Commerce and Tourism — 2022 Regular Session Customized Agenda Order (01/18/2022)
Summary
Expanded agenda and meeting record of the Florida Senate Committee on Commerce and Tourism for Tuesday, January 18, 2022, with Senator Hooper, Chair, and Senator Wright, Vice Chair. The committee action column lists Favorable for SB 944 (Online Marketplace Transparency), Yeas 9 Nays 0, SB 1310 (Florida Main Street Program and Historic Preservation Tax Credits), Yeas 9 Nays 0, SB 1076 (Florida Kratom Consumer Protection Act), Yeas 8 Nays 0, and SB 1298 (Agreements with Professional Sports Teams), Yeas 7 Nays 1. The meeting notes record that SB 1298 passes favorably and that a late appearance card for SB 1310 from Sean Pittman, City of Orlando, waives in support. A letter from Senator Ileana Garcia asks to be excused from the meeting.
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Selection From: 01/18/2022 - Commerce and Tourism (9:00 AM - 10:30 AM) 2022 Regular Session
Customized 01/20/2022 1:09 PM
Agenda Order
Tab 1 SB 944 by Baxley; (Identical to H 01227) Online Marketplace Transparency
SB 1310 by Rodriguez; (Similar to H 00247) Florida Main Street Program and Historic Preservation Tax
Tab 2
Credits
Tab 3 SB 1076 by Gruters; (Similar to H 01071) Florida Kratom Consumer Protection Act
Tab 4 SB 1298 by Gruters; (Similar to H 00499) Agreements with Professional Sports Teams
Page 1 of 1
2022 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Hooper, Chair
Senator Wright, Vice Chair
MEETING DATE: Tuesday, January 18, 2022
TIME: 9:00—10:30 a.m.
PLACE: Toni Jennings Committee Room, 110 Senate Building
MEMBERS: Senator Hooper, Chair; Senator Wright, Vice Chair; Senators Diaz, Garcia, Gruters, Hutson, Pizzo,
Powell, Taddeo, and Torres
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
1 SB 944 Online Marketplace Transparency; Requiring online Favorable
Baxley marketplaces to require high-volume third-party Yeas 9 Nays 0
(Identical H 1227) sellers using their service to provide certain
information to the online marketplace within a
specified timeframe; requiring the online marketplace
to suspend certain sellers who do not provide such a
certification or updated information; requiring online
marketplaces to disclose certain information in a
specified manner; preempting the regulation of the
verification and disclosure of such information to the
Department of Legal Affairs, etc.
CM 01/18/2022 Favorable
CA
RC
2 SB 1310 Florida Main Street Program and Historic Favorable
Rodriguez Preservation Tax Credits; Citing this act as the "Main Yeas 9 Nays 0
(Similar H 247) Street Historic Tourism and Revitalization Act";
specifying eligibility requirements for receiving
specified tax credits for taxpayers that rehabilitate
certified historic structures; authorizing the
carryforward, sale, and transfer of tax credits;
providing the Department of Revenue audit and
examination powers for specified purposes related to
certified rehabilitation expenses; requiring the return
of forfeited tax credits under certain circumstances,
etc.
CM 01/18/2022 Favorable
FT
AP
3 SB 1076 Florida Kratom Consumer Protection Act; Creating Favorable
Gruters the "Florida Kratom Consumer Protection Act"; Yeas 8 Nays 0
(Similar H 1071) defining the terms “kratom extract,” “kratom product,”
and “processor”; prohibiting processors from selling,
preparing, distributing, or exposing for sale certain
kratom products; prohibiting processors from
distributing, selling, or exposing for sale a kratom
product to an individual under 21 years of age;
providing civil penalties, etc.
CM 01/18/2022 Favorable
AEG
AP
S-036 (10/2008)
01182022.1044 Page 1 of 2
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, January 18, 2022, 9:00—10:30 a.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
4 SB 1298 Agreements with Professional Sports Teams; Favorable
Gruters Defining the terms “professional sports team” and Yeas 7 Nays 1
(Similar H 499) “sporting event”; prohibiting a governmental entity
from entering into certain agreements with a
professional sports team unless the agreement
includes specified provisions; requiring a
governmental entity that enters into such an
agreement to strictly enforce such provisions;
authorizing the Attorney General to intervene to
enforce such provisions under certain circumstances,
etc.
CM 01/18/2022 Favorable
CA
RC
Other Related Meeting Documents
S-036 (10/2008)
01182022.1044 Page 2 of 2
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 944
INTRODUCER: Senator Baxley
SUBJECT: Online Marketplace Transparency
DATE: January 14, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Favorable
2. CA
3. RC
I. Summary:
SB 944 creates s. 559.953, F.S., which establishes that an online marketplace must require high-
volume third-party sellers to provide the online marketplace with verification and disclosure
information. Additionally, an online marketplace must require high-volume third-party sellers
with an aggregate total of $20,000 or more in annual gross revenues on its online platform to
provide consumers with disclosure information.
The bill requires an online marketplace to provide consumers with a reporting mechanism that
allows for electronic and telephonic reporting of suspicious marketplace activity to the online
marketplace and a message encouraging individuals seeking to purchase products to report
suspicious activity to the online marketplace.
The bill provides that a violation of s. 559.953, F.S., constitutes a violation of the Florida
Deceptive and Unfair Trade Practices Act, and the Department of Legal Affairs may adopt rules
to collect and verify the required information. Additionally, regulation under s. 559.953, F.S., is
preempted to the Department of Legal Affairs.
The bill takes effect July 1, 2022.
II. Present Situation:
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
History and Purpose of FDUTPA
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) became law in 1973.1 The
FDUTPA is a consumer and business protection measure that prohibits unfair methods of
1
Ch. 73-124, Laws of Fla.; codified at part II of ch. 501, F.S.
