking. [ For I I A ainst | | Information
Waive Speaking: [2 upport | | Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes < o Lobbyist registered with Legislature: FTYes No
This form is part of the public record for this meeting.
S-001 (10/14/14f
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date ,6 Bill Number (if applicable)
Topic J11 Amendment Barcode (if applicable)
Name
Job Title
Address 7 Phonel
Street .
Email
City State Zip /
Speaking: | | For | | Against Information Waive Speaking: [v| ln Support | | Against
(The Chair will read this information into the record.)
Representing
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 s part of the pubiic 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: SB 346
INTRODUCER: Senators Rodriguez and Hutson
SUBJECT: Florida Real Estate Appraisal Board
DATE: March 8, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Favorable
2. McKay McKay CM Favorable
3. RC
I. Summary:
SB 346 reduces the number of board members sitting on the Florida Real Estate Appraisal Board
(board) from nine to seven members. The bill removes from the board one of the two current
members representing the appraisal management industry, and one of the two current members
who represents the general public and is not connected in any way with the practice of real estate
appraisal.
The effective date of the bill is November 1, 2021.
II. Present Situation:
The Florida Real Estate Appraisal Board (board) within the Department of Business and
Professional Regulation (DBPR) regulates real estate appraisers under part II of ch. 475, F.S. The
board, through its rules, is authorized to:
Regulate the issuance of licenses, certifications, registrations, and permits;
Discipline appraisers;
Establish qualifications for licenses, certifications, registrations, and permits;
Regulate approved courses;
Establish standards for real estate appraisals; and
Establish standards for and regulate supervisory appraisers.
The board consists of nine members.1 The members of the board are all appointed by the
Governor, subject to confirmation by the Senate. The Governor may remove any member for
cause.2 The membership of the board must consist of:
1
Section 475.613(1), F.S.
2
Section 475.613(1)(a), F.S.
BILL: SB 346 Page 2
Four members who are 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 members who represent the appraisal management industry;
One member who represents organizations that use appraisals for the purpose of eminent
domain proceedings, financial transactions, or mortgage insurance; and
Two members who represent the general public and are not connected in any way with the
practice of real estate appraisal.3
Members of the board are appointed for 4-year terms, and may not be appointed for more than
two consecutive terms.4 The headquarters of the board is in Orlando, Florida.5 The board must
meet at least once each calendar quarter to conduct its business.6 Members must elect a
chairperson at the first meeting each year.7
Each member of the board is entitled to per diem and travel expenses as set by legislative
appropriation for each day that the member engages in the business of the board.8
Currently there are 6,891 active certified real estate appraisers.9 In comparison, the seven-
member Real Estate Commission, which regulates real estate agents, associates, and schools, has
305,298 active licensees.10
In 2010, the membership of the board was increased from seven members to nine members with
the addition of two members representing the appraisal management industry.11
There is currently one vacancy on the board.12 There are two members with current appointments
expiring October 31, 2021 and six continue to hold office through the expiration of their term,
including both public members and both appraisal management industry representatives.13
III. Effect of Proposed Changes:
The bill amends s. 475.613, F.S., to reduce the number of board members sitting on the board
from nine members to seven members. The bill removes from the board one of the two current
members representing the appraisal management industry, and one of the two current members
3
Id.
4
Section 475.613(1)(a), F.S.
5
Section 475.613(1)(b), F.S.
6
Section 475.613(1)(c), F.S.
7
Section 475.613(1)(d), F.S.
8
Section 475.613(1)(e), F.S.
9
See Department of Business and Professional Regulation, Annual Report, Divisions of Professions, Division Certified
Public Accounting, Division of Real Estate, and Division of Regulation, Fiscal Year 2019-2020, at
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY1920.pdf , at page 20 (last visited
March 8, 2021).
10
Id.
11
Chapter 2010-84, s. 2, Laws of Fla.
12
It is an appointment of a certified real estate appraiser. Real Estate Appraisal – Board Information –
MyFloridaLicense.com (last visited March 8, 2021).
13
Id.
BILL: SB 346 Page 3
who represents the general public and is not connected in any way with the practice of real estate
appraisal.
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.
C. Government Sector Impact:
The DBPR estimates that the bill will reduce travel expenses for the board by $5,200 per
year. 14
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
14
See Department of Business and Professional Regulation, SB 346 Bill Analysis, p. 3 (Jan. 26, 2021) (on file with the Senate
Committee on Regulated Industries).
BILL: SB 346 Page 4
VIII. Statutes Affected:
This bill substantially amends the following section 475.613 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.
Florida Senate - 2021 SB 346 Florida Senate - 2021 SB 346
By Senator Rodriguez
39-00677-21 2021346__ 39-00677-21 2021346__
1 A bill to be entitled 30 membership in a nationally recognized or state-recognized
2 An act relating to the Florida Real Estate Appraisal 31 appraisal organization may shall not be a prerequisite to
3 Board; amending s. 475.613, F.S.; revising the 32 membership on the board. To the extent possible, no more than
4 composition of the board; providing an effective date. 33 two members of the board shall be primarily affiliated with any
5 34 one particular national or state appraisal association. Two of
6 Be It Enacted by the Legislature of the State of Florida: 35 the members must be licensed or certified residential real
7 36 estate appraisers and two of the members must be certified
8 Section 1. Subsection (1) of section 475.613, Florida 37 general real estate appraisers at the time of their appointment.
9 Statutes, is amended to read: 38 (a) Members of the board shall be appointed for 4-year
10 475.613 Florida Real Estate Appraisal Board.— 39 terms. Any vacancy occurring in the membership of the board
11 (1) There is created the Florida Real Estate Appraisal 40 shall be filled by appointment by the Governor for the unexpired
12 Board, which shall consist of seven nine members appointed by 41 term. Upon expiration of her or his term, a member of the board
13 the Governor, subject to confirmation by the Senate. Four 42 shall continue to hold office until the appointment and
14 members of the board must be real estate appraisers who have 43 qualification of the member’s successor. A member may not be
15 been engaged in the general practice of appraising real property 44 appointed for more than two consecutive terms. The Governor may
16 in this state for at least 5 years immediately preceding 45 remove any member for cause.
17 appointment. In appointing real estate appraisers to the board, 46 (b) The headquarters for the board shall be in Orlando.
18 while not excluding other appraisers, the Governor shall give 47 (c) The board shall meet at least once each calendar
19 preference to real estate appraisers who are not primarily 48 quarter to conduct its business.
20 engaged in real estate brokerage or mortgage lending activities. 49 (d) The members of the board shall elect a chairperson at
21 One member Two members of the board must represent the appraisal 50 the first meeting each year.
22 management industry. One member of the board must represent 51 (e) Each member of the board is entitled to per diem and
23 organizations that use appraisals for the purpose of eminent 52 travel expenses as set by legislative appropriation for each day
24 domain proceedings, financial transactions, or mortgage 53 that the member engages in the business of the board.
25 insurance. One member Two members of the board must be a 54 Section 2. This act shall take effect November 1, 2021.
26 representative shall be representatives of the general public
27 and may shall not be connected in any way with the practice of
28 real estate appraisal. The appraiser members shall be as
29 representative of the entire industry as possible, and
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
Committee Agenda Request
To: Senator Ed Hooper, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: February 11, 2021
I respectfully request that Senate Bill #352, relating to Massage Therapy, be placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Ana Maria Rodriguez
Florida Senate, District 39
File signed original with committee office S-020 (03/2004)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROO
The Florida Senate
March 9, 2021 APPEARANCE RECORD SB 352
Meeting Date Bill Number (if applicable)
Topic SB 352 - Massage Therapy Amendment Barcode (if applicable)
Name Anita Berry
Job Title Associate
Address 21748 8tate Road 54 Suite 101 Phone 301-524-0172
Street
Lutz FL 33549 Email anita@johnstonstewart.com
City State Z/p
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Rloric,a State Massage Therapy Association
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 pa t of the public record for this meeting. S-001 (10/14/14)
2021 AGENCY LEGISLATIVE BILL ANALYSIS
AGENCY: Florida Department of Health
BILL INFORMATION
BILL NUMBER: 352
BILL TITLE: Massage Therapy
BILL SPONSOR: Rodriguez (A)
EFFECTIVE DATE: 7/1/2021
COMMITTEES OF REFERENCE CURRENT COMMITTEE
1) Health Policy Committee on Tourism
2) Committee on Tourism
3) Appropriations SIMILAR BILLS
BILL NUMBER: 245
4) Click or tap here to enter text.
SPONSOR: Chaney
5) Click or tap here to enter text.
PREVIOUS LEGISLATION IDENTICAL BILLS
BILL NUMBER: Click or tap here to enter text. BILL NUMBER: Click or tap here to enter text.
SPONSOR: Click or tap here to enter text. SPONSOR: Click or tap here to enter text.
YEAR: Click or tap here to enter text.
Is this bill part of an agency package?
LAST ACTION: Click or tap here to enter text. No
BILL ANALYSIS INFORMATION
DATE OF ANALYSIS: January 2021
LEAD AGENCY ANALYST: Kama Monroe
ADDITIONAL ANALYST(S): Lola Pouncey
LEGAL ANALYST: Louise St. Laurent
FISCAL ANALYST: Jonathan Sackett
POLICY ANALYSIS
2021 Agency Bill Analysis
1. EXECUTIVE SUMMARY
This bill amends provisions of the Massage Practice Act, amending the purpose of the act, replacing the term “Massage”
with “Massage therapy,” amending the definition of “Massage therapy” to include specific authorization to use over-
the-counter topical agents and topical prescription medications in accordance with Board rules, amending the definition
of “Massage therapist” to preforming massage therapy, including massage assessment, providing a definition of
"Massage therapy assessment", and reordering the definitions section into alphabetical order. The bill also makes
conforming changes to citations and terminology throughout the statutes.
2. SUBSTANTIVE BILL ANALYSIS
1. PRESENT SITUATION:
Chapter 480, Florida Statutes (F.S.), is titled “Massage Practice” and Section 480.031, F.S., states that this Chapter can be
referred to as the “Massage Practice Act.” There are numerous references throughout Chapter 480 and in other portions
of the Statutes which refer to “Massage Practice.”
Section 480.032, F.S., provides the purpose of the Massage Practice Act.
Section 480.033(3), F.S., defines “Massage” as the manipulation of soft tissue whether or not such manipulation is aided
by “the application to the human body of a chemical or herbal preparation.”
Section 480.033(4), F.S., defines “Massage therapist” as a person licensed by this act who administers massage for
compensation.
2. EFFECT OF THE BILL:
The current term used by Massage therapists to refer to their profession is “Massage Therapy” as opposed to
“Massage.” This bill updates the statutory terminology, renaming Chapter 480 as “Massage Therapy Practice.” Changes
to section 480.031, F.S., amend the short title of this Chapter to the “Massage Therapy Practice Act.” The bill also makes
numerous conforming changes throughout Chapter 480 and the Florida Statutes.
Currently, the section 480.032, F.S., provides that this act is necessary because "massage is potentially dangerous." This
language is revised to clarify that it is unregulated massage which poses a danger to the public and that massage is a
health care practice.
The bill reorders the provisions of section 480.033, F.S., to list the definitions provided in in alphabetical order, makes
significant changes to some definitions, and adds a new definition. First, the bill amends the definition of “Massage
therapy” to include specific authorization to use over-the-counter topical agents and topical prescription medications in
accordance with the Board of Massage Therapy rules. This will require the Board of Massage Therapy to promulgate
rules regarding the safe use and administration of prescription medications.
Second, the bill amends the definition of “Massage Therapist” as being a person licensed under this act who performs
massage therapy, including massage therapy assessment, for compensation.
Third, the bill creates a definition for "Massage therapy assessment" stating it is determining the course of massage
therapy treatment.
This bill also makes numerous conforming changes throughout the statutes, replacing the term "massage" with
"massage therapy" and updating citations. It also cleans up language and punctuation throughout the practice act, with
no change to the meaning or intent of the language.
3. DOES THE BILL DIRECT OR ALLOW THE AGENCY/BOARD/COMMISSION/DEPARTMENT TO DEVELOP,
ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES, OR PROCEDURES? Y☒ N☐
2
2021 Agency Bill Analysis
If yes, explain: The bill directs the Board of Massage Therapy to develop rules regarding the
administration of prescription topical medications. In addition, the majority of
Rules in Chapter 64B7, F.A.C., will need to be revised to replace the term
"Massage" with the term "Massage Therapy."
Is the change consistent
with the agency’s core Y☒ N☐
mission?
Rule(s) impacted (provide Chapter 64B-7, F.A.C.
references to F.A.C., etc.):
4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER GROUPS?
Proponents and summary Unknown
of position:
Opponents and summary of Unknown
position:
5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS BILL? Y☐ N☒
If yes, provide a N/A
description:
Date Due: N/A
Bill Section Number(s): N/A
6. ARE THERE ANY NEW GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK
FORCES, COUNCILS, COMMISSIONS, ETC. REQUIRED BY THIS BILL? Y☐ N☒
Board: N/A
Board Purpose: N/A
Who Appoints: N/A
Changes: N/A
Bill Section Number(s): N/A
FISCAL ANALYSIS
1. DOES THE BILL HAVE A FISCAL IMPACT TO LOCAL GOVERNMENT? Y☐ N☒
Revenues: N/A
Expenditures: N/A
3
2021 Agency Bill Analysis
Does the legislation N/A
increase local taxes or
fees? If yes, explain.
If yes, does the legislation N/A
provide for a local
referendum or local
governing body public vote
prior to implementation of
the tax or fee increase?
2. DOES THE BILL HAVE A FISCAL IMPACT TO STATE GOVERNMENT? Y☒ N☐
Revenues: None
Expenditures:
DOH/MQA will incur non-recurring cost associated with rulemaking, yet
current budget authority is adequate to absorb.
Does the legislation contain No
a State Government
appropriation?
If yes, was this N/A
appropriated last year?
3. DOES THE BILL HAVE A FISCAL IMPACT TO THE PRIVATE SECTOR? Y☐ N☒
Revenues: N/A
Expenditures: N/A
Other: N/A
4. DOES THE BILL INCREASE OR DECREASE TAXES, FEES, OR FINES? Y☐ N☒
If yes, explain impact. N/A
Bill Section Number: N/A
4
2021 Agency Bill Analysis
TECHNOLOGY IMPACT
1. DOES THE BILL IMPACT THE AGENCY’S TECHNOLOGY SYSTEMS (I.E. IT SUPPORT, LICENSING
SOFTWARE, DATA STORAGE, ETC.)? Y☐ N☒
If yes, describe the N/A
anticipated impact to the
agency including any fiscal
impact.
FEDERAL IMPACT
1. DOES THE BILL HAVE A FEDERAL IMPACT (I.E. FEDERAL COMPLIANCE, FEDERAL FUNDING, FEDERAL
AGENCY INVOLVEMENT, ETC.)? Y☐ N☒
If yes, describe the N/A
anticipated impact including
any fiscal impact.
ADDITIONAL COMMENTS
None
LEGAL - GENERAL COUNSEL’S OFFICE REVIEW
Issues/concerns/comments:
5
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 352
INTRODUCER: Health Policy Committee and Senator Rodriguez
SUBJECT: Massage Therapy
DATE: March 8, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Rossitto Van-
Brown HP Fav/CS
Winkle
2. Harmsen McKay CM Favorable
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 352 makes multiple changes to the regulation of the practice of massage. The bill:
Replaces the term “massage” with “massage therapy” throughout ch. 480, F.S., and revises
the chapter title from “Massage Practice” to “Massage Therapy Practice;”
Specifies that massage therapy is a therapeutic health care practice;
Amends the definitions of “massage” and “massage therapist” to expand the scope of
practice of massage therapists; and
Defines “massage therapy assessment” and includes the performance of such assessment, for
compensation, in the scope of practice of massage therapy.
The bill provides an effective date of July 1, 2021.
II. Present Situation:
The Department of Health
The Legislature created the Department of Health (DOH) to protect and promote the health of all
residents and visitors in the state.1 The DOH is charged with the regulation of health care
practitioners for the preservation of the health, safety, and welfare of the public. The Division of
1
Section 20.43, F.S.
BILL: CS/SB 352 Page 2
Medical Quality Assurance (MQA) is responsible for the boards2 and professions within the
DOH.3
Section 480.035, F.S., establishes the Board of Massage Therapy (BMT) within the DOH to
license and regulate the practice of massage. The BMT also specifies the licensing procedures
for practitioners who desire to practice in Florida.4
Massage
“Massage” is the manipulation of the soft tissues of the human body with the hand, foot, arm, or
elbow, whether or not the manipulation is aided by hydrotherapy, including colonic irrigation, or
thermal therapy; any electrical or mechanical device; or the application to the human body of a
chemical or herbal preparation.5
Chapter 480, F.S., the “Massage Practice Act,” governs the practice of massage in Florida. A
massage therapist is a health care practitioner licensed under ch. 480, F.S.6 According to the
DOH, there are 176 approved, licensed massage schools in Florida. In Fiscal Year 2019-2020,
there were 32,435 in-state, active licensed massage therapists and 96 licensed massage
apprentices licensed under the Florida apprenticeship program.7
Massage Licensure
An individual who seeks licensure to practice massage in Florida must:8
Submit an application and fee to the DOH;
Be at least 18 years of age or have a high school diploma or high school equivalency
diploma;
Submit to background screening, and be found to not have been convicted or found guilty of,
or to have pled nolo contendere to specific crimes and felonies; and
Meet specific training and education requirements, as discussed below.
Education and Training Requirements
Individuals may meet their education and training requirements to earn their Florida massage
license in one of three manners:
2
Under s. 456.001(1), F.S., the term “board” is defined as any board, commission, or other statutorily created entity, to the
extent such entity is authorized to exercise regulatory or rulemaking functions within the DOH or, in some cases, within the
MQA.
3
Section 20.43, F.S.
4
Section 480.041(5)(c), F.S.
5
Section 480.033, F.S.
6
Section 456.001(4), F.S.
7
Florida Department of Health, Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2019-2020,
pg. 14 available at http://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/_documents/2019-2020-
annual-report.pdf (last visited Mar. 8, 2021).
8
Section 480.041, F.S. See also, Rule 64B7-25, F.A.C
BILL: CS/SB 352 Page 3
Attend a BMT-approved massage school and pass a BMT-approved examination;9
Complete a BMT-approved massage apprenticeship program by July 1, 2023, and pass a
BMT-approved examination.10 This option is only available to those who had a massage
apprentice license before July 1, 2020;11 or
Obtain a license by endorsement, if the applicant is currently licensed in a different state and
meets additional requirements.12
Massage Therapy Schools
The BMT requires applicants for licensure to practice massage therapy to complete at least 500
classroom hours, which the student must complete at a rate of no more than six hours per day
and no more than 30 classroom hours per calendar week.13 Classroom education must include:14
150 hours of anatomy and physiology;
100 hours of basic massage theory and history;
125 hours of clinical practicum;
76 hours of allied modalities;
15 hours of business;
15 hours of theory and practice of hydrotherapy;
10 hours of Florida laws and rules;
4 hours of professional ethics;
3 hours of HIV/AIDS education; and
2 hours on reducing medical errors.