BILL: SB 944 Page 2
competition, unconscionable acts or practices, and unfair or deceptive acts or practices in trade or
commerce.2 The FDUTPA is based on federal law, and s. 501.204(2), F.S., provides that it is the
intent of the Legislature that due consideration and great weight must be given to the
interpretations of the Federal Trade Commission and the federal courts relating to section 5 of
the Federal Trade Commission Act.3
The State Attorney or the Department of Legal Affairs may bring actions when it is in the public
interest on behalf of consumers or governmental entities.4 The Office of the State Attorney may
enforce violations of the FDUTPA if the violations take place in its jurisdiction.5 The
Department of Legal Affairs has enforcement authority if the violation is multi-jurisdictional, the
state attorney defers in writing, or the state attorney fails to act within 90 days after a written
complaint is filed.6 Consumers may also file suit through private actions.7
Remedies under the FDUTPA
The Department of Legal Affairs and the State Attorney, as enforcing authorities, may seek the
following remedies:
Declaratory judgments;
Injunctive relief;
Actual damages on behalf of consumers and businesses;
Cease and desist orders; and
Civil penalties of up to $10,000 per willful violation.8
Remedies for private parties are limited to the following:
A declaratory judgment and an injunction where a person is aggrieved by a FDUTPA
violation; and
Actual damages, attorney fees and court costs, where a person has suffered a loss due to a
FDUTPA violation.9
2
See s. 501.202, F.S. Trade or commerce means the advertising, soliciting, providing, offering, or distributing, whether by
sale, rental, or otherwise, of any good or service, or any property, whether tangible or intangible, or any other article,
commodity, or thing of value, wherever situated. “Trade or commerce” shall include the conduct of any trade or commerce,
however denominated, including any nonprofit or not-for-profit person or activity. See s. 501.203(8), F.S.
3
See s 501.204(2), F.S.
4
See ss. 501.203(2), 501.206, and 501.207, F.S.
5
Section 501.203(2), F.S.
6
Id.
7
Section 501.211, F.S.
8
Sections 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities
may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
9
Section 501.211(1) and (2), F.S.
BILL: SB 944 Page 3
Federal Unfair and Deceptive Trade Practices
The Federal Trade Commission’s (FTC’s) unfair and deceptive trade practices regulations
prohibit unfair10 or deceptive11 acts or practices in or affecting commerce.12 The FTC’s
regulations include “Truth In Advertising” guidelines, which require advertisements to be
truthful, not misleading, and, when appropriate, backed by scientific evidence.13 To enforce these
regulations, the FTC takes law enforcement actions, provides consumer and business education,
issues reports and policy guidance, leads workshops, and participates in other forums.14
The FTC also provides “online shopping” guidance to consumers.15 The guidance includes
confirming an online seller’s physical address and phone number, scrutinizing details provided
about a product, paying with credit card, keeping records of any transaction, and protecting
personal information.16 Additionally, the FTC offers resources on how to compare products
online, as well as where to go to report online shopping fraud.17
E-commerce Marketplace
As e-commerce grows, the sale of counterfeit goods alongside authentic products continues to be
a concern.18 In 2020, the Department of Homeland Security published a report detailing potential
strategies and policies to combat the trade of counterfeit goods.19 According to the report, e-
commerce platforms enable counterfeiters to produce products at lower prices, while also
reaching a larger number of potential customers.20 The report points to a scenario where third-
party marketplace websites contain photos of the real product, fake reviews of the counterfeit
product, and other information designed to mislead consumers.21
10
An “unfair” practice is unfair if it causes or is likely to cause substantial injury to consumers which is not reasonably
avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. See 15
U.S.C. Sec. 45(n).
11
A “deceptive” practice involves a material representation, omission or practice that is likely to mislead a consumer acting
reasonably in the circumstances. See FTC Policy Statement on Deception (Oct. 14, 1983) available at
https://www.ftc.gov/system/files/documents/public_statements/410531/831014deceptionstmt.pdf (last visited Jan. 14, 2022).
See also Federal Trade Commission, A Brief Overview of the Federal Trade Commission's Investigative, Law Enforcement,
and Rulemaking Authority (revised, May 2021) available at https://www.ftc.gov/about-ftc/what-we-do/enforcement-authority
(last visited Jan. 14, 2022).
12
15 U.S.C. s. 45(a)(1).
13
Federal Trade Commission, Truth In Advertising, available at https://www.ftc.gov/news-events/media-resources/truth-
advertising (last visited Jan. 14, 2022).
14
Federal Trade Commission, Protecting Consumers from Fraud and Deception, available at https://www.ftc.gov/news-
events/media-resources/truth-advertising/protecting-consumers (last visited Jan. 14, 2022).
15
See Federal Trade Commission, Shopping Online, available at https://www.consumer.ftc.gov/articles/0020-shopping-
online (last visited Jan. 14, 2022).
16
Id.
17
Id. See also Federal Trade Commission, Comparison Shopping, available at https://www.consumer.ftc.gov/shopping (last
visited Jan. 14, 2022).
18
See Department of Homeland Security, Combating Trafficking in Counterfeit and Pirated Goods (Jan. 24, 2020), available
at https://www.dhs.gov/sites/default/files/publications/20_0124_plcy_counterfeit-pirated-goods-report_01.pdf (last visited
Jan. 14, 2022).
19
Id.
20
Id. at 21.
21
Id. at 22.
BILL: SB 944 Page 4
The report also discusses how the online marketplace is changing consumer attitudes and
perceptions.22 For instance, shopping online makes it harder for consumers to identify what the
report calls traditional “red flag” indicators, which has the potential to cause safety risks when
consumers rely on false claims that certain products have health or safety certificates.23 The
report points out that this dynamic creates a lack of consumer trust, as well as harming the
reputation of brands or businesses.24
In 2019, the Organization for Economic Cooperation and Development (OECD) in partnership
with the EU Intellectual Property Office also published a study detailing trends in counterfeit and
pirated goods.25 According to the OECD, trade in fake goods infringe on trademarks and
copyright, while also potentially harming the health and safety of consumers.26 The OECD
reported that counterfeit and pirated goods were steadily rising, and in March of 2019, accounted
for 3.3 percent of global trade.27
Preemption
Local governments have broad authority to legislate on any matter that is not inconsistent with
federal or state law. A local government enactment may be inconsistent with state law if (1) the
Legislature has preempted a particular subject area or (2) the local enactment conflicts with a
state statute. Where state preemption applies, it precludes a local government from exercising
authority in that particular area.28
Florida law recognizes two types of preemption: express and implied. Express preemption
requires a specific legislative statement; it cannot be implied or inferred.29 Express preemption of
a field by the Legislature must be accomplished by clear language stating that intent.30 In cases
where the Legislature expressly or specifically preempts an area, there is no problem with
ascertaining what the Legislature intended.31
In cases determining the validity of ordinances enacted in the face of state preemption, the effect
has been to find such ordinances null and void.32 Implied preemption is actually a decision by the
courts to create preemption in the absence of an explicit legislative directive.33 Preemption of a
22
Id. at 14.
23
Id. at 15.
24
Id.
25
See Organization for Economic Cooperation and Development, Trends in Trade in Counterfeit and Pirated Goods (2019),
available at https://read.oecd-ilibrary.org/trade/trends-in-trade-in-counterfeit-and-pirated-goods_g2g9f533-en#page1 (last
visited Jan. 14, 2022).
26
See Organization for Economic Cooperation and Development, Trade in Fake Goods is now 3.3% of World Trading and
Rising (March 18, 2019), available at www.oecd.org/newsroom/trade-in-fake-goods-is-now-33-of-world-trade-and-
rising.htm (last visited Jan. 14, 2022).
27
Id.
28
See James R. Wolf and Sarah Harley Bolinder, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83
Fla. B.J. 92 (June 2009).
29
See City of Hollywood v. Mulligan, 934 So.2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894
So.2d 1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So.3d 309 (Fla. 2008).
30
Mulligan, 934 So.2d at 1243.
31
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So.3d 880, 886 (Fla. 2010).
32
See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
33
Phantom of Clearwater, Inc., 894 So.2d at 1019.
BILL: SB 944 Page 5
local government enactment is implied only where the legislative scheme is so pervasive as to
evidence an intent to preempt the particular area, and strong public policy reasons exist for
finding preemption.34 Implied preemption is found where the local legislation would present the
danger of conflict with the state's pervasive regulatory scheme.35
III. Effect of Proposed Changes:
The bill creates s. 559.953, F.S., and provides the following definitions:
“Consumer product” means a product that is used or bought for use primarily for personal,
family, or household purposes;
“High-volume third-party seller” means a participant in an online marketplace that is a third-
party seller and who, in any continuous 12-month period during the previous 24-months, has
entered into 200 or more discrete sales or transactions of new or unused consumer products
resulting in the accumulation of an aggregate total of $5,000 or more in gross revenues;36
“Online marketplace” means any consumer-directed electronically based or accessed
platform that includes features that allow for, facilitate, or enable third-party sellers to engage
in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the
United States, is used by one or more third-party sellers for such purposes, and has a
contractual or similar relationship with consumers governing their use of the platform to
purchase consumer products;
“Seller” means a person who sells, offers to sell, or contracts to sell a consumer product
through an online marketplace;
“Third-party seller” means any seller, independent of an operator, a facilitator, or an owner
of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in
the United States through an online marketplace;37 and
“Verify” means to confirm information and documentation provided to an online
marketplace by the use of one or more methods that enable the online marketplace to reliably
determine that any information and documents provided which correspond to the seller or an
individual acting on the seller’s behalf are valid, not misappropriated, and not falsified.
The bill establishes that an online marketplace must require high-volume third-party sellers to
provide the online marketplace with the following information within 10 business days after
qualifying as a high-volume third-party seller:
Deposit account information from a financial institution;
Contact information;38and
34
Id.
35
Sarasota Alliance for Fair Elections, Inc., 28 So.3d at 886.
36
Only sales or transactions made through the online marketplace for which payment was processed by the online
marketplace, either directly or through the seller’s payment processer, count towards the calculation for the number of
discrete sales or transactions or gross revenues.
37
The term “third-party seller” does not include, with respect to an online marketplace: a seller that operates the online
marketplace; a business entity that has made available to the general public the entity’s name, business address, and working
contact information; a business entity with an ongoing contractual relationship with the online marketplace to provide the
online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; or a
business entity that has provided to the online marketplace identifying information that has been verified.
38
Contact information includes: a valid e-mail address and working phone number; if the high-volume third-party seller is an
individual, a copy of a valid government-issued photo identification for the individual which includes the individual’s name
and physical address; if the high-volume third-party seller is not an individual, either a copy of a government-issued photo
BILL: SB 944 Page 6
A business tax identification number or, if the high-volume third party seller does not have a
business tax identification number, a taxpayer identification number.
The bill provides that the online marketplace must verify the information the high-volume third-
party seller provides under s. 559.953(2)(a), F.S., within 10 business days after receiving the
information. If the high-volume third-party seller provides any changes to the information, the
online marketplace must verify such changes within 10 business days after receiving the
information.39
The bill requires the online marketplace to annually notify each high-volume third-party seller
that they must inform the online marketplace of any changes to the information provided by the
seller within 10 business days after receiving the notification.40
The bill establishes that an online marketplace must require a high-volume third-party seller to
disclose to consumers in a conspicuous manner on the product listing, through a conspicuously
placed link on the product listing, or in the order confirmation message or other document of
communication made to the consumer after the purchase is finalized and in the consumer’s
account transaction history, all of the following information of any high-volume third party seller
with an aggregate total of $20,000 or more in annual gross revenues on its online platform:
The full name of the high-volume third-party seller;
The full physical address of the high-volume third-party seller;41
Contact information for the high-volume third-party seller, including a working telephone
number and working e-mail address to allow for direct, unhindered communication with the
high-volume third-party seller;42 and
The identification of any seller that supplies the consumer product to the consumer upon
purchase, if such seller is different than the high-volume third-party seller listed on the
consumer product listing before the purchase.
The bill provides that if an online marketplace becomes aware that a high-volume third-party
seller has made a false representation to the online marketplace in order to restrict access to the
full physical address, telephone number, or e-mail address required, then the online marketplace,
after providing the seller with written or electronic notice, must require the full disclosure of the
high-volume third-party seller’s full physical address, telephone number, and e-mail address. If
such information is not disclosed within 10 business days after notification, the online
identification for an individual acting on behalf of such seller which includes such individual’s name and physical address or
a copy of a government-issued record or tax document that includes the business name and physical address of the high-
volume third-party seller.