Apprenticeships
Previously, individuals could complete a massage apprenticeship in lieu of attending and
graduating from a BMT-approved massage therapy school.15 In 2020, however, the Legislature
removed this path to licensure by redefining the term “apprentice” in the Massage Practice
Act.16,17 Only individuals who were issued a license as a massage apprentice before July 1, 2020,
are permitted to continue under their apprenticeship until it expires. If the individual chooses to
9
Rule 64B7-25.001, F.A.C. See also, Florida Board of Massage Therapy, Requirements for all Applicants, Additional
Requirements for Examination Applicants, available at https://floridasmassagetherapy.gov/licensing/licensed-massage-
therapist-lmt/ (last visited Mar. 8, 2021).
10
Rule 64B7-29.003, F.A.C. (2020). During the apprenticeship, the sponsor is required to file quarterly reports and the
apprentice must complete the following courses of study: 300 hours of physiology, 300 hours of anatomy, 20 hours of theory
and history of massage, 50 hours of theory and practice of hydro-therapy, 25 hours of statutes and rules of massage practice,
50 hours of introduction to allied modalities, 700 hours of practical massage, and three hours of BMP-approved HIV/AIDS
instruction.
11
See ss. 480.033(5) and 480.041(8), F.S., (2020). After June 30, 2020, the DOH no longer issues massage apprentice
licenses.
12
Section 480.041(5)(c), F.S.
13 Rule 64B7-32.003, F.A.C.
14 Id.
15
Section 480.041(1)(b), F.S. (2019).
16
Section 480.033(5), F.S.
17
Chapter 2020-133, s. 38, Laws of Fla., CS/CS/CS/HB 713 (2020) was signed into law on June 29, 2020, and took effect on
July 1, 2020.
BILL: CS/SB 352 Page 4
apply for licensure to practice massage in Florida, he or she may do so before July 1, 2023, and
be granted a license, if he or she meets all other licensing requirements, e.g., exam passage.18
Apprenticeship training must be conducted by a fully-licensed sponsor at a qualified massage
establishment. The apprentice must complete his or her training within a 12-month period, and
the training must include:19
300 hours of anatomy;
300 hours of physiology;
20 hours of basic massage theory and history;
50 hours of theory and practice of hydrotherapy;
25 hours of Florida laws and rules regulating the practice of massage therapy;
50 hours of allied modalities;
700 hours of clinical practicum; and
3 hours of HIV/AIDS instruction.
Apprentices are also required to successfully complete an approved exam, and meet the other
general licensure requirements found in s. 480.041, F.S. (2019), to become fully licensed
massage practitioners.
Licensure by Endorsement
Individuals who hold an active license in another state that has licensing requirements that are
equivalent to, or that exceed, Florida’s licensing requirements are eligible to receive a Florida
massage practitioner license if he or she has also completed 10 hours of Florida Laws and Rules
as part of their BMT-approved massage education program or with an approved continuing
education (CE) provider.20
Health Coverage and Billing for Massage Services
The Florida Insurance Code21 requires any health insurance policy or health maintenance
organization (HMO) contract that provides coverage for massage to also cover the services of a
licensed massage therapist in cases where an allopathic, osteopathic, chiropractic, or podiatric
physician has prescribed massage as medically necessary, and the prescription specifies the
number of treatments.22 Medical benefits under personal injury protection coverage, however,
specifically exclude massage.23
18
Section 480.041(8), F.S.
19
Rule 64B7-29.003, F.A.C.
20
Rule 64B7-25.004, F.A.C. Florida-approved Massage Therapy programs are required to have 10 hours of Florida laws and
rules as a part of their curriculum. Graduates from out of state programs must show that they have met the same course
requirements as students who attend Florida schools. Out-of-state programs do not typically teach Florida laws and rules. By
including a course as a separate requirement in the board’s checklist, the board has reduced confusion among out-of-state
applicants and given them notice that if they did not take this class during their schooling they will need to take it before they
are licensed. See e-mail of Kama Monroe, Executive Director, Department of Health, Division of Medical Quality Assurance,
Bureau of Health Care Practitioner Regulation, Board of Massage Therapy (Jan. 27, 2021) (on file with the Senate Health
Policy Committee).
21
See s. 624.01, F.S.
22
Sections 627.6407, 627.6619, and 641.31(37), F.S.
23
Section 627.736(1)(a)5., F.S.
BILL: CS/SB 352 Page 5
All medical billing by health care practitioners in the United States is done using standardized
diagnosis ICD-10 codes24 and standardized procedure CPT codes25 or HCPCS codes,26 with or
without modifiers.” The CPT codes are generally preferred for office and outpatient setting, as
well as for Medicare, Medicaid, and by private insurers.27 The CPT codes are evidence-based
codes that have been created by the American Medical Association (AMA) and designated by
the U.S. Department of Health and Human Services under the Health Insurance Portability and
Accountability Act (HIPAA) as the national coding set for physicians and other health care
professional services. The 2021 CPT codes were released September 1, 2020.28
Massage therapists, like other health care practitioners, bill Medicare, Medicaid, private insurers
or private-pay patients for the procedures and services they provide. At the AMA's invitation, the
American Massage Therapy Association (AMTA) is part of the Physical Medicine and
Rehabilitation workgroup that was tasked to develop language that appropriately describes the
services of massage therapists across the country.29 Massage therapists may not use any CPT
codes from any area of the CPT code manual outside of the physical medicine and rehabilitation
pages.30 According to the AMTA, the following are some of the more common CPT codes
currently billed by massage therapists that are paid by Medicare, Medicaid, and private
insurers:31
CPT Code 97124 Massage Therapy;
CPT Code 97140 Manual Therapy;
CPT Code 97112 Neuromuscular Re-education;
CPT Code 97010 Hot/Cold Packs; and
CPT Code 97110 Therapeutic Exercise.
Typically, health care providers who provide medical evaluations and management (E/M)
services also bill Medicare, Medicaid, and private insurers for the initial office visit using CPT
codes 99201 through 99215 depending on whether the patient is a new or established patient and
24
ICD-10 codes refers to the 77,000 diagnosis codes listed in the 10th edition of the International Statistical Classification of
Diseases and Related Health Problems, a medical classification list produced by the World Health Organization. World
Health Organization, International Statistical Classification of Diseases and Related Health Problems (ICD), ICD-11,
available at https://www.who.int/standards/classifications/classification-of-diseases (last visited Mar. 8, 2021). (Note: ICD-
11 was adopted by the 72 World Health Assembly, May, 2019, and comes into effect on January 1, 2022.)
25
CPT codes refer to the Current Procedural Terminology (CPT) codes, and are produced by the American Medical
Association (AMA), Board of Trustees, CPT® Editorial Panel. American Medical Association, CPT® overview and code
approval, https://www.ama-assn.org/practice-management/cpt/cpt-overview-and-code-approval (last visited Mar. 8, 2021).
26
HCPCS codes refer to Healthcare Common Procedure Coding System (HCPCS) codes, developed by Centers for Medicare
and Medicaid Services and maintained by the AMA. Both CPT and HCPCS codes are the primary medical language used by
health care providers to bill for the procedures and services they provide. Center for Medicare and Medicaid Services,
Medicare, Coding, HCPCS Coding Questions, Do You Have A Coding Question?
https://www.cms.gov/Medicare/Coding/MedHCPCSGenInfo/HCPCS_Coding_Questions (last visited Mar. 8, 2021).
27
Id.
28
Supra, note 25.
29
American Massage Therapy Association, Insurance Reimbursement: What Are CPT Codes and Who Develops Them?,
https://www.amtamassage.org/resources/business-financial-tools/insurance-reimbursement/ (last visited Mar. 8, 2021).
30
Ed Denning, CPT Codes, MassageToday.com (Sept. 2, 2020), https://www.massagetoday.com/articles/12049/CPT-Codes
(last visited Mar. 8, 2021).
31
American Massage Therapy Association, Insurance Reimbursement, https://www.amtamassage.org/resources/business-
financial-tools/insurance-reimbursement/ (last visited Mar. 8, 2021).
BILL: CS/SB 352 Page 6
the complexity of the visit. The practitioner would follow the E/M documentation guidelines in
the CPT manual for all E/M services. The E/M CPT code requirements and average
reimbursement rates for a new patient office visit are as follows:32
CPT Code Description Services Provided Average Fee
99201 10 Minute - Requires Problem Focused: $30-$40
Problem Focused • History;
Exam & Plan • Examination; and
• Straightforward Decision Making.
99202 20 Minute - Requires Expanded Problem Focused: $70-$80
Expanded • History;
Problem Focused • Examination; and
Exam & Plan • Straightforward Decision Making.
99203 30 Minute - Requires Detailed: $80-$110
Detailed Exam • History;
& Plan • Examination; and
• Decision Making of Low Complexity.
99204 45 Minute - Requires Comprehensive: $130-$170
Exam of • History;
Moderate • Examination; and
Complexity & • Decision Making of Moderate Complexity.
Plan
99205 60 Minutes - Requires Comprehensive: $180-$210
Exam of High •History;
Complexity & •Examination; and
Plan •Decision Making of High Complexity.
Currently the scope of practice of a massage therapist in Florida does not include the patient
evaluation and management required for the utilization of the CPT codes 99201 through 99215,
and massage therapists are not currently reimbursed by Medicare, Medicaid, or private insurers
for those services.33
The CPT code modifiers (also called Level I modifiers) are two-digit numeric codes used to
supplement information and adjust care descriptions to provide extra details concerning a
32
Medical Billing, CPT Code 99201, 99202, 99203, 99204, 99205 - Which code to USE,
http://www.whatismedicalinsurancebilling.org/p/cpt-99201-99202-99203-99204-99205-which.html (last visited Mar. 8,
2021).
33
Centers for Medicare and Medicaid Services National Correct Coding Initiative Policy Manual for Medicare Services,
Current Procedural Terminology (CPT) Codes, Descriptions and Other Data: Ch. 11- CPT Codes 90000-99999, (Rev’d Jan.
1, 2021), available at https://www.cms.gov/Medicare/Coding/NationalCorrectCodInitEd (last visited Mar. 8, 2021). E/M
services for specific non-physician practitioners, i.e. nurse practitioner (NP), clinical nurse specialist (CNS) and certified
nurse midwife (CNM) whose Medicare benefit permits them to bill these services. A physician assistant (PA) may also
provide a physician service; however, the physician collaboration and general supervision rules as well as all billing rules,
apply to all the above non-physician practitioners. The service provided must be medically necessary and the service must be
within the scope of practice for a non-physician practitioner in the state in which he or she practices. Medicare, Medicaid, and
most private insurers will not pay for CPT evaluation and management codes billed by massage therapists, physical
therapists, or occupational therapists in independent practice.
BILL: CS/SB 352 Page 7
procedure or service provided by a health care provider.34 Some are informational and some can
enhance the amount of reimbursement as much as 110 percent to 150 percent. The federal
Centers for Medicare & Medicaid Services lists the following as some common billing
modifiers:
Modifier 25 = The medical provider performs a significant, separately identifiable evaluation
and management service on the same day of a procedure or other service;
Modifier 51 = Multiple procedures by the same provider at the same session; and
Modifier 59 = Linked services by the medical provider; providing two wholly-separate and
distinct services during the same treatment period.35
Under the current definition of massage practice in Florida, the use of CPT code modifiers in
billing Medicare, Medicaid, or private insurers for massage therapy is seldom necessary or
appropriate.36
III. Effect of Proposed Changes:
Massage Practice
CS/SB 352 makes multiple changes to statutes governing the practice of massage in Florida. The
bill:
Replaces the term “massage” with “massage therapy” throughout ch. 480, F.S.;
Specifies that massage therapy is a therapeutic health care practice;
Revises the legislative purpose for the necessity of regulating massage practice under ch.
480, F.S. Under current law, the Legislature recognizes the practice of massage as being
potentially dangerous to the public. Under the bill, the Legislature recognizes that
unregulated massage therapy poses a danger to the public;
Expands the scope of practice of massage therapy to include:
o Manipulation of the soft tissues of the human body with the knee; and
o “Massage therapy assessments,” defined as the massage therapist’s determination of the
course of a patient’s massage therapy treatment, for compensation; and
Makes technical and conforming changes.
Insurance and Health Maintenance Coverage of Massage Therapy
The bill replaces the term “massage” with “massage therapy” in the Florida Insurance Code.
Additionally, the bill provides an avenue for a massage therapist to bill health insurers and
HMOs for massage-related services that are not applicable under current law.
The bill’s expansion of a massage therapist’s scope of practice to include massage therapy
assessment, for compensation, for the determination of the course of a patient’s massage therapy
treatment, could have the effect of increasing costs borne by health insurers and HMOs that
cover massage therapy. Under the bill, massage therapists may seek payment from insurers and
HMOs using CPT billing codes 99201 through 99215 for initial assessment of a new patient and
for periodic reevaluation of preexisting patents.
34
Id. at Ch. I-E.
35
Id. See also, Center for Medicare and Medicaid Services, HCPCS Coding Questions: Do You Have A Coding Question?
https://www.cms.gov/Medicare/Coding/MedHCPCSGenInfo/HCPCS_Coding_Questions (last visited Mar. 8, 2021).
36
Ed Denning, supra note 30.
BILL: CS/SB 352 Page 8
The bill provides an effective date of July 1, 2021.
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:
The bill might result in increased costs borne by private health insurers and HMOs that
cover massage therapy services.
C. Government Sector Impact:
The bill might result in increased costs for massage therapy services under state group
health insurance, Medicaid,37 and the Children’s Health Insurance Program, to the extent
37
Massage therapy is not specified in the Florida Statutes as a benefit that Medicaid managed care plans must cover. See s.
409.973(1), F.S. However, the Agency for Health Care Administration (AHCA) requires such plans to provide medical
massage therapy services to enrollees diagnosed with AIDS, and who have had a history of an AIDS-related opportunistic
infection, for the treatment of peripheral neuropathy or severe neuromuscular pain and lymphedema. See, Agency for Health
Care Administration, 2018-2023 Model Health Plan Contract, p. 21 (Oct. 1, 2020) available at
https://ahca.myflorida.com/medicaid/statewide_mc/pdf/Contracts/2020-10-01/Exhibit_II_A_MMA-2020-10-01.pdf (last
visited Mar. 8, 2021). Medicaid managed care plans are also allowed to customize their benefit packages and offer additional
services beyond the minimum they are required to cover. See s. 409.973(2), F.S., Massage therapy has been approved by the
AHCA as an additional service that plans may offer, and, according to the AHCA, 14 Medicaid managed care plans are
currently covering massage therapy. See also, Agency for Health Care Administration, Florida Medicaid Health Plan
BILL: CS/SB 352 Page 9
massage therapy is covered and provided under those respective benefit packages. The
fiscal impact is indeterminate at this time.
The Department of Health cites a need to amend a majority of the rules in ch. 64B7 of the
Florida Administrative Code to update the term “massage” to “massage therapy,” in
accordance with the term’s replacement by this bill. The Department states that it will be
able to absorb any non-recurring cost associated with this rulemaking.38
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 480.031, 480.032,
480.033, 477.013, 477.0135, 477.0265, 480.034, 480.035, 480.041, 480.043, 480.046, 480.0465,
480.047, 480.052, 480.0535, 627.6407, 627.6619, 627.736, 641.31, and 823.05.
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 Health Policy on February 4, 2021:
The CS removes from the underlying bill the authorization for a massage therapist to
apply over-the-counter topical agents, or prescription topical agents prescribed by a third-
party health care practitioner, to the body of a massage client. The CS reverts to current
law regarding which substances may be applied to the human body by a massage
therapist.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Expanded Benefits, available at
https://ahca.myflorida.com/Medicaid/statewide_mc/pdf/mma/EB_by_Plan_October_2019.pdf (last visited Mar. 8, 2021).
38
Florida Department of Health, SB 352 Agency Analysis (Jan. 2021) (on file with the Senate Committee on Commerce and
Tourism).
Florida Senate - 2021 CS for SB 352 Florida Senate - 2021 CS for SB 352
By the Committee on Health Policy; and Senator Rodriguez
588-01986-21 2021352c1 588-01986-21 2021352c1
1 A bill to be entitled 30 the body. Massage therapy is a therapeutic health care practice,
2 An act relating to massage therapy; renaming ch. 480, 31 and regulations are necessary to protect the public from
3 F.S., as “Massage Therapy Practice”; amending s. 32 unqualified practitioners. It is therefore deemed necessary in
4 480.031, F.S.; revising a short title; amending s. 33 the interest of public health, safety, and welfare to regulate
5 480.032, F.S.; revising the purpose of ch. 480, F.S.; 34 the practice of massage therapy in this state and, therefore;
6 reordering and amending s. 480.033, F.S.; revising and 35 however, restrictions must shall be imposed to the extent
7 defining terms; amending ss. 477.013, 477.0135, 36 necessary to protect the public from significant and discernible
8 477.0265, 480.034, 480.035, 480.041, 480.043, 480.046, 37 danger to health and yet not in such a manner that does not
9 480.0465, 480.047, 480.052, 480.0535, 627.6407, 38 which will unreasonably affect the competitive market. Further,
10 627.6619, 627.736, 641.31, and 823.05, F.S.; 39 consumer protection for both health and economic matters must
11 conforming provisions to changes made by the act; 40 shall be afforded the public through legal remedies provided for
12 making technical changes; providing an effective date. 41 in this act.
13 42 Section 4. Section 480.033, Florida Statutes, is reordered
14 Be It Enacted by the Legislature of the State of Florida: 43 and amended to read:
15 44 480.033 Definitions.—As used in this act:
16 Section 1. Chapter 480, Florida Statutes, entitled “Massage 45 (2)(1) “Board” means the Board of Massage Therapy.
17 Practice,” is renamed “Massage Therapy Practice.” 46 (5)(2) “Department” means the Department of Health.
18 Section 2. Section 480.031, Florida Statutes, is amended to 47 (11)(3) “Massage therapy” means the manipulation of the
19 read: 48 soft tissues of the human body with the hand, foot, knee, arm,
20 480.031 Short title.—This act shall be known and may be 49 or elbow, regardless of whether or not such manipulation is
21 cited as the “Massage Therapy Practice Act.” 50 aided by hydrotherapy, including colonic irrigation, or thermal
22 Section 3. Section 480.032, Florida Statutes, is amended to 51 therapy; any electrical or mechanical device; or the application
23 read: 52 to the human body of a chemical or herbal preparation.