39
If a high-volume third-party seller provides a copy of a valid government-issued tax document, the information contained
within such document must be presumed verified as of the date of issuance of the document.
40
The online marketplace must include in the notification direction to each high-volume third-party seller to electronically
certify either that the seller’s information is unchanged or that the seller is providing changes to the information. The high-
volume third-party seller’s participation on the marketplace must be suspended until they have certified that their information
is unchanged or has provided any changed information and the information has been verified.
41
If the full physical address of the high-volume third-party seller is the primary residential address of such high-volume
third-party seller, only the city, state, and country of the high-volume third-party seller is required to be disclosed.
42
If the only telephone number of the high-volume third-party seller is the personal telephone number of the high-volume
third-party seller, then only the working e-mail address is required to be disclosed or the online marketplace must provide
other means of electronic messaging to contact the seller.
BILL: SB 944 Page 7
marketplace must suspend the selling privileges of the high-volume third-party seller on the
online marketplace until the required information is disclosed.
The bill requires an online marketplace to conspicuously, on the product listing of any high-
volume third-party seller, provide to consumers a reporting mechanism that allows for electronic
and telephonic reporting of suspicious marketplace activity to the online marketplace and a
message encouraging individuals seeking to purchase products to report suspicious activity to the
online marketplace.
The bill provides that an online marketplace is not prevented from providing additional
measures, electronic or otherwise, that it deems necessary to prevent the sale of fraudulent,
stolen, or counterfeit consumer products on its platform.
The bill establishes that a violation of s. 559.953, F.S., constitutes a violation of the Deceptive
and Unfair Trade Practices Act,43 and the Department of Legal Affairs may adopt rules to collect
and verify the required information.
The bill provides that the regulation under s. 559.953, F.S., is preempted to the Department of
Legal Affairs.
The bill takes effect July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
43
See part II of ch. 501, F.S.
BILL: SB 944 Page 8
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Marketplace providers will be required to verify high volume third-party sellers, as well
as require certain disclosures. This will potentially provide more safety within the online
marketplace.
C. Government Sector Impact:
This bill will potentially lead to an increase in the investigations and enforcement actions
undertaken by the Department of Legal Affairs relating to violations of the provisions of
this bill.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
The bill creates the following section of the Florida Statutes: 559.953.
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 - 2022 SB 944 Florida Senate - 2022 SB 944
By Senator Baxley
12-00821A-22 2022944__ 12-00821A-22 2022944__
1 A bill to be entitled 30 (1) DEFINITIONS.—As used in this section, the term:
2 An act relating to online marketplace transparency; 31 (a) “Consumer product” means a product that is used or
3 creating s. 559.953, F.S.; defining terms; requiring 32 bought for use primarily for personal, family, or household
4 online marketplaces to require high-volume third-party 33 purposes.
5 sellers using their service to provide certain 34 (b) “High-volume third-party seller” means a participant in
6 information to the online marketplace within a 35 an online marketplace that is a third-party seller and that, in
7 specified timeframe; requiring the online marketplace 36 any continuous 12-month period during the previous 24 months,
8 to verify such information, or changes to such 37 has entered into 200 or more discrete sales or transactions of
9 information, within a specified timeframe; providing 38 new or unused consumer products resulting in the accumulation of
10 that information on valid government-issued tax 39 an aggregate total of $5,000 or more in gross revenues. Only
11 documents is presumed verified as of the issuance 40 sales or transactions made through the online marketplace for
12 date; requiring an online marketplace to update and 41 which payment was processed by the online marketplace, either
13 require certification of the updated information at 42 directly or through the seller’s payment processer, count
14 least annually; requiring the online marketplace to 43 towards the calculation for the number of discrete sales or
15 suspend certain sellers who do not provide such a 44 transactions or the gross revenues.
16 certification or updated information; requiring online 45 (c) “Online marketplace” means any consumer-directed
17 marketplaces to disclose certain information in a 46 electronically based or accessed platform that:
18 specified manner; requiring disclosure of suppliers; 47 1. Includes features that allow for, facilitate, or enable
19 providing for enforcement; authorizing the Department 48 third-party sellers to engage in the sale, purchase, payment,
20 of Legal Affairs to adopt rules; preempting the 49 storage, shipping, or delivery of a consumer product in the
21 regulation of the verification and disclosure of such 50 United States;
22 information to the department; providing an effective 51 2. Is used by one or more third-party sellers for such
23 date. 52 purposes; and
24 53 3. Has a contractual or similar relationship with consumers
25 Be It Enacted by the Legislature of the State of Florida: 54 governing their use of the platform to purchase consumer
26 55 products.
27 Section 1. Section 559.953, Florida Statutes, is created to 56 (d) “Seller” means a person who sells, offers to sell, or
28 read: 57 contracts to sell a consumer product through an online
29 559.953 Disclosure of information by online marketplaces.— 58 marketplace.
Page 1 of 7 Page 2 of 7
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2022 SB 944 Florida Senate - 2022 SB 944
12-00821A-22 2022944__ 12-00821A-22 2022944__
59 (e) “Third-party seller” means any seller, independent of 88 institution. If the high-volume third-party seller does not have
60 an operator, a facilitator, or an owner of an online 89 deposit account information at a financial institution, such
61 marketplace, that sells, offers to sell, or contracts to sell a 90 seller must provide the online marketplace with the name of the
62 consumer product in the United States through an online 91 payee for payments issued by the online marketplace to the high-
63 marketplace. The term does not include, with respect to an 92 volume third-party seller, and the information must be confirmed
64 online marketplace: 93 by the online marketplace or by another third party contracted
65 1. A seller that operates the online marketplace; 94 by the online marketplace.
66 2. A business entity that has made available to the general 95 2. Contact information, including all of the following:
67 public the entity’s name, business address, and working contact 96 a. A valid e-mail address and working phone number.
68 information; 97 b. If the high-volume third-party seller is an individual,
69 3. A business entity with an ongoing contractual 98 a copy of a valid government-issued photo identification for the
70 relationship with the online marketplace to provide the online 99 individual which includes the individual’s name and physical
71 marketplace with the manufacture, distribution, wholesaling, or 100 address.
72 fulfillment of shipments of consumer products; or 101 c. If the high-volume third-party seller is not an
73 4. A business entity that has provided to the online 102 individual, either a copy of a government-issued photo
74 marketplace identifying information that has been verified. 103 identification for an individual acting on behalf of such seller
75 (f) “Verify” means to confirm information and documentation 104 which includes such individual’s name and physical address or a
76 provided to an online marketplace by the use of one or more 105 copy of a government-issued record or tax document that includes
77 methods that enable the online marketplace to reliably determine 106 the business name and physical address of the high-volume third-
78 that any information and documents provided which correspond to 107 party seller.
79 the seller or an individual acting on the seller’s behalf are 108 3. A business tax identification number or, if the high-
80 valid, not misappropriated, and not falsified. 109 volume third-party seller does not have a business tax
81 (2) VERIFICATION.— 110 identification number, a taxpayer identification number.
82 (a) An online marketplace shall require that any high- 111 (b) The online marketplace shall verify the information the
83 volume third-party seller on the online marketplace provide the 112 high-volume third-party seller provides under this subsection
84 online marketplace with all of the following information within 113 within 10 business days after receiving such information. If the
85 10 business days after qualifying as a high-volume third-party 114 high-volume third-party seller provides any changes to the
86 seller: 115 information, the online marketplace must verify such changes
87 1. Deposit account information from a financial 116 within 10 business days after receiving the information. If a
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117 high-volume third-party seller provides a copy of a valid 146 1. The full name of the high-volume third-party seller.
118 government-issued tax document, the information contained within 147 2. The full physical address of the high-volume third-party
119 such tax document shall be presumed verified as of the date of 148 seller. If the full physical address of the high-volume third-
120 issuance of such document. 149 party seller is the primary residential address of such high-
121 (c) The online marketplace shall, on at least an annual 150 volume third-party seller, only the city, state, and country of
122 basis, notify each high-volume third-party seller on the online 151 the high-volume third-party seller is required to be disclosed.
123 marketplace that such seller must inform the online marketplace 152 3. Contact information for the high-volume third-party
124 of any changes to the information previously provided by the 153 seller, including a working telephone number and working e-mail
125 seller within 10 business days after receiving the notification. 154 address to allow for direct, unhindered communication with the
126 The notification must require the high-volume third-party seller 155 high-volume third-party seller. If the only telephone number of
127 to either electronically certify that the high-volume third- 156 the high-volume third-party seller is the personal telephone
128 party seller’s information is unchanged or provide changes to 157 number of the high-volume third-party seller, then only the
129 the information as necessary. If the online marketplace becomes 158 working e-mail address is required to be disclosed or the online
130 aware that a high-volume third-party seller has not certified 159 marketplace must provide other means of electronic messaging to
131 that such information is unchanged or provided such changed 160 contact such seller.
132 information within 10 business days after receiving such 161 4. The identification of any seller that supplies the
133 notification, the online marketplace must suspend the selling 162 consumer product to the consumer upon purchase, if such seller
134 privileges of the high-volume third-party seller until such 163 is different than the high-volume third-party seller listed on
135 seller provides such certification or changed information. 164 the consumer product listing before the purchase.
136 (3) DISCLOSURE.— 165 (b) If an online marketplace becomes aware that a high-
137 (a) An online marketplace shall disclose to consumers in a 166 volume third-party seller has made a false representation to the
138 conspicuous manner on the product listing, through a 167 online marketplace in order to restrict access to the full
139 conspicuously placed link on the product listing, or in the 168 physical address, telephone number, or e-mail address required
140 order confirmation message or other document or communication 169 in paragraph (a), the online marketplace must, after providing
141 made to the consumer after the purchase is finalized and in the 170 the seller with written or electronic notice, require the full
142 consumer’s account transaction history, all of the following 171 disclosure of the high-volume third-party seller’s full physical
143 information of any high-volume third party seller with an 172 address, telephone number, and e-mail address. If such
144 aggregate total of $20,000 or more in annual gross revenues on 173 information is not disclosed within 10 business days after
145 its online platform: 174 notification, the online marketplace must suspend the selling
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175 privileges of the high-volume third-party seller on the online
176 marketplace until the required information is disclosed.
177 (c) An online marketplace shall provide to consumers, in a
178 conspicuous manner on the consumer product listing of any high-
179 volume third-party seller, a reporting mechanism that allows for
180 electronic and telephonic reporting of suspicious marketplace
181 activity to the online marketplace and a message encouraging
182 individuals seeking goods for purchase to report suspicious
183 activity to the online marketplace.
184 (d) This subsection does not prevent an online marketplace
185 from providing any additional measures, electronic or otherwise,
186 that it deems necessary to prevent the sale of fraudulent,
187 stolen, or counterfeit consumer products on its platform.
188 (4) ENFORCEMENT.—A violation of this section constitutes a
189 violation of the Deceptive and Unfair Trade Practices Act under
190 part II of chapter 501. A person who violates this section is
191 subject to the penalties and remedies provided therein.
192 (5) RULES.—The Department of Legal Affairs may adopt rules
193 with respect to collecting and verifying information under this
194 section, provided that such rules are limited to what is
195 necessary to collect and verify such information.
196 (6) PREEMPTION.—The regulation of the requirement for
197 online marketplaces to verify information from high-volume
198 third-party sellers on a one-time or ongoing basis or disclose
199 information to consumers is preempted to the department. A local
200 governmental entity may not establish, mandate, or otherwise
201 require the verification or disclosure of such information.
202 Section 2. This act shall take effect July 1, 2022.
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The Florida Senate
Committee Agenda Request
To: Senator Ed Hooper, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: January 5, 2022
I respectfully request that Senate Bill #1310, relating to Florida Main Street Program and
Historic Preservation Tax Credits, 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)
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 1310
INTRODUCER: Senator Rodriguez
SUBJECT: Florida Main Street Program and Historic Preservation Tax Credits
DATE: January 14, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Favorable
2. FT
3. AP
I. Summary:
SB 1310 creates the Main Street Historic Tourism and Revitalization Act (Act), which provides a
tax credit against corporate income taxes and insurance premium taxes for qualified expenses
incurred in the rehabilitation of a certified historic structure.