24 480.032 Purpose.—The Legislature recognizes that the 53 (10)(4) “Massage therapist” means a person licensed as
25 unregulated practice of massage therapy poses a danger is 54 required by this act, who performs administers massage therapy,
26 potentially dangerous to the public in that massage therapists 55 including massage therapy assessment, for compensation.
27 must have a knowledge of anatomy and physiology and an 56 (1)(5) “Apprentice” means a person approved by the board to
28 understanding of the relationship between the structure and the 57 study colonic irrigation under the instruction of a licensed
29 function of the tissues being treated and the total function of 58 massage therapist practicing colonic irrigation.
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59 (4)(6) “Colonic irrigation” means a method of hydrotherapy 88 the establishment.
60 used to cleanse the colon with the aid of a mechanical device 89 (12) “Massage therapy assessment” means the determination
61 and water. 90 of the course of massage therapy treatment.
62 (7) “Establishment” or “massage establishment” means a site 91 Section 5. Subsection (13) of section 477.013, Florida
63 or premises, or portion thereof, wherein a massage therapist 92 Statutes, is amended to read:
64 practices massage therapy. 93 477.013 Definitions.—As used in this chapter:
65 (9)(8) “Licensure” means the procedure by which a person, 94 (13) “Skin care services” means the treatment of the skin
66 hereinafter referred to as a “practitioner,” applies to the 95 of the body, other than the head, face, and scalp, by the use of
67 board for approval to practice massage therapy or to operate an 96 a sponge, brush, cloth, or similar device to apply or remove a
68 establishment. 97 chemical preparation or other substance, except that chemical
69 (3)(9) “Board-approved massage therapy school” means a 98 peels may be removed by peeling an applied preparation from the
70 facility that meets minimum standards for training and 99 skin by hand. Skin care services must be performed by a licensed
71 curriculum as determined by rule of the board and that is 100 cosmetologist or facial specialist within a licensed cosmetology
72 licensed by the Department of Education pursuant to chapter 1005 101 or specialty salon, and such services may not involve massage
73 or the equivalent licensing authority of another state or is 102 therapy, as defined in s. 480.033 s. 480.033(3), through
74 within the public school system of this state or a college or 103 manipulation of the superficial tissue.
75 university that is eligible to participate in the William L. 104 Section 6. Paragraph (a) of subsection (1) of section
76 Boyd, IV, Effective Access to Student Education Grant Program. 105 477.0135, Florida Statutes, is amended to read:
77 (8)(10) “Establishment owner” means a person who has 106 477.0135 Exemptions.—
78 ownership interest in a massage establishment. The term includes 107 (1) This chapter does not apply to the following persons
79 an individual who holds a massage establishment license, a 108 when practicing pursuant to their professional or occupational
80 general partner of a partnership, an owner or officer of a 109 responsibilities and duties:
81 corporation, and a member of a limited liability company and its 110 (a) Persons authorized under the laws of this state to
82 subsidiaries who holds a massage establishment license. 111 practice medicine, surgery, osteopathic medicine, chiropractic
83 (6)(11) “Designated establishment manager” means a massage 112 medicine, massage therapy, naturopathy, or podiatric medicine.
84 therapist who holds a clear and active license without 113 Section 7. Paragraph (f) of subsection (1) of section
85 restriction, who is responsible for the operation of a massage 114 477.0265, Florida Statutes, is amended to read:
86 establishment in accordance with the provisions of this chapter, 115 477.0265 Prohibited acts.—
87 and who is designated the manager by the rules or practices at 116 (1) It is unlawful for any person to:
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117 (f) Advertise or imply that skin care services, as 146 endorsement.—
118 performed under this chapter, have any relationship to the 147 (1) Any person is qualified for licensure as a massage
119 practice of massage therapy as defined in s. 480.033 s. 148 therapist under this act who meets all of the following
120 480.033(3), except those practices or activities defined in s. 149 requirements:
121 477.013. 150 (a) Is at least 18 years of age or has received a high
122 Section 8. Subsection (4) of section 480.034, Florida 151 school diploma or high school equivalency diploma.;
123 Statutes, is amended to read: 152 (b) Has completed a course of study at a board-approved
124 480.034 Exemptions.— 153 massage therapy school that meets standards adopted by the
125 (4) An exemption granted is effective to the extent that an 154 board.; and
126 exempted person’s practice or profession overlaps with the 155 (c) Has received a passing grade on a national examination
127 practice of massage therapy. 156 designated by the board.
128 Section 9. Subsection (2) of section 480.035, Florida 157 (4) Upon an applicant’s passing the examination and paying
129 Statutes, is amended to read: 158 the initial licensure fee, the department shall issue to the
130 480.035 Board of Massage Therapy.— 159 applicant a license, valid until the next scheduled renewal
131 (2) Five members of the board shall be licensed massage 160 date, to practice massage therapy.
132 therapists and shall have been engaged in the practice of 161 (5) The board shall adopt rules:
133 massage therapy for not less than 5 consecutive years prior to 162 (b) Providing for educational standards, examination, and
134 the date of appointment to the board. The Governor shall appoint 163 certification for the practice of colonic irrigation, as defined
135 each member for a term of 4 years. Two members of the board 164 in s. 480.033 s. 480.033(6), by massage therapists.
136 shall be laypersons. Each board member shall be a high school 165 Section 11. Subsection (14) of section 480.043, Florida
137 graduate or shall have received a high school equivalency 166 Statutes, is amended to read:
138 diploma. Each board member shall be a citizen of the United 167 480.043 Massage establishments; requisites; licensure;
139 States and a resident of this state for not less than 5 years. 168 inspection; human trafficking awareness training and policies.—
140 The appointments are will be subject to confirmation by the 169 (14) Except for the requirements of subsection (13), this
141 Senate. 170 section does not apply to a physician licensed under chapter
142 Section 10. Subsections (1) and (4) and paragraph (b) of 171 457, chapter 458, chapter 459, or chapter 460 who employs a
143 subsection (5) of section 480.041, Florida Statutes, are amended 172 licensed massage therapist to perform massage therapy on the
144 to read: 173 physician’s patients at the physician’s place of practice. This
145 480.041 Massage therapists; qualifications; licensure; 174 subsection does not restrict investigations by the department
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175 for violations of chapter 456 or this chapter. 204 probable cause, may authority to compel a massage therapist to
176 Section 12. Paragraphs (a), (b), (c), (f) through (i), and 205 submit to a mental or physical examination by physicians
177 (o) of subsection (1) of section 480.046, Florida Statutes, are 206 designated by the department. Failure of a massage therapist to
178 amended to read: 207 submit to such examination when so directed, unless the failure
179 480.046 Grounds for disciplinary action by the board.— 208 was due to circumstances beyond her or his control, constitutes
180 (1) The following acts constitute grounds for denial of a 209 shall constitute an admission of the allegations against her or
181 license or disciplinary action, as specified in s. 456.072(2): 210 him, consequent upon which a default and final order may be
182 (a) Attempting to procure a license to practice massage 211 entered without the taking of testimony or presentation of
183 therapy by bribery or fraudulent misrepresentation. 212 evidence. A massage therapist affected under this paragraph
184 (b) Having a license to practice massage therapy revoked, 213 shall at reasonable intervals be afforded an opportunity to
185 suspended, or otherwise acted against, including the denial of 214 demonstrate that she or he can resume the competent practice of
186 licensure, by the licensing authority of another state, 215 massage therapy with reasonable skill and safety to clients.
187 territory, or country. 216 (i) Gross or repeated malpractice or the failure to
188 (c) Being convicted or found guilty, regardless of 217 practice massage therapy with that level of care, skill, and
189 adjudication, of a crime in any jurisdiction which directly 218 treatment which is recognized by a reasonably prudent massage
190 relates to the practice of massage therapy or to the ability to 219 therapist as being acceptable under similar conditions and
191 practice massage therapy. Any plea of nolo contendere shall be 220 circumstances.
192 considered a conviction for purposes of this chapter. 221 (o) Practicing massage therapy at a site, location, or
193 (f) Aiding, assisting, procuring, or advising any 222 place which is not duly licensed as a massage establishment,
194 unlicensed person to practice massage therapy contrary to the 223 except that a massage therapist, as provided by rules adopted by
195 provisions of this chapter or to department or board a rule of 224 the board rule, may provide massage therapy services, excluding
196 the department or the board. 225 colonic irrigation, at the residence of a client, at the office
197 (g) Making deceptive, untrue, or fraudulent representations 226 of the client, at a sports event, at a convention, or at a trade
198 in the practice of massage therapy. 227 show.
199 (h) Being unable to practice massage therapy with 228 Section 13. Section 480.0465, Florida Statutes, is amended
200 reasonable skill and safety by reason of illness or use of 229 to read:
201 alcohol, drugs, narcotics, chemicals, or any other type of 230 480.0465 Advertisement.—Each massage therapist or massage
202 material or as a result of any mental or physical condition. In 231 establishment licensed under the provisions of this act shall
203 enforcing this paragraph, the department shall have, upon 232 include the number of the license in any advertisement of
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233 massage therapy services appearing in a newspaper, airwave 262 from enacting any regulation of persons or establishments not
234 transmission, telephone directory, or other advertising medium. 263 licensed pursuant to this act.
235 Pending licensure of a new massage establishment pursuant to the 264 Section 16. Subsections (1) and (2) of section 480.0535,
236 provisions of s. 480.043(7), the license number of a licensed 265 Florida Statutes, are amended to read:
237 massage therapist who is an owner or principal officer of the 266 480.0535 Documents required while working in a massage
238 establishment may be used in lieu of the license number for the 267 establishment.—
239 establishment. 268 (1) In order to provide the department and law enforcement
240 Section 14. Paragraphs (a), (b), and (c) of subsection (1) 269 agencies the means to more effectively identify, investigate,
241 of section 480.047, Florida Statutes, are amended to read: 270 and arrest persons engaging in human trafficking, a person
242 480.047 Penalties.— 271 employed by a massage establishment and any person performing
243 (1) It is unlawful for any person to: 272 massage therapy therein must immediately present, upon the
244 (a) Hold himself or herself out as a massage therapist or 273 request of an investigator of the department or a law
245 to practice massage therapy unless duly licensed under this 274 enforcement officer, valid government identification while in
246 chapter or unless otherwise specifically exempted from licensure 275 the establishment. Any of the following is a valid government
247 under this chapter. 276 identification for the purposes of this section is:
248 (b) Operate any massage establishment unless it has been 277 (a) A valid, unexpired driver license issued by any state,
249 duly licensed as provided herein, except that nothing herein 278 territory, or district of the United States.;
250 shall be construed to prevent the teaching of massage therapy in 279 (b) A valid, unexpired identification card issued by any
251 this state at a board-approved massage therapy school. 280 state, territory, or district of the United States.;
252 (c) Permit an employed person to practice massage therapy 281 (c) A valid, unexpired United States passport.;
253 unless duly licensed as provided herein. 282 (d) A naturalization certificate issued by the United
254 Section 15. Section 480.052, Florida Statutes, is amended 283 States Department of Homeland Security.;
255 to read: 284 (e) A valid, unexpired alien registration receipt card
256 480.052 Power of county or municipality to regulate massage 285 (green card).; or
257 therapy.—A county or municipality, within its jurisdiction, may 286 (f) A valid, unexpired employment authorization card issued
258 regulate persons and establishments licensed under this chapter. 287 by the United States Department of Homeland Security.
259 Such regulation may shall not exceed the powers of the state 288 (2) A person operating a massage establishment must:
260 under this act or be inconsistent with this act. This section 289 (a) Immediately present, upon the request of an
261 may shall not be construed to prohibit a county or municipality 290 investigator of the department or a law enforcement officer:
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291 1. Valid government identification while in the 320 treatments.
292 establishment. 321 Section 19. Paragraph (a) of subsection (1) of section
293 2. A copy of the documentation specified in paragraph 322 627.736, Florida Statutes, is amended to read:
294 (1)(a) for each employee and any person performing massage 323 627.736 Required personal injury protection benefits;
295 therapy in the establishment. 324 exclusions; priority; claims.—
296 (b) Ensure that each employee and any person performing 325 (1) REQUIRED BENEFITS.—An insurance policy complying with
297 massage therapy in the massage establishment is able to 326 the security requirements of s. 627.733 must provide personal
298 immediately present, upon the request of an investigator of the 327 injury protection to the named insured, relatives residing in
299 department or a law enforcement officer, valid government 328 the same household, persons operating the insured motor vehicle,
300 identification while in the establishment. 329 passengers in the motor vehicle, and other persons struck by the
301 Section 17. Section 627.6407, Florida Statutes, is amended 330 motor vehicle and suffering bodily injury while not an occupant
302 to read: 331 of a self-propelled vehicle, subject to subsection (2) and
303 627.6407 Massage.—Any policy of health insurance that 332 paragraph (4)(e), to a limit of $10,000 in medical and
304 provides coverage for massage shall also cover the services of 333 disability benefits and $5,000 in death benefits resulting from
305 persons licensed to practice massage therapy pursuant to chapter 334 bodily injury, sickness, disease, or death arising out of the
306 480, where the massage therapy, as defined in chapter 480, has 335 ownership, maintenance, or use of a motor vehicle as follows:
307 been prescribed by a physician licensed under chapter 458, 336 (a) Medical benefits.—Eighty percent of all reasonable
308 chapter 459, chapter 460, or chapter 461, as being medically 337 expenses for medically necessary medical, surgical, X-ray,
309 necessary and the prescription specifies the number of 338 dental, and rehabilitative services, including prosthetic
310 treatments. 339 devices and medically necessary ambulance, hospital, and nursing
311 Section 18. Section 627.6619, Florida Statutes, is amended 340 services if the individual receives initial services and care
312 to read: 341 pursuant to subparagraph 1. within 14 days after the motor
313 627.6619 Massage.—Any policy of health insurance that 342 vehicle accident. The medical benefits provide reimbursement
314 provides coverage for massage shall also cover the services of 343 only for:
315 persons licensed to practice massage therapy pursuant to chapter 344 1. Initial services and care that are lawfully provided,
316 480, where the massage therapy, as defined in chapter 480, has 345 supervised, ordered, or prescribed by a physician licensed under
317 been prescribed by a physician licensed under chapter 458, 346 chapter 458 or chapter 459, a dentist licensed under chapter
318 chapter 459, chapter 460, or chapter 461, as being medically 347 466, a chiropractic physician licensed under chapter 460, or an
319 necessary and the prescription specifies the number of 348 advanced practice registered nurse registered under s. 464.0123
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349 or that are provided in a hospital or in a facility that owns, 378 d. A physical therapist licensed under chapter 486, based
350 or is wholly owned by, a hospital. Initial services and care may 379 upon a referral by a provider described in this subparagraph.
351 also be provided by a person or entity licensed under part III 380 e. A health care clinic licensed under part X of chapter
352 of chapter 401 which provides emergency transportation and 381 400 which is accredited by an accrediting organization whose
353 treatment. 382 standards incorporate comparable regulations required by this
354 2. Upon referral by a provider described in subparagraph 383 state, or
355 1., followup services and care consistent with the underlying 384 (I) Has a medical director licensed under chapter 458,
356 medical diagnosis rendered pursuant to subparagraph 1. which may 385 chapter 459, or chapter 460;
357 be provided, supervised, ordered, or prescribed only by a 386 (II) Has been continuously licensed for more than 3 years
358 physician licensed under chapter 458 or chapter 459, a 387 or is a publicly traded corporation that issues securities
359 chiropractic physician licensed under chapter 460, a dentist 388 traded on an exchange registered with the United States
360 licensed under chapter 466, or an advanced practice registered 389 Securities and Exchange Commission as a national securities
361 nurse registered under s. 464.0123, or, to the extent permitted 390 exchange; and
362 by applicable law and under the supervision of such physician, 391 (III) Provides at least four of the following medical
363 osteopathic physician, chiropractic physician, or dentist, by a 392 specialties:
364 physician assistant licensed under chapter 458 or chapter 459 or 393 (A) General medicine.
365 an advanced practice registered nurse licensed under chapter 394 (B) Radiography.
366 464. Followup services and care may also be provided by the 395 (C) Orthopedic medicine.
367 following persons or entities: 396 (D) Physical medicine.
368 a. A hospital or ambulatory surgical center licensed under 397 (E) Physical therapy.
369 chapter 395. 398 (F) Physical rehabilitation.
370 b. An entity wholly owned by one or more physicians 399 (G) Prescribing or dispensing outpatient prescription
371 licensed under chapter 458 or chapter 459, chiropractic 400 medication.
372 physicians licensed under chapter 460, advanced practice 401 (H) Laboratory services.
373 registered nurses registered under s. 464.0123, or dentists 402 3. Reimbursement for services and care provided in
374 licensed under chapter 466 or by such practitioners and the 403 subparagraph 1. or subparagraph 2. up to $10,000 if a physician
375 spouse, parent, child, or sibling of such practitioners. 404 licensed under chapter 458 or chapter 459, a dentist licensed
376 c. An entity that owns or is wholly owned, directly or 405 under chapter 466, a physician assistant licensed under chapter
377 indirectly, by a hospital or hospitals. 406 458 or chapter 459, or an advanced practice registered nurse
Page 13 of 16 Page 14 of 16
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2021 CS for SB 352 Florida Senate - 2021 CS for SB 352
588-01986-21 2021352c1 588-01986-21 2021352c1
407 licensed under chapter 464 has determined that the injured 436 liability insurance coverage available through normal marketing
408 person had an emergency medical condition. 437 channels. An insurer writing motor vehicle liability insurance
409 4. Reimbursement for services and care provided in 438 in this state who fails to comply with such availability
410 subparagraph 1. or subparagraph 2. is limited to $2,500 if a 439 requirement as a general business practice violates part IX of
411 provider listed in subparagraph 1. or subparagraph 2. determines 440 chapter 626, and such violation constitutes an unfair method of
412 that the injured person did not have an emergency medical 441 competition or an unfair or deceptive act or practice involving
413 condition. 442 the business of insurance. An insurer committing such violation
414 5. Medical benefits do not include massage therapy as 443 is subject to the penalties provided under that part, as well as
415 defined in s. 480.033 or acupuncture as defined in s. 457.102, 444 those provided elsewhere in the insurance code.
416 regardless of the person, entity, or licensee providing massage 445 Section 20. Subsection (37) of section 641.31, Florida
417 therapy or acupuncture, and a licensed massage therapist or 446 Statutes, is amended to read:
418 licensed acupuncturist may not be reimbursed for medical 447 641.31 Health maintenance contracts.—
419 benefits under this section. 448 (37) All health maintenance contracts that provide coverage
420 6. The Financial Services Commission shall adopt by rule 449 for massage must also cover the services of persons licensed to
421 the form that must be used by an insurer and a health care 450 practice massage therapy pursuant to chapter 480 if the massage
422 provider specified in sub-subparagraph 2.b., sub-subparagraph 451 is prescribed by a contracted physician licensed under chapter
423 2.c., or sub-subparagraph 2.e. to document that the health care 452 458, chapter 459, chapter 460, or chapter 461 as medically
424 provider meets the criteria of this paragraph. Such rule must 453 necessary and the prescription specifies the number of
425 include a requirement for a sworn statement or affidavit. 454 treatments. Such massage services are subject to the same terms,
426 455 conditions, and limitations as those of other covered services.