The tax credit may not exceed 20 percent of qualified expenses incurred in the rehabilitation of a
certified historic structure that has been approved by the National Park Service to receive the
federal historic rehabilitation tax credit or 30 percent of the total qualified expenses incurred in
the rehabilitation of a certified historic structure that has been approved by the National Park
Service to receive the federal historic rehabilitation tax credit that is located within a local
program area of an Accredited Main Street Program.
Any unused amount may be carried forward for a period up to 10 years. There is no limit on the
total number of transactions for the sale or transfer of all or part of a tax credit. However,
qualified expenses may only be counted once in determining the amount of an available tax
credit, and more than one taxpayer may not claim a tax credit for the same qualified expenses.
The Revenue Estimating Conference has not yet reviewed the economic impact of this bill.
The bill takes effect on July 1, 2022.
BILL: SB 1310 Page 2
II. Present Situation:
National Register of Historic Places
The National Historic Register of Historic Places,1 under the National Park Service, is “part of a
national program to coordinate and support public and private efforts to identify, evaluate, and
protect America’s historic and archeological resources.”2 The program reviews property
nominations and lists eligible properties in the National Register; offers guidance on evaluating,
documenting, and listing historic places, and helps qualified historic properties receive
preservation benefits and incentives.3
Properties listed in the National Register are eligible for federal preservation tax credits. A 20
percent income tax credit is available for the rehabilitation of historic, income-producing
buildings that are determined by the Secretary of the Interior, through the National Park Service,
to be certified historic structures.4
Main Street America
Main Street America, a program under the National Main Street Center,5 is a network of
grassroots organizations that “revitalizes older and historic commercial districts to build vibrant
neighborhoods and thriving economies.”6 The program offers community-based revitalization
initiatives to transform downtowns. In order to be designated as either an affiliate or accredited
member of Main Street America, a community must first become a member of the National Main
Street Center and meet certain requirements.7 Main Street America has coordinating programs
that are organized at the state, county, and city level that partner with the National Main Street
Center to provide support and training to Main Street America communities.
Florida has two coordinating programs: Florida Main Street America located in Tallahassee and
Orlando Main Street located in Orlando.8 Florida Main Street is administered by the Division of
Historical Resources (division) under the Florida Department of State.9 Forty-five Florida Main
1
54 U.S.C., § 3021.
2
U.S. Department of the Interior, National Park Service, National Register of Historic Places, What is the National Register
of Historic Places?, available at https://www.nps.gov/subjects/nationalregister/what-is-the-national-register.htm (last visited
Jan. 14, 2022).
3
Id.
4
U.S. Department of the Interior, National Park Service, Technical Preservation Services, available at
https://www.nps.gov/tps/tax-incentives.htm (last visited Jan. 14, 2022).
5
The National Main Street Center was established in 1980 as a program of the National Trust for Historic Preservation as a
way to address issues facing aging and historic downtowns. The Center launched the Main Street America program in 2015.
See Main Street America, About Us, available at https://www.mainstreet.org/about-us (last visited Jan. 14, 2022).
6
Main Street America, About Us, available at https://www.mainstreet.org/about-us (last visited Jan. 14, 2022).
7
Main Street America, Designation, available at https://higherlogicdownload.s3.amazonaws.com/NMSC/390e0055-2395-
4d3b-af60-81b53974430d/UploadedImages/Main_Street_America_Tier_System_Overview_-_2021_July_Update.pdf (last
visited Jan. 14, 2022).
8
Main Street America, Coordinating Programs, available at
https://higherlogicdownload.s3.amazonaws.com/NMSC/390e0055-2395-4d3b-af60-
81b53974430d/UploadedImages/The_Programs/2020_Coordinating_Program_List.pdf (last visited Jan. 14, 2022).
9
Section 267.031(5), F.S.
BILL: SB 1310 Page 3
Streets and 10 Orlando Main Streets have received technical assistance toward the goal of
revitalizing historic downtowns and encouraging economic development.10
Corporate Income Tax
Florida levies a 5.5 percent tax on certain income of corporations and financial institutions doing
business in Florida.11 Florida utilizes the taxable income determined for federal income tax
purposes as a starting point to determine the total amount of Florida corporate income tax due.12
This means that a corporation paying taxes in Florida generally receives the same benefits from
deductions allowed when determining taxable income for federal tax purposes as it does when
determining taxable income for state taxation purposes.
Insurance Premium Tax
Florida imposes a 1.75 percent tax on most Florida insurance premiums.13 Insurance premium
taxes are paid by insurance companies under ch. 624, F.S., and are remitted to the Department of
Revenue (DOR). These revenues are distributed to General Revenue.
III. Effect of Proposed Changes:
The bill creates the Main Street Historic Tourism and Revitalization Act (Act) which provides a
tax credit against corporate income tax and insurance premium tax for qualified expenses14
incurred in the rehabilitation of a certified historic structure.
Eligibility
A taxpayer must apply to the DOR for a tax credit before taking a credit on their return and must
document that:
The rehabilitation is a certified rehabilitation;15
The structure is a certified historic structure,16 is income-producing, is located within the
state, and was rehabilitated and placed into service on or after July 1, 2022;
10
Visit Florida, Florida Main Street Programs Have Stories to Tell, available at https://www.visitflorida.com/travel-
ideas/articles/florida-main-street/ (last visited Jan. 14, 2022).
11
Section 220.11(2), F.S.
12
Section 220.12, F.S.
13
Section 624.509, F.S.
14
The bill defines “qualified expenses” as qualified rehabilitation expenditures (defined in 26 U.S.C., §47(c)(2)) and
structural components (defined in 26 C.F.R., § 1.48-1(e)(2)) at the time of project certification by the U.S. Secretary of the
Interior and the U.S. Internal Revenue Service (IRS).
15
The bill defines “certified rehabilitation” as the rehabilitation of a certified historic structure that the U.S. Secretary of the
Interior has certified to the U.S. Secretary of the Treasury as being consistent with the historic character of the certified
historic structure and, if applicable, consistent with the registered historic district in which the structure is located. See 36
C.F.R., § 67.2
16
The bill defines a “certified historic structure” as a building and its structural components which is of a character subject to
the allowance for depreciation provided in s. 167 of the Internal Revenue Code and which is listed on the National Register
of Historic Places or located within a registered historic district and certified by the U.S. Secretary of the Interior as being of
historic significance to the registered historic district.
BILL: SB 1310 Page 4
The taxpayer had an ownership interest in the certified historic structure in the year during
which the certified historic structure was placed into service after the certified rehabilitation
was complete; and
The total amount of qualified expenses incurred in rehabilitating the certified historic
structure exceeded $5,000.
Filing Requirements
Before claiming or transferring a tax credit, the taxpayer must provide the following information
to the DOR:
An official certificate of eligibility from the division attesting that the project has been
approved by the National Park Service and confirming whether the project is or is not located
within a Main Street local program;
National Park Service Form 10-168c, signed by the National Park Service attesting that the
completed rehabilitation meets the U.S. Secretary of the Interior’s Standards for
Rehabilitation and is consistent with the historic character of the property and, if applicable,
the district in which the completed rehabilitation is located;
Identification of the dates during which the structure was rehabilitated, the date the structure
was first placed into service after certified rehabilitation was completed, and evidence that
the structure was placed into service after the certified rehabilitation was completed;
A list of total qualified expenses incurred by the taxpayer in rehabilitation the certified
historic structure. For certified rehabilitations with qualified expenses that exceeded
$750,000, the taxpayer must submit an audited cost report that itemizes the qualified
expenses incurred in rehabilitating the structure as provided in the Florida Single Audit Act.
An attestation of the total qualified expenses incurred by the taxpayer in rehabilitating the
certified historic structure;
A completed “Florida Corporate Income/Franchise Tax Return” form issued by the DOR for
insurance premium tax reporting; and
The information required to be reported by the DOR to enable the DOR to compile its annual
report based on the tax credit applications submitted and approved.
Amount and Carryforward of Tax Credit
The tax credit may be used to offset the corporate income tax and the insurance premium tax.
The total tax credit claimed annually may not exceed the amount of tax due after any other
applicable tax credits and may not exceed:
Twenty percent of the total qualified expenses incurred in rehabilitating a certified historic
structure that has been approved by the National Park Service to receive the federal historic
rehabilitation tax credit; or
Thirty percent of the total qualified expenses incurred in rehabilitating a certified historic
structure that has been approved by the National Park Service to receive the federal historic
rehabilitation tax credit and that is located within a local program area of an Accredited Main
Street Program.
If a taxpayer is eligible for a tax credit that exceeds taxes owed, the taxpayer may carry the
unused tax credit forward for a period of up to 10 years.
BILL: SB 1310 Page 5
Sale or Transfer of Tax Credit
The bill provides that there is no limit on the total number of transactions for the sale or transfer
of all or part of a tax credit. However, qualified expenses may only be counted once in
determining the amount of an available tax credit, and more than one taxpayer may not claim a
tax credit for the same qualified expenses.
A taxpayer that sells or transfers a tax credit, and the purchaser or transferee must jointly submit
written notice of the sale or transfer to the DOR no later than the 30th day after the date of the
sale or transfer. The notice must include the following information:
The date of the sale or transfer;
The amount of the tax credit sold or transferred;
The name and federal tax identification number of the taxpayer that sold or transferred the
tax credit and the purchaser or transferee; and
The amount of the tax credit owed by the taxpayer before the sale or transfer and the amount
the selling or transferring taxpayer retained, if any, after the sale or transfer.
The sale or transfer of a tax credit does not extend the period for which a tax credit may be
carried forward and does not increase the total amount of the tax credit that may be claimed.
A tax credit earned, purchased, or transferred to a partnership, limited liability company, S
corporation, or other pass-through taxpayer may be allocated to the partners, members, or
shareholders of that taxpayer and without regard to the ownership interest of the partners,
members, or shareholders in the rehabilitated certified historic structure.
If the tax credit is reduced due to a determination, examination, or audit by the DOR, the tax
deficiency must be recovered from the taxpayer that sold or transferred the tax credit or the
purchaser or transferee that claimed the tax credit up to the amount of the tax credit taken. Any
subsequent deficiencies must be assessed against the purchaser or transferee that claimed the tax
credit, or in the case of multiple succeeding entities, in the order of tax credit succession.
DOR Audit Authority
The DOR is authorized to perform additional financial and technical audits and examinations,
including examining the accounts, books, or records of the tax credit applicant, to verify the
legitimacy of the qualified expenses included in a tax credit return and to ensure compliance.
It is grounds for forfeiture of previously claimed and received tax credits if the DOR determines
that a taxpayer received a tax credit to which the taxpayer was not entitled. The taxpayer must
return the forfeited tax credits to the DOR, which will then be paid into the General Revenue
Fund.
The taxpayer must file an amended tax return and pay any required tax within 60 days after the
taxpayer receives notification from the IRS that a previously approved tax credit has been
revoked or modified, if uncontested, or within 60 days after a final order is issued following
proceedings involving a contested revocation or modification order.
BILL: SB 1310 Page 6
The DOR may issue a notice of deficiency at any time within five years after the date on which
the taxpayer receives notification from the IRS that a previously approved tax credit has been
revoked or modified.
The DOR may issue a notice of deficiency at any time if the taxpayer fails to notify the DOR of
any change in its tax credit claimed. The amount of any proposed assessment in the notice of
deficiency is limited to the amount of any deficiency from the precomputation of the taxpayer’s
tax for the taxable year. Furthermore, a taxpayer is subject to applicable penalties and interest for
failing to report and timely paying any tax due as a result of the forfeiture of its tax credit.
Other Provisions
The DOR must provide an annual report that identifies, in the aggregate, the number of
employees hired during construction phases, the use of each newly rehabilitated building and the
expected number of employees hired, the number of affordable housing units created or
preserved, and the property values before and after the certified rehabilitations.
The DOR must also establish any necessary forms required to claim a tax credit; provide
administrative guidelines and procedures required to administer the Act, including rules
establishing an entitlement to and sale or transfer of a tax credit; and provide examination and
audit procedures required to administer the Act.
The DOR is granted rulemaking authority to administer the Act.
The bill takes effect on July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
BILL: SB 1310 Page 7
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The Revenue Estimating Conference has not yet determined a fiscal impact of the bill.