427 Only insurers writing motor vehicle liability insurance in this 456 Section 21. Subsection (3) of section 823.05, Florida
428 state may provide the required benefits of this section, and 457 Statutes, is amended to read:
429 such insurer may not require the purchase of any other motor 458 823.05 Places and groups engaged in certain activities
430 vehicle coverage other than the purchase of property damage 459 declared a nuisance; abatement and enjoinment.—
431 liability coverage as required by s. 627.7275 as a condition for 460 (3) A massage establishment as defined in s. 480.033 s.
432 providing such benefits. Insurers may not require that property 461 480.033(7) which operates in violation of s. 480.0475 or s.
433 damage liability insurance in an amount greater than $10,000 be 462 480.0535(2) is declared a nuisance and may be abated or enjoined
434 purchased in conjunction with personal injury protection. Such 463 as provided in ss. 60.05 and 60.06.
435 insurers shall make benefits and required property damage 464 Section 22. This act shall take effect July 1, 2021.
Page 15 of 16 Page 16 of 16
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
Committee Agenda Request
To: Senator Ed Hooper, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: February 4, 2021
I respectfully request that Senate Bill 806, relating to Tax Exemption for Diapers and
Incontinence Products, be placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Thank you for your consideration.
Senator Lauren Book
Florida Senate, District 32
File signed original with committee office S-020 (03/2004)
The Florida Senate
APPEARANCE RECORD
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5B
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(The Chair will read this information into the record.)
Representing < lec oh Pa moi Cxt j DiBanb
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes
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Representing
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appearance record
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I | Information Waive Speaking j ln Support | | Against
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Representing ft w
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Representing oC zV lVv
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YOU MUST PRINT ND DELIVER THIS FO TO THE ASSIGNED TESTI ONY ROOM
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meeting. Thos who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
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2021 AGENCY LEGISLATIVE BILL ANALYSIS
DEPARTMENT OF REVENUE
BILL INFORMATION
BILL NUMBER: SB 806
BILL TITLE: Tax Exemption for Diapers and Incontinence Products
BILL SPONSOR: Senator Book
EFFECTIVE DATE: 01/01/2022
COMMITTEES OF REFERENCE
1) Commerce and Tourism
2) Finance and Tax
3) Appropriations
4)
5)
CURRENT COMMITTEE
Commerce and Tourism
SIMILAR BILLS
BILL NUMBER:
SPONSOR:
IDENTICAL BILLS
BILL NUMBER:
SPONSOR:
PREVIOUS LEGISLATION
YEAR/BILL NUMBER/SPONSOR/LAST ACTION:
2020 SB 54/ Senator Book/ Died in Finance and Tax
2020 HB 87/ Representative Mercado/ Died in Ways and Means Committee
2019 SB 60/ Senator Book/ Died in Appropriations
BILL ANALYSIS INFORMATION
DATE OF ANALYSIS: 02/12/2021
LEAD AGENCY ANALYST: Debbie Longman (850) 617-8324
SB 806
POLICY ANALYSIS
1. ANALYSIS OF EACH SECTION THAT AFFECTS THE DEPARTMENT OF REVENUE.
Section 1. Sales, rental, use, consumption, distribution, and storage tax; specified exemptions. (pp. 1-2):
PRESENT SITUATION
Tangible personal property is subject to sales and use tax, unless specifically exempt. Diapers and
incontinence products are currently taxable.
EFFECT OF THE BILL
The bill would exempt the sale for human use of diapers, incontinence undergarments, incontinence pads,
and incontinence liners from sales and use tax.
Section 2. (p. 2): Provides for an effective date of January 1, 2022.
2. DOES THE DEPARTMENT EXPECT TO DEVELOP, ADOPT, MODIFY OR ELIMINATE ANY RULES,
REGULATIONS, POLICIES, OR PROCEDURES? ☒ YES ☐ NO
If yes, explain: Updates will need to be made to the list of nontaxable medical items and
general grocery list, Form DR-46NT. Additionally, possible updates will need
to be made to the definition of personal hygiene products that are exempt
from tax.
Rule(s) impacted Rule 12A-1.020, F.A.C., Licensed Practitioners; Drugs, Medical Products
(provide references to and Supplies (definition of personal hygiene products)
F.A.C., etc.): Form DR-46NT incorporated by reference into Rule 12A-1.097, F.A.C.,
Public Use Forms
3. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER GROUPS? N/A
4. DOES THE BILL REQUIRE THE DEPARTMENT TO SUBMIT, MODIFY OR DELETE ANY REPORTS,
STUDIES OR PLANS? ☐ YES ☒ NO
If yes, provide a
description:
Date Due:
Bill Section Number(s):
5. ARE THERE ANY GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK
FORCES, COUNCILS, COMMISSIONS, ETC. REQUIRED BY THIS BILL? ☐ YES ☐ NO
Board:
Board Purpose:
Who Appoints:
Changes:
Bill Section Number(s):
2
SB 806
FISCAL ANALYSIS
6. DOES THE BILL HAVE A FISCAL IMPACT TO LOCAL GOVERNMENT? The Department of Revenue
does not conduct this analysis. The Revenue Estimating Conference will determine the revenue impact, if
any, to local governments.
7. DOES THE BILL HAVE A FISCAL IMPACT TO STATE GOVERNMENT?
Revenues: The Department of Revenue does not conduct this analysis. The Revenue
Estimating Conference will determine the revenue impact, if any, to state
government.
Expenditures:
(Department of ☐ NO IMPACT ☐ LESS THAN $25,000 ☒ MORE THAN $25,000
Revenue expenditures
☐ UNABLE TO DETERMINE ☐ OPERATIONAL IMPACT ONLY
and operational
impacts)
Does the legislation
contain an appropriation ☐ YES ☒ NO
to the Department?
8. DOES THE BILL HAVE A FISCAL IMPACT TO THE PRIVATE SECTOR? The Department of Revenue
does not conduct this analysis.
9. DOES THE BILL INCREASE OR DECREASE TAXES, FEES OR FINES? The Department of Revenue
does not conduct this analysis. The Revenue Estimating Conference will determine the revenue impact on
state and local government, if any.
TECHNOLOGY IMPACT
If any, see attached Fiscal Impact Analysis.
FEDERAL IMPACT
If any, see Additional Comments section below.
ADDITIONAL COMMENTS
10. STATUTE(S) AFFECTED: Section 212.08, F.S.
11. HAS BILL LANGUAGE BEEN ANALYZED EARLIER THIS SESSION? ☐ YES ☒ NO
If no, go to #12. If yes:
A. Identify bill number or source.
B. Were issues/problems identified? ☐ YES ☐ NO
a. If yes, have they been resolved? ☐ YES ☐ NO If no, briefly explain.
C. Are new issues/problems created? ☐ YES ☐ NO If yes, briefly identify.
3
SB 806
12. DOES THE BILL PRESENT DIFFICULTY IN IMPLEMENTATION, ADMINISTRATION OR
ENFORCEMENT? ☐ YES ☒ NO
If yes, describe administrative problems, technical errors, or other difficulties:
13. OTHER: None
4
2021
DEPARTMENT OF REVENUE
FISCAL IMPACT ANALYSIS
Bill number SB 806
Short title Tax Exemption for Diapers and Incontinence Products
Bill sponsor Senator Book
Date of Analysis: February 15, 2021
Agency Contact: Debbie Longman Telephone: (850) 617-8324
Estimate amounts required to administer the bill's provisions by appropriation categories (Salaries &
Benefits, OPS, Expenses, Operating Capital Outlay, etc.)
I. FISCAL IMPACT ON (FY 20-21) (FY 21-22) (FY 22-23) (FY 23-22)
STATE AGENCY: $ / FTE $ / FTE $ / FTE $ / FTE
A. REVENUES: All revenue estimates will be provided by the Revenue Estimating Conference.
B. EXPENDITURES:
1. Recurring $0 $0 $0 $0
FTE
Salaries
OPS
Expense
HR
Contract
Contracted
Services
2. Non-Recurring $0 $54,000 $0 $0
OPS
Expense $54,000
OCO
Contracted
Services
C. TOTAL: $0 $54,000 $0 $0
GR
TF
II. EXPLANATION OF COST ANALYSIS (Include methodology and assumptions):
The proposed bill provides an exemption from sales and use tax on the sale of diapers, incontinence
undergarments, incontinence pads, and incontinence liners for human use. Provides for an effective date
of January 1, 2022.
Page 2 of 2
Tax Information Publication (TIP): FY 21/22 - $54,000 (Non-Recurring)
A Tax Information Publication (TIP) will be sent to approximately 153,000 businesses advising of the new
sales tax exemption effective January 1, 2022. The estimated cost to print and mail the TIP is $54,000.
The TIP will also be posted to the Department’s TIP website.
III. Is an appropriation for the Department of Revenue provided in the bill? ☐ YES ☒ NO
If yes, provide amount(s) and fiscal year(s) for the appropriation.
IV. COMMENTS:
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 806
INTRODUCER: Senators Book and Stewart
SUBJECT: Tax Exemption for Diapers and Incontinence Products
DATE: March 8, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Reeve McKay CM Favorable
2. FT
3. AP
I. Summary:
SB 806 exempts the sale of diapers, incontinence undergarments, incontinence pads, and
incontinence liners from state sales and use tax.
The bill takes effect January 1, 2022.
II. Present Situation:
Florida Sales Tax
Florida levies a 6 percent sales and use tax on the sale or rental of most tangible personal
property,1 admissions,2 transient rentals,3 and a limited number of services. In addition to the 6
percent sales tax, Florida law authorizes counties to levy discretionary sales surtaxes.4 Sales tax
is added to the price of the taxable good or service and collected from the purchaser at the time
of sale. Sales tax receipts accounted for approximately 79 percent of the state’s General Revenue
in Fiscal Year 2019-2020.5
Chapter 212, F.S., contains provisions authorizing the levy and collection of Florida’s sales and
use tax, as well as the exemptions and credits applicable to certain items or uses under specified
circumstances. There are currently more than 270 exemptions, exclusions, deduction, and credits
from sales and use tax.6
1
Section 212.05(1)(a)1.a, F.S.
2
Section 212.04(b), F.S.
3
Section 212.03(1)(a), F.S.
4
Section 212.055, F.S.
5
Office of Economic and Demographic Research, Florida Tax Handbook, 16 (2020), available at
http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2020.pdf (last visited Mar. 8, 2021).
6
Id. at 166-171.
BILL: SB 806 Page 2
Medical products and supplies considered necessary to human health are among the items
exempt from sales and use tax.7 Such products and supplies include ostomy pouches, catheters,
and mastectomy pads. Common household remedies used in the cure, mitigation, treatment, or
prevention of illness or disease, such as alcohol wipes, bandages, and gauze, are also exempt
from sales and use tax. Certain products relating to infants are also exempt, including baby food,
formulas, and teething lotion.8
Diapers are not currently exempt from sales and use tax in Florida. However, diapers for children
and adults, diaper bags, and diaper inserts have been temporarily exempt from sales tax during
sales tax holidays, most recently in 2020.9
Other States
Of the 45 states that impose a sales tax,10 California, Connecticut, Massachusetts, Minnesota,
New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the District of Columbia do
not subject the sale of diapers to state sales tax.11 Maryland and North Dakota exempt diapers
used for incontinence, but not baby diapers.12
III. Effect of Proposed Changes:
The bill creates s. 212.08(7)(ppp), F.S., to exempt diapers, incontinence undergarments,
incontinence pads, and incontinence liners from state sales and use tax.
The bill takes effect January 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18 of the Florida Constitution governs laws that require counties and
municipalities to spend funds, limit the ability of counties and municipalities to raise
revenue, or reduce the percentage of state tax shared with counties and municipalities.
Subsection (b) of s. 18, Art. VII of the Florida Constitution provides that except upon
approval of each house of the Legislature by two-thirds vote of the membership, the
7
Section 212.08(2)(a), F.S.
8
The Department of Business and Professional Regulation is responsible for prescribing and approving a list of common
household remedies, which is then certified by the Department of Revenue. See Department of Revenue, Nontaxable Medical
Items and Grocery List, available at https://floridarevenue.com/Forms_library/current/dr46nt.pdf (last visited Mar. 8, 2021).
9
Department of Revenue, 2020 Back-to-School Sales Tax Holiday Tax Information Publication, available at
https://revenuelaw.floridarevenue.com/LawLibraryDocuments/2020/06/TIP-123084_TIP_20A01-04_FINAL_RLL.pdf (last
visited Mar. 8, 2021).
10
Alaska, Delaware, Montana, New Hampshire, and Oregon do not levy a state sales tax. See Tax Foundation, State and
Local Sales Tax Rates (2020), available at https://files.taxfoundation.org/20200115132659/State-and-Local-Sales-Tax-Rates-
2020.pdf (last visited Mar. 8, 2021).
11
National Diaper Bank Network, Sales Tax on Diaper Purchases by State, available at
https://nationaldiaperbanknetwork.org/state-issues/ (last visited Mar. 8, 2021).
12
Id.
BILL: SB 806 Page 3
legislature may not enact, amend, or repeal any general law if the anticipated effect of
doing so would be to reduce the authority that municipalities or counties have to raise
revenue in the aggregate, as such authority existed on February 1, 1989. However, the
mandates requirements do not apply to laws having an insignificant impact,13, 14 which is
$2.1 million or less for Fiscal Year 2020-2021.15
The Revenue Estimating Conference has not yet estimated the fiscal impact of this bill,
but determined that a previous year’s bill with identical language would reduce local
option surtax revenue by $3.7 million in the first fiscal year after adoption, with an $8.8
million recurring reduction.16 Therefore, the bill may have a significant impact on local
governments and the mandate provisions may apply.
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:
The Revenue Estimating Conference has not yet estimated the fiscal impact of the bill,
but determined that a previous year’s bill with identical language would reduce General
Revenue Fund receipts by $20 million in the first fiscal year after adoption, with a $48.2
million recurring reduction.17
13
FLA. CONST. art. VII, s. 18(d).
14
An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year
multiplied by $0.10. See Florida Senate Committee on Community Affairs, Interim Report 2012-115: Insignificant Impact,
(September 2011), available at http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last
visited Mar. 8, 2021).
15
Based on the Demographic Estimating Conference’s population adopted on November 13, 2020. The conference packet is
available at http://edr.state.fl.us/Content/conferences/population/ConferenceResults.pdf (last visited Mar. 8, 2021).
16
Office of Economic and Demographic Research, Revenue Estimating Conference Report: Sales Tax Exemption for Diapers
and Incontinence Products (2019), available at
http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2019/_pdf/page11-13.pdf (last visited Mar. 8, 2021).
17
Id.
BILL: SB 806 Page 4
B. Private Sector Impact:
Individuals will see a reduction in the cost of purchasing diapers and incontinence
products. Daycare providers, diaper service providers, hospitals, and other businesses will
also see a reduction in the cost of diapers and incontinence products.
C. Government Sector Impact:
The Department of Revenue estimates that they will incur a cost associated with printing
and mailing a Tax Information Publication (TIP) to businesses advising of the new sales
tax exemption. The estimated cost to print and mail the TIP is $54,000.18
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 212.08 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.
18
Department of Revenue, SB 806, 2021 Agency Legislative Bill Analysis (on file with the Committee on Commerce and
Tourism).
Florida Senate - 2021 SB 806 Florida Senate - 2021 SB 806
By Senator Book
32-00537-21 2021806__ 32-00537-21 2021806__
1 A bill to be entitled 30 required by the department. Eligible purchases or leases made
2 An act relating to a tax exemption for diapers and 31 with such a certificate must be in strict compliance with this
3 incontinence products; amending s. 212.08, F.S.; 32 subsection and departmental rules, and any person who makes an
4 exempting the sale for human use of diapers, 33 exempt purchase with a certificate that is not in strict
5 incontinence undergarments, incontinence pads, or 34 compliance with this subsection and the rules is liable for and
6 incontinence liners from the sales and use tax; 35 shall pay the tax. The department may adopt rules to administer
7 providing an effective date. 36 this subsection.
8 37 (ppp) Diapers and incontinence products.—The sale for human
9 Be It Enacted by the Legislature of the State of Florida: 38 use of diapers, incontinence undergarments, incontinence pads,
10 39 or incontinence liners is exempt from the tax imposed by this
11 Section 1. Paragraph (ppp) is added to subsection (7) of 40 chapter.
12 section 212.08, Florida Statutes, to read: 41 Section 2. This act shall take effect January 1, 2022.
13 212.08 Sales, rental, use, consumption, distribution, and
14 storage tax; specified exemptions.—The sale at retail, the
15 rental, the use, the consumption, the distribution, and the
16 storage to be used or consumed in this state of the following
17 are hereby specifically exempt from the tax imposed by this
18 chapter.
19 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
20 entity by this chapter do not inure to any transaction that is
21 otherwise taxable under this chapter when payment is made by a
22 representative or employee of the entity by any means,
23 including, but not limited to, cash, check, or credit card, even
24 when that representative or employee is subsequently reimbursed
25 by the entity. In addition, exemptions provided to any entity by
26 this subsection do not inure to any transaction that is
27 otherwise taxable under this chapter unless the entity has
28 obtained a sales tax exemption certificate from the department
29 or the entity obtains or provides other documentation as
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
COMMITTEES:
Tallahassee, Florida 32399-1100 Appropriations Subcommittee on Transportation,
Tourism, and Economic Development, Chair
Appropriations
Appropriations Subcommittee on Criminal
and Civil Justice
Criminal Justice
Ethics and Elections
Transportation
SENATOR GEORGE B. GAINER
2nd District
February 13, 2021
Re: SB 968
Dear Chair Hooper,
I am respectfully requesting Senate Bill 968, related to Public Records/Economic Development
Agency, be placed on the agenda for the next meeting of the Committee on Commerce and
Tourism
I appreciate your consideration of this bill. If there are any questions or concerns, please do not
hesitate to call my office at (850) 487-5002.
Thank you,
Senator George Gainer
District 2
Cc: Todd McKay, Kathryn Vigrass, Brian Flaherty, Mari Riba, Charles Smith
REPLY TO:
840 West 11th Street, Panama City, Florida 32401 (850) 747-5454
Northwest Florida State College, 100 East College Boulevard, Building 330, Rooms 105 and 112, Niceville, Florida 32578 (850) 747-5454
408 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5002
Senate’s Website: www.flsenate.gov
WILTON SIMPSON AARON BEAN
President of the Senate President Pro Tempore
YOU MUST PRINT AND DELIVER THIS FOR TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
03/09/2021 APPEARANCE RECORD SB 968
Meeting Date Bill Number (if applicable)
Topic S 968 - Publ c Records/ Economic Development Agency Amendment Barcode (if applicable)
Name Schrader
Job Title Director of Legislative and Cabinet Affairs, DEO
Address 107 Madison Street, Caldwell Building Phone (850) 245-7116
Street
Tallahassee FL 32399 Email J°hn.Schrader@deo.myflorida.com
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Flor da Department of Economic Opportun ty
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 pa t 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: SB 968
INTRODUCER: Senator Gainer
SUBJECT: Public Records/Economic Development Agency
DATE: March 8, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Reeve McKay CM Favorable
2. GO
3. RC
I. Summary:
SB 968 creates a public records exemption for certain identifying information held by an
economic development agency, including the Department of Economic Opportunity, pursuant to
the administration of a state or federally funded small business loan program.
The bill provides for the automatic repeal of the public records exemption on October 2, 2026,
unless reenacted by the Legislature under the Open Government Sunset Review Act.
The bill takes effect July 1, 2021.
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, section 11.0431,
Florida Statutes (F.S.), provides public access requirements for legislative records. Relevant
exemptions are codified in s. 11.0431(2)-(3), F.S., and the statutory provisions are adopted in the
1
FLA. CONST. art. I, s. 24(a).
2
Id.
BILL: SB 968 Page 2
rules of each house of the legislature.3 Florida Rule of Judicial Administration 2.420 governs
public access to judicial branch records.4 Lastly, chapter 119, F.S., provides requirements for
public records held by executive agencies.
Executive Agency Records – The Public Records Act
Chapter 119, F.S., known as the Public Records Act, provides that all state, county, and
municipal records are open for personal inspection and copying by any person, and that
providing access to public records is a duty of each agency.5
A public record includes virtually any document or recording, regardless of its physical form or
how it may be transmitted.6 The Florida Supreme Court has interpreted the statutory definition of
“public record” to include “material prepared in connection with official agency business which
is intended to perpetuate, communicate, or formalize knowledge of some type.”7
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.8 A violation of the Public Records Act may result in civil or
criminal liability.9
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.10 The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.11
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2018-2020) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 2, (2018-2020)
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
6
Section 119.011(12), F.S., defines “public record” to mean “all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means
of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by
any agency.”
7
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
8
Section 119.07(1)(a), F.S.
9
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
10
FLA. CONST. art. I, s. 24(c).
11
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
BILL: SB 968 Page 3
General exemptions from the public records requirements are contained in the Public Records
Act.12 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.13
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” Custodians of records designated as “exempt” are not prohibited
from disclosing the record; rather, the exemption means that the custodian cannot be compelled
to disclose the record.14 Custodians of records designated as “confidential and exempt” may not
disclose the record except under circumstances specifically defined by the Legislature.15
Open Government Sunset Review Act
The Open Government Sunset Review Act16 (the Act) prescribes a legislative review process for
newly created or substantially amended17 public records or open meetings exemptions, with
specified exceptions.18 It requires the automatic repeal of such exemption on October 2nd of the
fifth year after creation or substantial amendment, unless the Legislature reenacts the
exemption.19
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.20
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;21
It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;22 or
It protects information of a confidential nature concerning entities, such as trade or business
secrets.23
12
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
13
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
14
See Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991).
15
WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48 (Fla. 5th DCA 2004).
16
Section 119.15, F.S.
17
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
18
Section 119.15(2)(a) and (b), F.S., provide that exemptions that are required by federal law or are applicable solely to the
Legislature or the State Court System are not subject to the Open Government Sunset Review Act.
19
Section 119.15(3), F.S.
20
Section 119.15(6)(b), F.S.
21
Section 119.15(6)(b)1., F.S.
22
Section 119.15(6)(b)2., F.S.
23
Section 119.15(6)(b)3., F.S.
BILL: SB 968 Page 4
The Act also requires specified questions to be considered during the review process.24 In
examining an exemption, the Act directs the Legislature to carefully question the purpose and
necessity of reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.25 If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to sunset, the previously
exempt records will remain exempt unless provided for by law.26
Economic Development Agencies
Section 288.075, F.S., defines an “economic development agency” as:
The Department of Economic Opportunity;
Any industrial development authority created in accordance with part III of chapter 159 of
the Florida Statutes, or by special law;
Space Florida;
The public economic development agency of a county or municipality;
Any research and development authority created in accordance of part v of chapter 159 of the
Florida Statutes; or
Any private agency, person, partnership, corporation, or business entity authorized by the
state, a municipality, or a county to promote the general business or industrial interests of the
state or that municipality or county (e.g. Enterprise Florida, Inc.27).
Small Business Loan Programs
The Department of Economic Opportunity administers a number of state and federally funded
small business loan programs, including:28
Small Business Emergency Bridge Loan Program;
Rebuild Florida Business Loan Fund;
Rural Community Development Revolving Loan Program;
Small Business Loan Program;
Microfinance Guarantee Program; and
Black Business Loan Program.
24
Section 119.15(6)(a), F.S. The specified questions are:
What specific records or meetings are affected by the exemption?
Whom does the exemption uniquely affect, as opposed to the general public?
What is the identifiable public purpose or goal of the exemption?
Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
Is the record or meeting protected by another exemption?
Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
25
See generally s. 119.15, F.S.
26
Section 119.15(7), F.S.
27
See s. 288.901, F.S.
28
Department of Economic Opportunity, Small and Minority Business Programs¸ available at
https://floridajobs.org/community-planning-and-development/Small-and-Minority-Business-Development-Resources/Small-
and-Minority-Business-Programs (last visited Mar. 8, 2021).
BILL: SB 968 Page 5
Existing Public Records Exemptions for Economic Development Agencies
Section 288.075, F.S., provides for a number of temporary public records exemptions for
information held by an economic development agency, including:
Information concerning a corporation’s plans to relocate or expand any of its business
activities in the state, for 12 months after the date an economic development agency receives
a request for confidentiality or until the information is otherwise disclosed;
Proprietary confidential business information, until the information becomes publicly
available or is no longer treated by the proprietor as confidential; and
Specific sales, employee wage, and tax information the administration of an economic
incentive program for qualified businesses, for the duration of the incentive agreement or
upon termination of the agreement.
Trade secrets, federal employer identification numbers, reemployment assistance account
numbers, and Florida sales tax registration numbers are permanently exempt from public
records.29
An employee of an economic development agency who violates the provisions of s. 288.075,
F.S., commits a second degree misdemeanor, punishable by a maximum penalty of 60 days in
jail or a $500 fine.30
III. Effect of Proposed Changes:
Section 1 exempts certain information held by an economic development agency pursuant to its
administration of a state or federally funded small business loan program from inspection by the
public. Specifically, the bill exempts:
The home address, telephone number, and e-mail address of a person who submits an
application for a loan on behalf of a business;
Tax returns;
Bank and financial statements; and
Credit history information, credit reports, and credit scores.
The bill does not prohibit the disclosure of such exempt information in an aggregated and
anonymized format.
The public records exemption is subject to the Open Government Sunset Review Act and will be
repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the
Legislature.
Section 2 provides a public necessity statement. Economic development agencies may obtain
sensitive locating and identifying information about borrowers that, if released, could be used by
fraudulent contractors, predatory lenders, thieves, or individuals seeking to impose on the
borrower. The statement specifies that the public records exemption is necessary to ensure
borrowers are not harassed, intimidated, or potentially defrauded.
29
Sections 288.075(3) and (5), F.S.
30
Section 288.075(7), F.S.
BILL: SB 968 Page 6
Section 3 provides an effective date of July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
public records requirements. This bill creates a new public records exemption, thus the
bill requires an extraordinary vote for enactment.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records requirements to state with specificity the public necessity
justifying the exemption. This bill creates a new public records exemption, thus the bill
contains a statement of public necessity.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution requires an exemption to the public records
requirements to be no broader than necessary to accomplish the stated purpose of the law.
This bill creates a public records exemption for certain information held by an economic
development agency pursuant to its administration of a state or federally funded small
business loan program. The exemption does not appear to be broader than necessary to
accomplish the purpose of the law.
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.
BILL: SB 968 Page 7
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 288.075 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.
Florida Senate - 2021 SB 968 Florida Senate - 2021 SB 968
By Senator Gainer
2-00919-21 2021968__ 2-00919-21 2021968__
1 A bill to be entitled 30 (b) This section does not prohibit the disclosure of
2 An act relating to public records; amending s. 31 information held by an economic development agency pursuant to
3 288.075, F.S.; providing an exemption from public 32 its administration of a small business loan program in an
4 records requirements for certain information held by 33 aggregated and anonymized format.
5 an economic development agency; providing that such 34 (c) This subsection is subject to the Open Government
6 information may be released in an aggregated and 35 Sunset Review Act in accordance with s. 119.15 and shall stand
7 anonymized format; providing for future legislative 36 repealed on October 2, 2026, unless reviewed and saved from
8 review and repeal of the exemption; providing a 37 repeal through reenactment by the Legislature.
9 statement of public necessity; providing an effective 38 Section 2. The Legislature finds that it is a public
10 date. 39 necessity that the home address, telephone number, and e-mail
11 40 address of a person who submits an application for a loan on
12 Be It Enacted by the Legislature of the State of Florida: 41 behalf of a business; tax returns; bank and financial
13 42 statements; and credit history information, credit reports, and
14 Section 1. Present subsection (7) of section 288.075, 43 credit scores held by an economic development agency pursuant to
15 Florida Statutes, is redesignated as subsection (8), and a new 44 its administration of any state or federally funded small
16 subsection (7) is added to that section, to read: 45 business loan program be made exempt from s. 119.07(1), Florida
17 288.075 Confidentiality of records.— 46 Statutes, and s. 24(a), Article I of the State Constitution. In
18 (7) LOAN PROGRAMS.— 47 order to process and disburse loan funds, an economic
19 (a) The following information held by an economic 48 development agency may obtain sensitive information needed to
20 development agency pursuant to its administration of a state or 49 assess viability of loans. This information may be used to
21 federally funded small business loan program is exempt from s. 50 locate and identify and contact the borrower. If released,
22 119.07(1) and s. 24(a), Art. I of the State Constitution: 51 locating and identifying information could be used by fraudulent
23 1. The home address, telephone number, and e-mail address 52 contractors, predatory lenders, thieves, or individuals seeking
24 of a person who submits an application for a loan on behalf of a 53 to impose on the borrower. Therefore, it is necessary that
25 business. 54 certain information held by an economic development agency
26 2. Tax returns. 55 pursuant to its administration of any state or federally funded
27 3. Bank and financial statements. 56 small business loan program be protected to ensure that
28 4. Credit history information, credit reports, and credit 57 borrowers are not harassed, intimidated, or potentially
29 scores. 58 defrauded.
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 - 2021 SB 968
2-00919-21 2021968__
59 Section 3. This act shall take effect July 1, 2021.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
February 24, 2021
Agency Affected: Dept. of Agriculture and Consumer Services Telephone: 850-617-7000
Agency Contact: Emily Buckley, Legislative Affairs Director Telephone: 850-617-7700
Senate Bill Number: 1120 Senate Bill Sponsor: Senator Gibson
Bill Title: Commercial Telephone Solicitation
Effective Date: July 1, 2021
Similar Bill(s): Yes No
Similar Bill(s):
Identical Bill: Yes No
Identical Bill: HB 857: Commercial Telephone Solicitation by Rep. Morales
1. SUMMARY
SB 1120 would amend s. 501.616(6), F.S., to prohibit commercial telephone sellers and
salespersons from making calls before 8 a.m. or after 8 p.m. in the call recipient’s time
zone. It would also prohibit making more than three commercial telephone solicitation calls
to the same person regarding the same subject matter within any 24-hour period. In
addition, the law would be revised to clarify that both of the aforementioned prohibitions
apply to calls made using automated dialers or recorded messages. Section 501.604,
F.S., would be reenacted (without revision) to incorporate those amendments.
2. PRESENT SITUATION
Under existing law, commercial telephone solicitation calls may be made from 8 a.m. to 9
p.m., and there is no limit to the number of calls that may be lawfully placed by the same
caller to the same phone number regarding the same subject in a single day.
Currently, the introductory language of s. 501.616(6), F.S., does not explicitly include
reference to the use of automated dialers or recorded messages when establishing
specific prohibitions.
3. EFFECT OF PROPOSED CHANGES
The number of hours during which commercial telephone solicitation calls may be made
will be reduced from thirteen (8 a.m. to 9 p.m.) to twelve (8 a.m. to 8 p.m.). A commercial
telephone seller or salesperson will be limited to three calls related to the same subject
matter to any given person during a 24-hour period; using different phone numbers to
make the calls will not affect this limitation.
The law will explicitly state that these limitations apply to calls made using automated
dialers or recorded messages.
4. FISCAL IMPACT ON FDACS
Currently, the Florida Department of Agriculture and Consumer Services is unable to
estimate a fiscal impact, if any, the proposed bill may have on the Department.
However, with the addition of another prohibited act, there may be an increase in the
number of complaints filed with and cases worked by the Department.
(FY 21-22) (FY 22-23) (FY 23-24)
Amount/ FTE Amount/ FTE Amount/ FTE
A. Revenues
Recurring
Non-Recurring
TOTAL REVENUES N/A N/A N/A
B. Expenditures
Recurring
Non-Recurring
TOTAL EXPENDITURES N/A N/A N/A
C. NET TOTAL N/A N/A N/A
5. IS THERE AN ESTIMATED FISCAL IMPACT ON LOCAL GOVERNMENT(s)?
No.
6. IS THERE AN ESTIMATED FISCAL IMPACT ON THE PRIVATE SECTOR?
Potentially. The number of hours during which calls may be lawfully made will be reduced
by one.
7. ARE THERE ESTIMATED TAXES, FEES, OR FINES ASSOCIATED WITH THE
PROPOSED BILL? (If yes, please explain the impact in A and/or B below)
A. Does the proposed bill create new or increase existing taxes, fees, or fines? If
so, please explain.
A new violation will be created, and an existing violation will be expanded. Both
violations are punishable through the imposition of existing fines.
B. Does the proposed bill repeal or decrease existing taxes, fees, or fines? If so,
please explain.
No.
C. DOES THE BILL DIRECT OR ALLOW THE DEPARTMENT TO DEVELOP,
ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES, OR
PROCEDURES?
a. Yes: No:
b. If yes please explain:
The Department’s rulemaking authority would be expanded to the extent
necessary to allow for the implementation of these statutory changes.
8. DOES THE PROPOSED BILL REQUIRE THE DEPARTMENT TO PARTICIPATE IN
OR PRODUCE ANY REPORTS OR STUDIES?
a. Yes: No:
b. If yes please explain:
9. ARE THERE ANY APPOINTMENTS, CREATION OF, OR CHANGES TO ANY
BOARDS, TASK FORCES, COUNCILS, COMMISSIONS, ETC. THAT WILL IMPACT
THE DEPARTMENT?
a. Yes: No:
b. If yes please explain:
LEGAL ISSUES
10. Does the proposed bill conflict with existing federal law or regulations that impact
the department? If so, what laws and/or regulations?
No.
11. Does the proposed bill raise significant constitutional concerns under the U.S. or
Florida Constitutions (e.g. separation of powers, access to the courts, equal
protection, free speech, establishment clause, impairment of contracts) that
impacts the department?
No.
12. Is the proposed bill likely to generate litigation for the department and, if so, from
what interest groups or parties?
Unknown.
COMMENTS:
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 1120
INTRODUCER: Senator Gibson
SUBJECT: Commercial Telephone Solicitation
DATE: March 8, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Harmsen McKay CM Favorable
2. RI
3. RC
I. Summary:
SB 1120 amends the Florida Telemarketing Act to prohibit a telephone seller or salesperson from
calling consumers outside of the hours between 8 a.m. and 8 p.m. of the consumer’s time zone
and prohibits telephone sellers and salespersons from contacting consumers on the same subject
matter more than three times in a 24-hour period. The bill also clarifies that calls made through
an automated dialer or recorded message are subject to the same prohibitions.
The bill takes effects on July 1, 2021.
II. Present Situation:
Unsolicited Phone Calls
Consumers are often inundated with unwanted calls. In fiscal year 2020, the Federal Trade
Commission (FTC) received 293,071 complaints from Florida consumers about unwanted
telephone calls.1 The Federal Communications Commission (FCC) reports that unwanted calls
constitute their top consumer complaint.2 Unwanted calls can come in many forms, including
robocalls, which use an autodialer3 and play a recorded message upon connection with the
consumer; spoofed calls, which transmit falsified information to a consumer’s caller ID to
disguise the solicitor’s identity; and unwanted telemarketing calls.
1
Federal Trade Commission, Do Not Call Data Book 2020, (Oct. 2020), available at
https://www.ftc.gov/system/files/documents/reports/national-do-not-call-registry-data-book-fiscal-year-
2020/dnc_data_book_2020.pdf (last visited Mar. 8, 2020).
2
Federal Communications Commission, Stop Unwanted Calls and Texts, (Mar. 2, 2021)
https://www.fcc.gov/consumers/guides/stop-unwanted-calls-and-texts (last visited Mar. 8, 2021).
3
An autodialer is equipment that has the capacity to produce or store phone numbers using a random or sequential number
generator, and to call those phone numbers. 47 U.S.C. § 227(a)(1).
BILL: SB 1120 Page 2
State and federal action is limited to combat these issues because there are legitimate and legal
uses of this technology. For example, a doctor’s office may legally use a robocall to remind one
of an upcoming appointment.4 Additionally, some solicitors act outside the scope of federal or
state enforcement authority.
Federal Law
Telephone Consumer Protection Act5
The Telephone Consumer Protection Act of 1991 (TCPA) protects U.S. consumers from
unwanted communications by restricting the use of autodialers, prerecorded sales messages, and
unsolicited sales calls, text messages, or faxes.
The TCPA prohibits telephone solicitations that:
Are made to residences before 8 am, and after 9 pm;
Fail to provide the consumer with the solicitor’s identity, including his or her true phone
number via caller identification service,6 and an opportunity to opt out of the current call, and
all future calls made by that solicitor;
Send artificial or pre-recorded messages to a residential line; and
Use an autodialer, artificial message, or pre-recorded messages to a cellular, emergency, or
hospital room line.
The TCPA grants a private right of action to pursue actual monetary damages or up to $500 per
violation.7 State attorneys general and the FCC also have jurisdiction to investigate and file civil
claims based on violations of the TCPA.8
The TCPA’s protections extend to text messaging in the same manner that they apply to
telephone calls.9
Federal Do Not Call Program10
The FTC, in concert with the FCC, administers the National Do Not Call Program.11 Telephone
solicitors may not contact a consumer who participates in the National Do Not Call Program,
unless the calls are:12
4
Federal Communication Commission, Consumer and Governmental Affairs Bureau, Report on Robocalls (Feb. 2019), CG
Docket No. 17-59, available at https://www.fcc.gov/document/fcc-issues-report-illegal-robocalls (last visited Mar. 8, 2021).
See also, Federal Communications Commission, Stop Unwanted Calls and Texts--Spoofing, (Mar. 2, 2021)
https://www.fcc.gov/consumers/guides/stop-unwanted-calls-and-texts (last visited Mar. 8, 2021).
5
47 U.S.C. § 227. See also, 47 CFR § 64.1200 (2012).
6
47 C.F.R. § 64.1601(e). See also, Federal Communications Commission, Public Notice: FCC’s Caller ID Rules for
Telemarketers Become Effective (Jan. 29, 2004) https://apps.fcc.gov/edocs_public/attachmatch/DA-04-206A1.pdf (last
visited Mar. 8, 2021).
7
47 U.S.C. § 227 (c)(5).
8
47 U.S.C. § 227 (f).
9
Federal Communications Commission, FCC Strengthens Consumer Protections Against Unwanted Calls and Texts (Jun.
18, 2015) https://apps.fcc.gov/edocs_public/attachmatch/DOC-333993A1.pdf (last visited Mar. 8, 2021).
10
See, 15 U.S.C. § 6101.
11
Federal Communications Commission, Stop Unwanted Calls and Texts—The National Do Not Call List, (Mar. 2, 2021)
https://www.fcc.gov/consumers/guides/stop-unwanted-calls-and-texts (last visited Mar. 8, 2021).
12
47 U.S.C. § 227(a)(4); See also, 47 C.F.R. § 64.1200 (2012).
BILL: SB 1120 Page 3
Made with a consumer’s prior, express permission;
Informational in nature, such as those made to convey a utility outage, school closing, or
flight information; or
Made by a tax-exempt organization.
Truth in Caller ID Act13
The Truth in Caller ID Act of 2009 protects consumers by making it unlawful for any person to
transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or
wrongfully obtain anything of value. The FCC investigates and prosecutes violations of the act
under its rules.14 The FCC has taken enforcement actions totaling $450 million in recent years
against telemarketers for call spoofing violations—of note, the FCC imposed its largest fine ever
against a Florida-based timeshare marketing operation.15
To protect individual privacy concerns, an individual caller may still request to hide his or her
phone number when making a call.16
Florida Law
Florida Telemarketing Act
The Florida Telemarketing Act (Telemarketing Act), part IV of ch. 501, F.S., requires
commercial telephone sellers (usually a business entity) and their individual salespersons to
obtain a license from the Department of Agriculture and Consumer Services (Department). An
applicant for licensure as a commercial telephone seller must submit, among other information:17
Its criminal, civil, and administrative disciplinary background;
All phone numbers from which the applicant will solicit business and the physical address at
which the phones will be located;
The script it will use during a solicitation, or any informational literature it will provide to a
consumer; and
A bond, letter of credit, or certificate of deposit to serve as security in any future case of
fraud, breach of contract, financial failure, or violation by the licensee.
As part of their licensure, individual salespersons (who are hired by commercial telephone sellers
to act as their salespersons) undergo a similar review of their criminal, civil, administrative or
regulatory disciplinary history, but they are not required to post a bond, letter of credit, or
certificate of deposit.18
13
47 U.S.C. § 227 (e).
14
See, 47 CFR § 64.
15
Federal Communications Commission, The FCC’s Push to Combat Robocalls & Spoofing: Major Fines Against Spoofers
https://www.fcc.gov/spoofed-robocalls (last visited Mar. 8, 2021). See also, Federal Communications Commission, FCC
Fines Massive Neighbor Spoofing Robocall Operation $120 Million (May 10, 2018) https://www.fcc.gov/document/fcc-
fines-massive-neighbor-spoofing-robocall-operation-120-million (last visited Mar. 8, 2021).
16
47 CFR § 64.1601
17
Section 501.605, F.S.
18
Section 501.607, F.S.
BILL: SB 1120 Page 4
Many solicitors are exempt from licensure under the Telemarketing Act, including religious,
charitable, political, or educational organizations that have a s. 501(c)(3) or (6) exemption from
the Internal Revenue Code; licensed securities, commodities, or investment brokers and dealers;
and newspaper or cable television sellers, among others.19
Licensed telephone sellers and solicitors must identify themselves to the consumer within 30
seconds of the beginning of the phone call.20 To ensure that the Department can conduct
thorough investigations, when needed, a licensed telephone seller must also maintain copies of
their business records for at least 2 years—including all of the names and telephone numbers that
they contacted.21
All telephone sellers and solicitors, whether exempt or not, are prohibited from calling
consumers outside of the hours of 8:00 a.m. and 9:00 p.m. of the called person’s local time.22
Additionally, all solicitors must allow their name or telephone number to be transmitted to the
consumer if the equipment they use is capable. This prevents solicitors from ‘spoofing’ a
different number or otherwise blocking their caller identification to induce a consumer to answer
the phone.23
Florida Do Not Call Act
The Department also administers the Florida Do Not Call Act (also called the “Do Not Call
List”), which prohibits unsolicited phone calls and text messages.24 Residents who do not wish to
receive sales calls may request to have their residential, mobile, or paging device telephone
number included on the Department’s list.25
A communication is unsolicited, and therefore prohibited under the Do Not Call List, unless the
contact is made:
At the consumer’s request;
By a charitable or political organization that is seeking donations;
As part of a survey, or for the purpose of research seeking an opinion;
In connection with an existing debt or contract for which payment is due; or
By a newspaper publisher, or his or her agent or employee, in connection with the publisher’s
business.
Section 501.059, F.S., further prohibits a telephone solicitor26 from calling, text messaging,
sending a direct voicemail transmission, or using automated telephone equipment to contact any
consumer who has previously communicated to the solicitor that he or she does not wish to
19
See, s. 501.604, F.S.
20
Section 501.613, F.S.
21
Section 501.6175, F.S.
22
Section 501.616(6); see also, s. 501.604, F.S., which provides a general exemption from the Telemarketing Act, “except ss.
501.608 and 501.616(6) and (7).”
23
Section 501.616(7), F.S.
24
See, s. 501.059, F.S. Florida Department of Agriculture and Consumer Services, Florida Do Not Call,
https://www.fdacs.gov/Consumer-Resources/Florida-Do-Not-Call (last visited Mar. 8, 2021).
25
Section 501.059(3)-(4), F.S.
26
Section 501.059(1)(f), defines a ‘telephone solicitor’ as a natural person or business that does business in this state by
making or causing to be made a telephone sales call.
BILL: SB 1120 Page 5
receive a telephone call, whether or not he or she is part of the Do Not Call List. However, this
prohibition applies only to calls made by or on behalf of a seller who offers goods or services or
a charity that solicits a charitable contribution.
A telephone solicitor who violates this provision is subject to a civil penalty with a maximum
fine of $10,000 per violation, or an administrative fine with a maximum of $1,000 per violation,
in addition to attorney’s fees and costs.27
III. Effect of Proposed Changes:
Section 1 amends s. 501.616(6), F.S., to limit the activities of telephone sellers and salespersons
by reducing the number of hours during which they may call consumers by one hour. Currently,
telephone sellers and salespersons may solicit between 8 a.m. and 9 p.m. local time in the
consumer’s location. The bill permits solicitations during 8 a.m. and 8 p.m. in the consumer’s
time zone.
The bill further prohibits telephone sellers and salespersons from calling a consumer more than
three times over a 24-hour period about the same subject matter. This prohibition applies,
regardless of the phone number a telephone seller or salesperson uses to call the consumer.
The bill also applies these prohibitions to a commercial telephone seller or salesperson’s use of
an automated dialer or recorded message.
These changes will apply to licensed telephone sellers and salespersons, and those entities who
solicit under the s. 501.604, F.S., licensure exemptions of the Telemarketing Act.
Sections 2 and 3 reenact ss. 501.604 and 648.44(1)(c), F.S., respectively, to incorporate the
changes made to s. 501.616, F.S.
Section 4 provides that the bill takes effect July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
27
Section 501.059(9), F.S.
BILL: SB 1120 Page 6
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.
C. Government Sector Impact:
The bill adds prohibited acts to the Florida Telemarketing Act. The department, as
enforcing authority of the Act, estimates that is may see an increase in consumer
complaints and prosecutions as a result; it also states that it will be required to expand its
rulemaking to allow for implementation of these changes. The Department states that this
may result in an indeterminate costs to the Department.28
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends s. 501.616, F.S., and reenacts ss. 501.604 and 648.44, F.S.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
28
Department of Agriculture and Consumer Services, SB 1120 Agency Analysis (Feb. 24, 2021) (on file with the Senate
Committee on Commerce and Tourism).
BILL: SB 1120 Page 7
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 - 2021 SB 1120 Florida Senate - 2021 SB 1120
By Senator Gibson
6-00624A-21 20211120__ 6-00624A-21 20211120__
1 A bill to be entitled 30 (a) A commercial telephone solicitation phone call before 8
2 An act relating to commercial telephone solicitation; 31 a.m. or after 8 9 p.m. local time in at the called person’s time
3 amending s. 501.616, F.S.; prohibiting a commercial 32 zone location.
4 telephone seller or salesperson from using automated 33 (b) More than three commercial telephone solicitation phone
5 dialing or recorded messages to make certain 34 calls from any number to a person over a 24-hour period on the
6 commercial telephone solicitation phone calls; 35 same subject matter or issue, regardless of the phone number
7 revising the timeframe during which a commercial 36 used to make the call.
8 telephone seller or salesperson may make commercial 37 Section 2. For the purpose of incorporating the amendment
9 solicitation phone calls; prohibiting commercial 38 made by this act to section 501.616, Florida Statutes, in a
10 telephone sellers or salespersons from making a 39 reference thereto, section 501.604, Florida Statutes, is
11 specified number of commercial telephone solicitation 40 reenacted to read:
12 phone calls to a person over a specified timeframe; 41 501.604 Exemptions.—The provisions of this part, except ss.
13 reenacting s. 501.604, F.S., relating to exemptions to 42 501.608 and 501.616(6) and (7), do not apply to:
14 the Florida Telemarketing Act, to incorporate the 43 (1) A person engaging in commercial telephone solicitation
15 amendment made to s. 501.616, F.S., in a reference 44 where the solicitation is an isolated transaction and not done
16 thereto; reenacting s. 648.44(1)(c), F.S., relating to 45 in the course of a pattern of repeated transactions of like
17 prohibitions regarding bail bond agent telephone 46 nature.
18 solicitations, to incorporate the amendment made to s. 47 (2) A person soliciting for religious, charitable,
19 501.616, F.S., in a reference thereto; providing an 48 political, or educational purposes. A person soliciting for
20 effective date. 49 other noncommercial purposes is exempt only if that person is
21 50 soliciting for a nonprofit corporation and if that corporation
22 Be It Enacted by the Legislature of the State of Florida: 51 is properly registered as such with the Secretary of State and
23 52 is included within the exemption of s. 501(c)(3) or (6) of the
24 Section 1. Subsection (6) of section 501.616, Florida 53 Internal Revenue Code.
25 Statutes, is amended to read: 54 (3) A person who does not make the major sales presentation
26 501.616 Unlawful acts and practices.— 55 during the telephone solicitation and who does not intend to,
27 (6) A commercial telephone seller or salesperson may not 56 and does not actually, complete or obtain provisional acceptance
28 make any of the following types of phone calls, including calls 57 of a sale during the telephone solicitation, but who makes the
29 made through automated dialing or recorded messages: 58 major sales presentation and completes the sale at a later face-
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59 to-face meeting between the seller and the prospective purchaser 88 arrangement:
60 in accordance with the home solicitation provisions in this 89 (a) Under which the seller provides the consumer with a
61 chapter. However, if a seller, directly following a telephone 90 form which the consumer may use to instruct the seller not to
62 solicitation, causes an individual whose primary purpose it is 91 ship the offered merchandise.
63 to go to the prospective purchaser to collect the payment or 92 (b) Which is regulated by the Federal Trade Commission
64 deliver any item purchased, this exemption does not apply. 93 trade regulation concerning “use of negative option plans by
65 (4) A licensed securities, commodities, or investment 94 sellers in commerce.”
66 broker, dealer, or investment adviser, when soliciting within 95 (c) Which provides for the sale of books, records, or
67 the scope of his or her license, or a licensed associated person 96 videos which are not covered under paragraph (a) or paragraph
68 of a securities, commodities, or investment broker, dealer, or 97 (b), including continuity plans, subscription arrangements,
69 investment adviser, when soliciting within the scope of his or 98 standing order arrangements, supplements, and series
70 her license. As used in this section, “licensed securities, 99 arrangements under which the seller periodically ships
71 commodities, or investment broker, dealer, or investment 100 merchandise to a consumer who has consented in advance to
72 adviser” means a person subject to license or registration as 101 receive such merchandise on a periodic basis.
73 such by the Securities and Exchange Commission, by the Financial 102 (7) A supervised financial institution or parent,
74 Industry Regulatory Authority or other self-regulatory 103 subsidiary, or affiliate thereof operating within the scope of
75 organization as defined by the Securities Exchange Act of 1934, 104 supervised activity. As used in this section, “supervised
76 15 U.S.C. s. 78l, or by an official or agency of this state or 105 financial institution” means a commercial bank, trust company,
77 of any state of the United States. As used in this section, 106 savings and loan association, mutual savings bank, credit union,
78 “licensed associated person of a securities, commodities, or 107 industrial loan company, consumer finance lender, commercial
79 investment broker, dealer, or investment adviser” means an 108 finance lender, or insurer, provided that the institution is
80 associated person registered or licensed by the Financial 109 subject to supervision by an official or agency of this state,
81 Industry Regulatory Authority or other self-regulatory 110 of any state, or of the United States. For the purposes of this
82 organization as defined by the Securities Exchange Act of 1934, 111 exemption, “affiliate” means a person who directly, or
83 15 U.S.C. s. 78l, or by an official or agency of this state or 112 indirectly through one or more intermediaries, controls or is
84 of any state of the United States. 113 controlled by, or is under common control with, a supervised
85 (5) A person primarily soliciting the sale of a newspaper 114 financial institution.
86 of general circulation. 115 (8) Any licensed insurance broker, agent, customer
87 (6) A book, video, or record club or contractual plan or 116 representative, or solicitor when soliciting within the scope of
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117 his or her license. As used in this section, “licensed insurance 146 150,000.
118 broker, agent, customer representative, or solicitor” means any 147 (12) A person who solicits contracts for the maintenance or
119 insurance broker, agent, customer representative, or solicitor 148 repair of goods previously purchased from the person making the
120 licensed by an official or agency of this state or of any state 149 solicitation or on whose behalf the solicitation is made.
121 of the United States. 150 (13) A commercial telephone seller licensed pursuant to
122 (9) A person soliciting the sale of services provided by a 151 chapter 516 or part III of chapter 520. For purposes of this
123 cable television system operating under authority of a franchise 152 exemption, the seller must solicit to sell a consumer good or
124 or permit. 153 service within the scope of his or her license and the completed
125 (10) A business-to-business sale where: 154 transaction must be subject to the provisions of chapter 516 or
126 (a) The commercial telephone seller has been lawfully 155 part III of chapter 520.
127 operating continuously for at least 3 years under the same 156 (14) A telephone company subject to chapter 364, or
128 business name and has at least 50 percent of its dollar volume 157 affiliate thereof or its agents, or a telecommunications
129 consisting of repeat sales to existing businesses; 158 business that is regulated by the Florida Public Service
130 (b) The purchaser business intends to resell or offer for 159 Commission, or a Federal Communications Commission licensed
131 purposes of advertisement or as a promotional item the property 160 cellular telephone company or other bona fide radio
132 or goods purchased; or 161 telecommunication services provider. For the purposes of this
133 (c) The purchaser business intends to use the property or 162 exemption, “affiliate” means a person who directly, or
134 goods purchased in a recycling, reuse, remanufacturing, or 163 indirectly through one or more intermediaries, controls or is
135 manufacturing process. 164 controlled by, or is under common control with, a telephone
136 (11) A person who solicits sales by periodically publishing 165 company subject to chapter 364.
137 and delivering a catalog of the seller’s merchandise to 166 (15) A person who is licensed pursuant to chapter 497 and
138 prospective purchasers, if the catalog: 167 who is soliciting within the scope of the license.
139 (a) Contains a written description or illustration of each 168 (16) An issuer or a subsidiary of an issuer that has a
140 item offered for sale. 169 class of securities which is subject to s. 12 of the Securities
141 (b) Includes the business address or home office address of 170 Exchange Act of 1934, 15 U.S.C. s. 78l, and which is either
142 the seller. 171 registered or exempt from registration under paragraph (A),
143 (c) Includes at least 20 pages of written material and 172 paragraph (B), paragraph (C), paragraph (E), paragraph (F),
144 illustrations and is distributed in more than one state. 173 paragraph (G), or paragraph (H) of subsection (g)(2) of that
145 (d) Has an annual circulation by mailing of not less than 174 section.
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175 (17) A business soliciting exclusively the sale of 204 obtaining such products or services at the seller’s location.
176 telephone answering services provided that the telephone 205 (23) A person who is a registered developer or exchange
177 answering services will be supplied by the solicitor. 206 company pursuant to chapter 721 and who is soliciting within the
178 (18) A person soliciting a transaction regulated by the 207 scope of the chapter.
179 Commodity Futures Trading Commission if the person is registered 208 (24) Any person who has been lawfully providing
180 or temporarily licensed for this activity with the Commodity 209 telemarketing sales services continuously for at least 5 years
181 Futures Trading Commission under the Commodity Exchange Act, 7 210 under the same ownership and control and who derives 75 percent
182 U.S.C. ss. 1 et seq., and the registration or license has not 211 of its gross telemarketing sales revenues from contracts with
183 expired or been suspended or revoked. 212 persons exempted in this section.
184 (19) A person soliciting the sale of food or produce as 213 (25) A person licensed pursuant to chapter 475 and who is
185 defined in chapter 500 or chapter 504 if the solicitation 214 soliciting within the scope of the chapter.
186 neither intends to result in, or actually results in, a sale 215 (26) A publisher, or an agent of a publisher by written
187 which costs the purchaser in excess of $500. 216 agreement, who solicits the sale of his or her periodical or
188 (20) A person who is registered pursuant to part XI of 217 magazine of general, paid circulation. The term “paid
189 chapter 559 and who is soliciting within the scope of the 218 circulation” shall not include magazines that are only
190 registration. 219 circulated as part of a membership package or that are given as
191 (21) A person soliciting business from prospective 220 a free gift or prize from the publisher or agent of the
192 consumers who have an existing business relationship with or who 221 publisher by written agreement.
193 have previously purchased from the business enterprise for which 222 (27) A person who is a licensed operator or an
194 the solicitor is calling, if the solicitor is operating under 223 identification cardholder as defined in chapter 482, and who is
195 the same exact business name. 224 soliciting within the scope of the chapter.
196 (22) A person who has been operating, for at least 1 year, 225 (28) A licensee, or an affiliate of a licensee, regulated
197 a retail business establishment under the same name as that used 226 under chapter 560, the Money Transmitters’ Code, for foreign
198 in connection with telemarketing, and both of the following 227 currency exchange services.
199 occur on a continuing basis: 228 Section 3. For the purpose of incorporating the amendment
200 (a) Either products are displayed and offered for sale or 229 made by this act to section 501.616, Florida Statutes, in a
201 services are offered for sale and provided at the business 230 reference thereto, paragraph (c) of subsection (1) of section
202 establishment. 231 648.44, Florida Statutes, is reenacted to read:
203 (b) A majority of the seller’s business involves the buyer 232 648.44 Prohibitions; penalty.—
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233 (1) A bail bond agent or temporary bail bond agent may not:
234 (c) Initiate in-person or telephone solicitation after 9:00
235 p.m. or before 8:00 a.m., in the case of domestic violence
236 cases, at the residence of the detainee or the detainee’s
237 family. Any solicitation not prohibited by this chapter must
238 comply with the telephone solicitation requirements in ss.
239 501.059(2) and (4), 501.613, and 501.616(6).
240 Section 4. This act shall take effect July 1, 2021.
Page 9 of 9
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The Florida Senate
appearance record
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Date Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Phone
Email
Waive Speaking: | | In Support | | Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes No Lobbyist registered with Legislature:
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)
YOU MUST PRINT AND DELIVER THIS FOR TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
9 MARCH 2021 APPEARANCE RECORD SB 586
Meeting Date Bill Number ( f applicable)
Topic Veterans Employment and Training Amendment Barcode (if applicable)
Name Christian Cochran
Job Title Pubiic Information and Research Specialist
Ad ress 400 S. Monroe Street STE 2105 Phone 850-487-1500
Street
Tallahassee Florida 32399 Email CochranC@FDVA.STATE.FL.US
City State Zip
Speaking: |For Against Information Waive Speaking: / In Support Against
(The Chair will read this information into the record.)
Representing Florida Department of Veterans Affair
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Z 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)
YOU MUST PRINT AND DELIVER THIS FOR TO THE ASSIGNED TESTIMONY ROOM 1 ;C L
The Florida Senate
3/9/2021 APPEARANCE RECORD 586
Meeting Date Bill Number (if applicable)
Topic . Amendment Barcode (if applicable)
Name ob Asztalos
Job Tjt|e Chairman
Address 00 S Monroe St Phone 8502841166
Street
Tallahassee FL 32399 Email chairman@helpflvets.org
City State Zip
Speaking: For Against Information Waive Speaking: In Support [Against
(The Chair will read this information into the record.)
Representing Florida Veterans Foundation
Appearing at request of Chair: Yes INo Lobbyist registered with Legislature:
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 r cord for this eeting. S-001 (10/14/14)
YOU MUSTPRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTI ONY ROOM
The Florida Senate
March 9, 2021 APPEARANCE RECORD 586
Meeting Date Bill Number (if applicable)
Topic VETERANS EMPLOYMENT & TRAINING Amendment Barcode (If applicable)
Name an Hendrickson
Job Title president, Tallahassee Veterans Legal Collaborative
Address 319 E Park Ave Phone 850/570-1967
Street
TALLAHASSEE FL 32301 E ail danhhendrickson@comcast.net
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing TALLAHASSEE VETERANS LEGAL COLLABORATIVE
Appearing at request of Chair: Yes l jNo 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)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTI ONY ROOM
The Florida Senate
9 Mar 21 APPEARANCE RECORD 586
Meeting Date Bill Number (if applicable)
Topic Veterans Apprenticeship Programs Amendment Barcode (if applicable)
Name James Mosteller
Job Title Advocacy Associate
Address 215 South Monroe Street Phone 850-727-3712
Street
Tallahassee FL 32301 Email James@afloridapromise.org
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing he Foundation for Florida's Future
Appearing at request of Chair: Yes l* l o Lobbyist registered with Legislature: Yes I 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)
YOU MUST PRINT A D DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3-9-2021 APPEARANCE RECORD 586
Meeting Date Bill Number (if applicable)
TOpjc Veterans Employment and Training Amendment Barcode (if applicable)
Name Matthew Choy
Job Title Director
Address 136 South Bronough St Phone 5613863451
Street
Tallahassee FL 32301 Email mchoy@flchamber.com
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing The Florida Chamber of Commerce
Appearing at request of Chair: Yes l lNo Lobbyist registered with Legislature: Yes |No
While it is a Senate tradition to encourage public testimony, time may not permit all per ons 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: SB 586
INTRODUCER: Senator Wright and others
SUBJECT: Veterans Employment and Training
DATE: March 8, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brown Caldwell MS Favorable
2. McMillan McKay CM Favorable
3. AP
I. Summary:
SB 586 designates Florida is for Veterans as the state’s principal assistance organization under
the United States Department of Defense’s (department) SkillBridge program for employers and
transitioning servicemembers.
In its role under the program, Florida is for Veterans is required to:
Establish and maintain its certification for either the SkillBridge program or a similar
workforce training and transition program established by the department;
Educate businesses, business associations, and transitioning servicemembers on the
SkillBridge program and its benefits, and educate military command and personnel within
the state on opportunities available to transitioning servicemembers through the program;
Assist businesses in obtaining approval for skilled workforce training curricula under the
program, including apprenticeships, internships, or fellowships; and
Match transitioning servicemembers who are deemed eligible for program participation by
their military command with training opportunities offered by Florida is for Veterans or
participating businesses, with the intent of having transitioning servicemembers achieve
gainful employment in the state upon completion of their training.
The bill takes effect July 1, 2021.
BILL: SB 586 Page 2
Present Situation:
Transitioning Servicemembers
Each year, about 200,000 servicemembers end military service as veterans and either reenter the
civilian workforce or enroll in higher education.1 Nationally, Florida has the third largest veteran
population, with more than 1.5 million veterans. A significant number of these veterans are
recently transitioned servicemembers.2
For example, for Fiscal Year 2019, the number of servicemembers transitioning into the
workforce by duty location in the state was as follows:3
Duty Location Servicemembers Transitioning
Pensacola NAS 768
NAS Whiting Field Milton 84
Hurlburt Field ABS FL 1,096
Eglin AFB 852
Tyndall AFB 488
NS Mayport 141
NAS Jacksonville 1,341
Patrick AFB 259
Macdill AFB 546
Miami 71
NAS Key West 176
Florida Is For Veterans
The Florida Legislature created Florida is for Veterans, also known as Veterans Florida, in
2014.4 Florida is for Veterans is a nonprofit that promotes the state as veteran-friendly by helping
veterans adjust to civilian life through workplace and entrepreneurial assistance.5 Florida is for
Veterans operates a variety of training and employment assistance programs, including an
Entrepreneurship Program, a Veteran Agriculture Program, and training during military service
by industry partners through the United States Department of Defense SkillBridge program.
Entrepreneurship Program
Almost one in four active duty servicemembers wants to open their own business.6 The
Entrepreneurship Program offers veterans online and on-site instruction, facilitation, and
1
Department of Defense SkillBridge, Industry Partners and Employers, available at
https://dodskillbridge.usalearning.gov/industry-employers.htm (last visited March 8, 2021).
2
Department of Veterans Affairs, 2021 Legislative Bill Analysis (SB 586) (Jan. 25, 2021) (on file with the Senate Committee
on Military and Veterans Affairs, Space, and Domestic Security).
3
Id.
4
Section 12, ch. 2014-1, Laws of Fla.
5
Section 295.21(2), F.S.
6
Veterans Florida, Annual Report 2020, pg. 13; available at https://www.veteransflorida.org/about/ (last visited March 8,
2021).
BILL: SB 586 Page 3
mentorship. Since the program began in early 2016, more than 3,200 veterans have applied, and
1,704 have been served.7
The Veterans Florida Agriculture Program
The Veterans Florida Agriculture Program is an intensive nine-month internship that educates
veterans about modern agriculture production practice.8 For the first six months, participants
intern at the University of Florida/Institute of Agricultural Sciences Research and Education
Centers. After the first internship, participants receive a three month paid internship with local
agribusinesses or farms. At the end of the program, Florida is for Veterans help the veterans
receive a permanent placement.9
SkillBridge
Florida is for Veterans, in partnership with the University of Florida, has started to expand
SkillBridge fellowship offerings with employers to serve transitioning active-duty
servicemembers.10 On Feb. 10, 2021, the Florida Chamber of Commerce announced a
partnership with Florida is for Veterans to launch a new coalition that will help servicemembers
prepare to transition back into the workforce.11 The coalition’s mission will be to promote
SkillBridge to employers and transitioning servicemembers, and to assist businesses with
obtaining SkillBridge approval for skilled workforce training.12 Another focus of the coalition
will be on high-tech opportunities.13
Federal Programs for Transitioning Servicemembers
Transition Assistance Program
The Transition Assistance Program (program) provides transitioning servicemembers
employment information, tools, and training through a cooperative effort among the Department
of Labor, and the Departments of Defense, Education, Homeland Security, Veterans Affairs, the
Small Business Administration, and the Office of Personnel Management.14 Workshop offerings
include a mandatory one-day employment preparation workshop for transitioning
servicemembers, and optional two-day workshops in career exploration and technical career
preparation or general employment preparation.15 The program also initiated the Department of
Labor VETS Apprenticeship Pilot to provide counseling, apprenticeship, and placement services
7
Id.
8
Id. at 15-16.
9
Id.
10
Florida Department of Veterans’ Affairs, Quarterly Report for the First Quarter of the 2020-2021 Fiscal Year, pg. 16
(Nov. 20, 2020), available at https://floridavets.org/leadership/quarterly-report/ (last visited March 8, 2021).
11
Jordan Kirkland, The Capitolist, Industry leaders form coalition to help servicemembers transition to civilian life (Feb. 10,
2021) available at https://thecapitolist.com/industry-leaders-form-coalition-to-help-servicemembers-transition-to-civilian-life/
(last visited March 8, 2021).
12
Id.
13
Id.
14
U.S. Dep’t of Labor, Veterans’ Employment and Training Service, Transition Assistance Program, available at
https://www.dol.gov/agencies/vets/programs/tap (last visited March 8, 2021).
15
Id.
BILL: SB 586 Page 4
to transitioning servicemembers and their spouses who are interested in apprenticeship after
separating from employment.16
SkillBridge
The Department of Defense SkillBridge program connects servicemembers with participating
companies that provide training, apprenticeships, and internships. A servicemember is eligible to
participate during his or her last 180 days of military service. Once approved, a unit commander
authorizes the servicemember up to 180 days of permissive leave for the servicemember to gain
civilian experience with an industry participant.17 Companies benefit at no cost, and the
servicemember continues to receive military compensation.
For servicemembers, SkillBridge provides a chance to work and learn in civilian career areas,
and can help bridge the gap between the end of service and the beginning of civilian careers.18
Guard and Reserve members are also eligible to participate in SkillBridge, and if space is
available, a veteran or a military spouse may seek a position in SkillBridge.19
To view opportunities, SkillBridge maintains an online platform of listings submitted by industry
partners.20 As of January 14, 2021, 52 SkillBridge programs operate in Florida.21 An additional
listing is provided of organizations that have been authorized by the Department of Defense
through a “Memorandum of Understanding” to work with each of the branches of the military
and installation commanders to develop SkillBridge training programs for their personnel.
Florida is for Veterans is one of the 5 approved organizations in Florida.22
II. Effect of Proposed Changes:
The bill designates Florida is for Veterans as the state’s principal assistance organization under
the United States Department of Defense’s (department) SkillBridge program for employers and
transitioning servicemembers.
In its role under the program, Florida is for Veterans is required to:
Establish and maintain its certification for either the Skillbridge program or a similar
workforce training and transition program established by the department;
16
Id. The Pilot launched April 2020.
17
Department of Defense SkillBridge, What is SkillBridge? Program Overview, available at
https://dodskillbridge.usalearning.gov/program-overview.htm (last visited March 8, 2021).
18
Id.
19
Department of Defense, SkillBridge, Frequently Asked Questions; available at
https://dodskillbridge.usalearning.gov/faq.htm (last visited March 8, 2021).
20
Department of Defense, SkillBridge Locations, available at https://dodskillbridge.usalearning.gov/locations.htm (last
visited March 8, 2021).
21
Department of Veterans Affairs, 2021 Legislative Bill Analysis (SB 586) (Jan. 25, 2021) (on file with the Senate Committee
on Military and Veterans Affairs, Space, and Domestic Security).
22
Department of Defense, Authorized SkillBridge Organizations, available at
https://dodskillbridge.usalearning.gov/organizations.htm (last visited March 8, 2021). The other approved organizations are
Florida Homes Realty & Mortgage, JDog Junk Removal and Hauling - MVP Florida East, Northeast Florida Builders
Association (NEFBA) Apprenticeship Training Program, and State College Florida Manatee - Sarasota - 26 West Business
Incubator.
BILL: SB 586 Page 5
Educate businesses, business associations, and transitioning servicemembers on the
SkillBridge program and its benefits, and educate military command and personnel within
the state on opportunities available to transitioning servicemembers through the program;
Assist businesses in obtaining approval for skilled workforce training curricula under the
program, including apprenticeships, internships, or fellowships; and
Match transitioning servicemembers who are deemed eligible for program participation by
their military command with training opportunities offered by Florida is for Veterans or
participating businesses, with the intent of having transitioning servicemembers achieve
gainful employment in the state upon completion of their training.
The bill takes effect July 1, 2021.
III. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not appear to require cities and counties to expend funds or limit their
authority to raise revenue or receive state-shared revenues as specified by Article VII,
Section 18 of the State Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
IV. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Designating Florida is for Veterans as the principal assistance organization for
SkillBridge may make it easier for both industry partners and servicemembers to access a
single point of entry, thereby increasing the likelihood of participation.
BILL: SB 586 Page 6
C. Government Sector Impact:
None.
V. Technical Deficiencies:
None.
VI. Related Issues:
None.
VII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 295.21 and 295.22.
VIII. 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.
Florida Senate - 2021 SB 586 Florida Senate - 2021 SB 586
By Senator Wright
14-00495-21 2021586__ 14-00495-21 2021586__
1 A bill to be entitled 30 state, the corporation shall:
2 An act relating to veterans employment and training; 31 1. Establish and maintain, as applicable, its certification
3 amending s. 295.21, F.S.; directing Florida Is For 32 for the SkillBridge program or any other similar workforce
4 Veterans, Inc., to serve as the state’s principal 33 training and transition programs established by the United
5 assistance organization under the United States 34 States Department of Defense;
6 Department of Defense’s SkillBridge program; amending 35 2. Educate businesses, business associations, and
7 s. 295.22, F.S.; prescribing duties of the corporation 36 transitioning servicemembers on the SkillBridge program and its
8 to facilitate the administration of the SkillBridge 37 benefits, and educate military command and personnel within the
9 program; providing an effective date. 38 state on the opportunities available to transitioning
10 39 servicemembers through the SkillBridge program;
11 Be It Enacted by the Legislature of the State of Florida: 40 3. Assist businesses in obtaining approval for skilled
12 41 workforce training curricula under the SkillBridge program,
13 Section 1. Paragraph (g) is added to subsection (3) of 42 including, but not limited to, apprenticeships, internships, or
14 section 295.21, Florida Statutes, to read: 43 fellowships; and
15 295.21 Florida Is For Veterans, Inc.— 44 4. Match transitioning servicemembers who are deemed
16 (3) DUTIES.—The corporation shall: 45 eligible for SkillBridge participation by their military command
17 (g) Serve as the state’s principal assistance organization 46 with training opportunities offered by the corporation or
18 under the United States Department of Defense’s SkillBridge 47 participating businesses, with the intent of having
19 program for employers and transitioning servicemembers. 48 transitioning servicemembers achieve gainful employment in this
20 Section 2. Paragraph (f) is added to subsection (3) of 49 state upon completion of their SkillBridge training.
21 section 295.22, Florida Statutes, to read: 50 Section 3. This act shall take effect July 1, 2021.
22 295.22 Veterans Employment and Training Services Program.—
23 (3) ADMINISTRATION.—Florida Is For Veterans, Inc., shall
24 administer the Veterans Employment and Training Services Program
25 and perform all of the following functions:
26 (f) As the state’s principal assistance organization under
27 the United States Department of Defense’s SkillBridge program
28 for qualified businesses in this state and for transitioning
29 servicemembers who reside in, or who wish to reside in, this
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
Committee Agenda Request
To: Senator Ed Hooper, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: February 17, 2021
I respectfully request that Senate Bill #982, relating to Tax Refund Program for Qualified Target
Industry Businesses, be placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Please let me know if you have any questions.
Sincerely,
Joe Gruters
Cc: Todd McKay, Staff Director
Kathryn Vigrass, Committee Administrative Assistant
File signed original with committee office S-020 (03/2004)
The Florida Senate
c APPEARANCE RECORD
BOTH copies of this form to the Senator or Senate Professional Staff conducting the eeting)
Meeting Date Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Address
Street
C/ty State Zip
Speaking: |v| For Against Information Waive Speak(n Wort I I Against
tion the record.) c
Representing
Appearing at request of Chair: Yes No Lobb' N6
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)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
03/09/2021 APPEARANCE RECORD SB 982
Meeting Date Bill Number (if applicable)
Topic 982 - Tax Refund Program for Qualified Target Industry Businesses Amendment Barcode (if applicable)
Name Fel er
Job Title D rector °f Legislative Affairs, EFI
Address North Monroe Street, Suite 1000 Rhone (813) 220-0832
Street
Tallahassee FL 32301 Email JFelder@enterpriseflorida.co
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Enterprise Florida, Inc.
Appearing at request of Chair: Yes vC 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 fo m is part of the public record for this meeting. S-001 (10/14/14)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
03/09/2021 APPEARANCE RECORD SB 982
Meeting Date Bill Number (if applicable)
Topic SB 982 Tax Refund Program for Qualified Target Industry Businesses Amendment Barcode (if applicable)
Name J°hn Schrader
Job Title Director of Legislative and Cabinet Affairs, DEO
Address 10? E- Madison Street, Caldwell Building Phone (850) 245-7116
Street
Tallahassee FL 32399 Email J°hn.Schrader@deo.myflorida.com
City State Zip
Speaking: |For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Department of Economic Opportunity
Appearing at request of Chair: Yes l/lNo 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)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
>7/ Amendment Barcode (if applicable)
Name
Job Title
Address Phone
Email
Zip
Speaking: | | For | | Against | | Information Waive Speaking: pn In Support | | Against
(The Chair will read infs information into the record.)
Representing
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 this meeting. S-001 (10/14/14)
YOU MUST PRINT A D DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/9/21 APPEARANCE RECORD 982
Meeting Date Bill Number (if applicable)
Topic Tax Refund Program for Qualified Target Industry Businesses Amendment Barcode (if applicable)
Narpe Brewster Bevis
Job Title Senior Vice President
Address 513 N Adams St Phone 224-7173
Street
Tallahassee FL 32301 Email bbevis@aif.com
City State Z/p
Speaking: |For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Associated Industries of Florida
Appearing at request of Chair: Lobbyist registered with Legislature: Yes I 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)
Meeting Date Bill Number (if applicable)
TOpIC ' g - f A Amend ent Barcode (if applicable)
Name L r
Job Title
Address Phone
Street
Email
City State Zip
Speaking: | | For | | Against | | Information Waive Speaking: n Tln Support | | Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes yl No Lobbyist registered with Legislature: es 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)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/9/2021 APPEARANCE RECORD SB982
Meeting Date Bill Number (if applicable)
Topic Commerce & Tourism Amendment Barcode (if applicable)
Name Nicole Fogarty
Job Title Legislative Affairs Director
Address 2300 Virginia Ave. Phone 772-708-3954
Street
For Pierce FL 34982 Email FogartyN@stlucieco.org
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Ct. Lucie County
Appearing at request of Chair: Yes 1* 1 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
meeti g. Those who do sp ak ay be asked to li it th ir re rks so th t s many pe sons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/9/21 APPEARANCE RECORD 982
Meeting Date Bill Number (if applicable)
Topic Tax Refund Program for Qualified Targeted Industries Amendment Barcode (if applicable)
Name Carolyn Johnson
Job Title Senior Policy Director
Address 136 S Bronough Street Phone 850-521-1200
St eet
Tallahassee FL 32301 Email cjohnson@flchamber.com
City State
Speaking: |For Against Information Waive Speaking: In Support Against
(The Chair will read this info mation into the record.)
Representing Florida Chamber of Commerce
Appearing at request of Chair: Lobbyist registered with Legislature: 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)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/9/21 APPEARANCE RECORD 982
Meeting Date
Bill Number (if applicable)
Topic Qualified Target Industry Tax Credit Amendment Barcode (if applicable)
Name Robert Stuart
Job Title Senior Director of Govern ent Affairs
Address 301 5 Bronough Street, Suite 600 phone 850-577-9090
Street
Orlando FL 32301 Email robert.stuart@gray-robinson.com
City State Z/p
Speaking: For Against Information Wai e Speaking: In Supportt | Against
(The Chair will read this information into the record.)
Representing Qriando Economic Partnership
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes I 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.
S-001 (10/14/14)
This form is part of the public r cord for this meeting.
YOU MUST PRINT A D DELIVER THIS FORM TO THE ASSIGNED TESTI ONY ROOM
The Florida Senate
3/9/2021 APPEARANCE RECORD 982
Meeting Date Bill Number (if applicable)
Topic ax Refuncj Program for Qualified Target Industry Businesses Amendment Barcode (if applicable)
Name Bob McKee
Job Title Deputy Director of Public Policy
Address 1 QOS Monroe Phone (850) 922-9755
Str et
Tallahassee FL 32038 Email bmckee@flcounties.com
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Association of Counties
Appearing at request of Chair: |Yes No Lobbyist registered with Legislature: 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
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 982
INTRODUCER: Senator Gruters
SUBJECT: Tax Refund Program for Qualified Target Industry Businesses
DATE: March 8, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Reeve McKay CM Favorable
2. FT
3. AP
I. Summary:
SB 982 reauthorizes the Qualified Target Industry Tax Refund Program by repealing the June
30, 2020, deadline for applicants to be certified for the program.
The bill takes effect July 1, 2021.
II. Present Situation:
Qualified Target Industry Tax Refund Program
The Qualified Target Industry (QTI) Tax Refund Program was created by the Legislature in
19941 to encourage the creation and retention of high-quality, high-wage jobs by providing a
state grant equal to the amount paid for certain state and local taxes2 to eligible businesses
creating jobs in certain target industries.3 The amount of the tax refund awarded through the
program is determined by the number of jobs created by, the average annual wages paid by, and
the location of the eligible business. As of June 30, 2020, no additional applicants may be
certified under the program; existing agreements made prior to this date will continue in effect
according to their terms.4
In order to be eligible to receive a grant, a business must apply to be certified as a qualified target
industry business with the Department of Economic Opportunity (DEO).5 Businesses must be
1
Chapter 94-136, s. 76, Laws of Fla.
2
Tax refunds may be claimed for the following taxes paid: sales and use taxes, corporate income taxes, insurance premium
taxes, intangible personal property taxes, excise taxes, ad valorem taxes, certain state communication services taxes, excise
taxes on documents. See s. 288.106(3)(9), F.S.
3
Section 288.106(1), F.S.
4
Section 288.106(9), F.S.
5
Section 288.106(4), F.S.
BILL: SB 982 Page 2
engaged in one of Florida’s target industries as identified by the DEO and Enterprise Florida,
Inc. (EFI).6 The current qualified target industries are aviation and aerospace; corporate
headquarters; clean technology; defense and homeland security; financial and professional
services; global logistics and trade; information technology; life sciences; manufacturing; and
research and development.7
Additionally, a business applying for certification as a qualified target industry business must
meet the following requirements:
A business’s project must create at least 10 new jobs, or create a net employment increase of
at least 10 percent in the case of an expansion of an existing business. The DEO is authorized
to waive this requirement for a business in a rural community or an enterprise zone;8
New jobs must pay an annual average wage of at least 115 percent of the average private
sector wage in a business’s area or the statewide private sector average wage. The DEO is
authorized to waive this requirement for a business in a brownfield area, a rural city, a rural
community, or an enterprise zone.9 Jobs created by a manufacturing project in any location
within the state may pay an annual average wage of at least 100 percent of the average
private sector wage in a business’s area;10 and
A business must receive a local funding match, paid by public or private sources, equal to 20
percent of the annual tax refund. The existence of local financial support must be confirmed
by a resolution adopted by the governing body of the county or municipality where the
business is located.11 A business located in a brownfield area, a rural city, or a rural
community is authorized to exercise an exemption from the local financial support
requirement, but the business would not be eligible for more than 80 percent of the total tax
refunds originally allowed.12
Qualified target industry businesses are eligible to receive a tax refund equal to $3,000 per newly
created job. If a business is located in a rural community or an enterprise zone, the amount is
increased to $6,000 per created job.13 Qualified target industry businesses may also be eligible
for the following additional tax refund payments:14
$1,000 per created job if such jobs pay an average annual wage of at least 150 percent of the
average private sector wage in a business’s area;
$2,000 per created job if such jobs pay an average annual wage of at least 200 percent of the
average private sector wage in a business’s area;
$1,000 per created job if a business’s local financial support is equal to the state’s incentive
award; and
6
Section 288.106(2)(q), F.S. Every three years, beginning January 1, 2011, DEO must consult with EFI, economic
development organizations, the State University System, local governments, employee and employer organizations, market
analysts, and economists to review and revise the list of target industries. Target industries are determined according to
criteria found in statute.
7
Florida Department of Economic Opportunity, 2020 Incentives Report, 12, available at http://floridajobs.org/docs/default-
source/reports-and-legislation/2019-2020-annual-incentives-report-final.pdf?sfvrsn=af674ab0_2 (last visited Mar. 8, 2021).
8
Section 288.106(4)(b)2., F.S.
9
Section 288.106(4)(b)1.a., F.S.
10
Section 288.106(4)(b)1.b., F.S.
11
Section 288.106(4)(a)10., F.S.
12
Section 288.106(2)(k), F.S.
13
Section 288.106(3)(b)1., F.S.
14
Section 288.106(3)(b), F.S.
BILL: SB 982 Page 3
$2,000 per created job if a business falls within one of the designated high-impact sectors15
or increases exports of its goods through a seaport16 or airport in the state by at least
10 percent by value or tonnage in each of the years the business receives a tax refund
payment.
A qualified target industry business cannot receive more than $1.5 million in any fiscal year, or
more than $2.5 million in any fiscal year if the business is located in an enterprise zone.17 The
total state share of payments may not exceed $35 million.18
In Fiscal Year 2019-2020, the last fiscal year during which applicants could be certified under
the program, 7,890 jobs were created by 159 businesses actively participating in the program.
The total number of jobs created exceeded the number of total new jobs expected to be created
by 3,068.19
QTI Agreement
Each qualified target industry business must enter into a written agreement with the DEO that
specifies certain criteria that must be met in order to be eligible for a payment, including receipts
showing the amount of taxes paid and data showing that the business met its performance
requirements.20 Compliance with the terms and conditions of the agreement is a condition
precedent for the receipt of a tax refund each year unless the department grants the business an
economic recovery extension.21
In the event of negative economic conditions in a business’s industry, a named hurricane or
tropical storm, or specific acts of terrorism, a qualified target industry business may request an
economic recovery extension. The request must provide evidence detailing how the
aforementioned conditions have prevented a business from carrying out the terms of its
agreement.22 Upon approval, the DEO will renegotiate a business’s agreement. Agreements may
not be extended for more than 2 years, and a business that receives an extension may not receive
a tax refund for the period covered by the extension.23 Requests for an economic recovery
15
Pursuant to s. 288.108(6), F.S., EFI must consult with the DEO, economic development organizations, the State University
System, local governments, employee and employer organizations, market analysts, and economists every three years,
beginning January 1, 2011, to review the designated high-impact sectors. The sectors currently designated as high impact are
clean energy, life sciences, financial services, information technology, silicon technology, transportation equipment
manufacturing, and corporate headquarters. See Department of Economic Opportunity, 2020 Annual Incentives Report, 52,
available at https://floridajobs.org/docs/default-source/reports-and-legislation/2019-2020-annual-incentives-report-
final.pdf?sfvrsn=af674ab0_2 (last visited Mar. 8, 2021).
16
Section 288.106(3)(b)4.b., F.S., limits seaports to the ports of Jacksonville, Tampa, Port Everglades, Miami, Port
Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg, Pensacola, Fernandina, and
Key West.
17
Section 288.106(3)(c), F.S.
18
Section 288.095(3)(a), F.S.
19
Supra note 7, at 7-8.
20
Section 288.106(5)(a), F.S. The DEO may waive the requirement for proof of taxes paid in future years for a business that
provides the DEO with proof that, in a single year, the business has paid an amount of certain state taxes that is at least equal
to the total amount of payments that the business would receive through successful completion of its agreement.
Section 288.106(6), F.S.
21
Section 288.106(5)(b), F.S.
22
Section 288.106(5)(b)1., F.S.
23
Section 288.106(5)(b)3., F.S.
BILL: SB 982 Page 4
extension were permitted in lieu of any claim scheduled between January 1, 2009, and July 1,
2012.24
III. Effect of Proposed Changes:
The bill repeals s. 288.106(9), F.S., which prohibits the certification of applicants after June 30,
2020. In effect, the bill permanently reauthorizes the QTI program.
The bill takes effect July 1, 2021.
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:
None.
C. Government Sector Impact:
The bill may have a significant yet indeterminate fiscal impact on future state
expenditures. Payment of QTI contracts or agreements are subject to specific annual
24
Section 288.106(5)(b)1., F.S.
BILL: SB 982 Page 5
appropriation by the legislature.25 The annual funding cap of $35 million, pursuant to s.
288.095(3)(a), F.S., still applies.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 288.106 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.
25
Section 288.106(5)(d), F.S.
Florida Senate - 2021 SB 982
By Senator Gruters
23-01077-21 2021982__
1 A bill to be entitled
2 An act relating to the tax refund program for
3 qualified target industry businesses; amending s.
4 288.106, F.S.; deleting a provision prohibiting the
5 certification of applicants after a specified date;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Subsection (9) of section 288.106, Florida
11 Statutes, is amended to read:
12 288.106 Tax refund program for qualified target industry
13 businesses.—
14 (9) EXPIRATION.—An applicant may not be certified as
15 qualified under this section after June 30, 2020. A tax refund
16 agreement existing on that date shall continue in effect in
17 accordance with its terms.
18 Section 2. This act shall take effect July 1, 2021.
Page 1 of 1
CODING: Words stricken are deletions; words underlined are additions.
CourtSmart Tag Report
Room: SB 110 Case No.: Type:
Caption: Senate Commerce Committee Judge:
Started: 3/9/2021 12:30:35 PM
Ends: 3/9/2021 1:18:14 PM Length: 00:47:40
12:30:35 PM Chair called meeting to order
12:30:52 PM Roll call
12:31:05 PM Notes from the Chair
12:31:53 PM Tab 2, CS/SB 148, Sen. Bradley
12:34:23 PM Questions: None
12:34:34 PM Jorge Chamizo, Uber Technologies, waive in support
12:34:44 PM Diego Echeverri, Americans of Prosperity waive in support
12:34:51 PM Brewster Bevis, Associated Industries of FL waive in support
12:35:04 PM Christian Camara, Institute for Justice waive in support
12:35:17 PM Jonathan Rees, Anheuser-Busch waive in support
12:35:19 PM Jake Farmer, FL Retail Federation waive in support
12:35:24 PM Jeff Sharkey, Golf Florida waive in support
12:35:31 PM Greg Black, R Street Institute waive in support
12:35:38 PM Samantha Padgett, FL Restaurant & Lodging Assoc. speaking for the bill
12:36:48 PM In debate: None
12:36:55 PM Sen. Bradley close on bill
12:37:07 PM Roll call
12:37:13 PM CS/SB 148 passes favorably
12:37:31 PM Tab 6, SB 968 by Sen. Gainer
12:39:10 PM Questions: Yes
12:39:14 PM Sen. Powell question to sponsor
12:39:29 PM Response from sponsor
12:39:56 PM
12:39:58 PM Sen Powell Follow up
12:40:01 PM Response from sponsor
12:40:13 PM Sen. Hudson question
12:40:22 PM Response of sponsor
12:40:36 PM Sen. Taddeo question
12:41:05 PM Reponse of bill sponsor
12:41:19 PM Sen Taddeo Follow up
12:41:31 PM Response from sponsor
12:41:49 PM John Schrader, FL Dept. of Economic Opportunity waive in support
12:42:10 PM In debate: none
12:42:15 PM Sen. Gainer close on bill
12:42:21 PM Roll call
12:42:26 PM SB 968 passes favorably
12:42:50 PM Tab 1, SB 98 by Sen. Albritton
12:45:00 PM Questions:
12:45:04 PM Sen. Torres question to sponsor
12:45:17 PM Response from sponsor
12:46:21 PM Sen Torres Follow up
12:46:40 PM Response from sponsor
12:47:19 PM Robert Stuart, Career Source Central FL and Career Source Tampa Bay for information
12:48:34 PM David Sadar waive in support
12:48:49 PM In debate:
12:48:53 PM Sen. Torres
12:49:58 PM Sen. Albritton closes on bill
12:51:04 PM Roll call
12:51:08 PM SB 98 passes favorably
12:51:31 PM Tab 5, SB 806 by Sen. Book
12:53:40 PM Questions: None
12:53:48 PM Gabriela Rojas, Miami Diaper Bank speaking for the bill
12:58:24 PM Chris Hansen, Consumer Healthcare Products Assoc waive in support
12:58:34 PM Eric Adelson, FL Essential Needs Coalition speaking for the bill
12:59:55 PM Christy Rogers, Jr. League of Panama City Diaper Bank speaking for the bill
1:01:42 PM Kaitlin Guidry, Jr. League of Panama City Diaper Bank waive in support
1:02:11 PM Sen. Pizzo speaking in debate
1:03:04 PM Sen. Book closes on bill
1:03:12 PM Roll call
1:03:17 PM SB 806 passes favorably
1:03:50 PM Tab 3, SB 346 by Sen. Rodriguez
1:04:33 PM Will McRea, Appraisal Institute waive in support
1:04:42 PM Andy Gonzalez, Florida Realtors waive in support
1:05:02 PM
1:05:02 PM In debate: none
1:05:12 PM Sen. Rodriguez waives close
1:05:17 PM Roll call
1:05:21 PM SB 346 passes favorably
1:05:41 PM Tab 4, CS/SB 352 by Sen. Rodriguez
1:06:11 PM Sen. Torres question
1:06:36 PM Response of sponsor
1:06:39 PM Anita Berry, FL State Massage Therapy Assoc waive in support
1:06:55 PM In debate: none
1:07:01 PM Sen. Rodriguez waive close
1:07:07 PM Roll call
1:07:15 PM CS/SB 352 passes favorably
1:07:33 PM Tab 7, SB 1120 by Sen. Gibson (presented by Sen. Powell in her absence)
1:08:57 PM Sen. Powell waives close
1:09:06 PM Roll call
1:09:11 PM SB 1120 passes favorably
1:09:31 PM Tab 8, SB 586 by Sen. Wright
1:10:55 PM Christian Cochran, FL Dept of Veterans Affairs waive in support
1:11:08 PM Bob Asztalos, FL Veterans Foundation waive in support
1:11:18 PM Dan Hendrickson, Tallahassee Veterans Legal Collaborative waive in support
1:11:29 PM James Mosteller, The Foundation for FL's Future waive in support
1:11:35 PM Matthew Choy, FL Chamber of Commerce waive in support
1:11:40 PM Joe Marino, Veterans Florida waive in support
1:12:12 PM Sen. Torres in debate on bill
1:13:18 PM Chair comments to sponsor on bill
1:13:39 PM Sen. Wright waives close
1:13:49 PM Roll call
1:13:54 PM SB 586 passes favorably
1:14:12 PM Tab 9, SB 982 by Sen. Gruters
1:15:02 PM Sen. Pizzo in questions
1:15:11 PM Response of sponsor
1:15:17 PM Sen Pizzo Follow up
1:15:22 PM Response of sponsor
1:15:31 PM Bob McKee, Florida Association of Counties waive in support
1:15:39 PM Jim Taylor, Hillsborough County waive in support
1:15:48 PM Brewster Bevis, Associated Industries of FL waive in support
1:15:56 PM Nicole Fogarty, St. Lucie County waive in support
1:16:03 PM Caroloy Johnson, FL Chamber of Commerce waive in support
1:16:05 PM Robert Stuart, Orlando Economic Partnership waive in support
1:16:14 PM Jerry Sansom, Northrop Grumman Corp. waive in support
1:16:42 PM John Schrader, FL Dept of Economic Opportunity waive in support
1:16:49 PM Jake Felder, Enterprise Florida, Inc., waive in support
1:16:58 PM David Sadar waive in support
1:17:12 PM Sen. Gruters waive in support
1:17:20 PM Roll call
1:17:22 PM SB 982 passes favorably
1:17:38 PM SB 982 passes favorably
1:17:46 PM Motion to adjourn by Sen. Gruters
1:17:57 PM Meeting adjourned
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