B. Private Sector Impact:
Taxpayers who have ownership interest in a certified historic structure in the year during
which the structure was placed into service after the certified rehabilitation was complete
may be eligible to receive a tax credit to offset corporate income taxes and insurance
premium taxes for qualified expenses incurred in the rehabilitation of the certified
historic structure.
C. Government Sector Impact:
According to the DOR, the bill will have a non-recurring negative fiscal impact in the
amount of $250,772 for fiscal year 2021-2022 in order to make modifications to the
DOR’s software systems, databases and applications.17
Additionally, new rules and forms would need to be promulgated in order to administer
the tax credit.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The DOR raised the following concerns:
The bill does not provide for a cooperative agreement between the DOR and the division to
assist with the administration of the program.
The DOR requests emergency rulemaking authority to administer the Act.
The DOR is authorized to perform audits to verify the legitimacy of the qualified expenses
included in a tax credit return; however, the DOR lacks the expertise and experience to
perform such audits. The division may need to assist the DOR with the audits.
The bill provides that it is grounds for forfeiture of previously claimed and received tax
credits if the DOR determines, as a result of an audit or information received from the
division of the U.S. Department of the Interior, that a taxpayer received a tax credit to which
the taxpayer was not entitled. It is unclear how the DOR would receive information from the
division or the U.S. Department of the Interior because the bill does not provide for
information sharing among the three entities.
The annual report requires the DOR to list “employees hired.” It is unclear what that term
means. The report also requires the DOR to identify the number of affordable housing units
created or preserved. The bill does not define the term “affordable housing unit.”
17
Florida Department of Revenue, SB 1310 analysis (2022). On file with Senate Commerce & Tourism Committee.
BILL: SB 1310 Page 8
VIII. Statutes Affected:
This bill creates section 220.197 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 - 2022 SB 1310 Florida Senate - 2022 SB 1310
By Senator Rodriguez
39-01155A-22 20221310__ 39-01155A-22 20221310__
1 A bill to be entitled 30 WHEREAS, repurposing historic buildings saves resources and
2 An act relating to the Florida Main Street Program and 31 activates vacant spaces, and
3 historic preservation tax credits; creating s. 32 WHEREAS, historic rehabilitation projects leverage
4 220.197, F.S.; providing a short title; defining 33 significant private investment, and
5 terms; specifying eligibility requirements for 34 WHEREAS, leveraging state tax incentives increases the
6 receiving specified tax credits for taxpayers that 35 effectiveness of federal Historic Preservation Tax Incentives
7 rehabilitate certified historic structures; specifying 36 and the Opportunity Zones Program to encourage the historic
8 requirements for claiming or transferring specified 37 preservation of existing buildings, and
9 tax credits; specifying the amount of tax credits; 38 WHEREAS, an increase in rehabilitation activity occurs when
10 authorizing the carryforward, sale, and transfer of 39 a state incentive is combined with federal Historic Preservation
11 tax credits; providing the Department of Revenue audit 40 Tax Incentives, and
12 and examination powers for specified purposes related 41 WHEREAS, many historic buildings in the state need safety
13 to certified rehabilitation expenses; requiring the 42 upgrades and other improvements that require both public and
14 return of forfeited tax credits under certain 43 private investment to return these buildings as assets of their
15 circumstances; providing penalties; requiring the 44 local communities, NOW, THEREFORE,
16 department to provide specified annual reports to the 45
17 Legislature; providing duties of the department; 46 Be It Enacted by the Legislature of the State of Florida:
18 authorizing the department to adopt rules; providing 47
19 an effective date. 48 Section 1. Section 220.197, Florida Statutes, is created to
20 49 read:
21 WHEREAS, historic revitalization creates highly paid local 50 220.197 The Main Street Historic Tourism and Revitalization
22 construction jobs, and 51 Act; tax credits; reports.—
23 WHEREAS, historic rehabilitation increases the value of 52 (1) SHORT TITLE.—This act may be cited as the “Main Street
24 buildings and results in a growing state and local tax base, and 53 Historic Tourism and Revitalization Act.”
25 WHEREAS, historic revitalization boosts heritage tourism 54 (2) DEFINITIONS.—As used in this section, the term:
26 and creates thriving downtowns that are attractive to main 55 (a) “Accredited Main Street Program” means an active
27 street businesses, and 56 Florida Main Street Program or the Orlando Main Streets program,
28 WHEREAS, reusing historic buildings creates affordable 57 provided that such program meets the Main Street America
29 spaces for small business incubation, and 58 accreditation standards. An Accredited Main Street Program must:
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59 1. Have broad-based community support for the commercial 88 the Treasury as being consistent with the historic character of
60 district revitalization process with strong support from the 89 the certified historic structure and, if applicable, consistent
61 public and private sectors. 90 with the registered historic district in which the certified
62 2. Have a developed vision and mission statement relevant 91 historic structure is located as set forth in 36 C.F.R. s. 67.2.
63 to community conditions and to Main Street America’s 92 (d) “Division” means the Division of Historical Resources
64 organizational stage. 93 of the Department of State.
65 3. Have a comprehensive Main Street America work plan. 94 (e) “Florida Main Street Program” means a statewide
66 4. Possess a historic preservation ethic. 95 historic preservation-based downtown revitalization assistance
67 5. Have an active board of directors and committees. 96 program created, maintained, and administered by the division
68 6. Have an adequate operating budget. 97 under s. 267.031(5).
69 7. Have a paid professional program manager. 98 (f) “Local program area” means the specific geographic area
70 8. Conduct a program of ongoing training for staff and 99 in which an Accredited Main Street Program is conducted as
71 volunteers. 100 approved and maintained by the division or in which the Orlando
72 9. Report key statistics. 101 Main Streets program is conducted.
73 10. Be a current member of Main Street America. 102 (g) “Main Street America” means a national network of
74 (b) “Certified historic structure” means a building and its 103 grassroots organizations revitalizing historic downtown areas
75 structural components as defined in 36 C.F.R. s. 67.2 which is 104 under the leadership of the National Main Street Center, Inc., a
76 of a character subject to the allowance for depreciation 105 subsidiary of the National Trust for Historic Preservation.
77 provided in s. 167 of the Internal Revenue Code of 1986, as 106 (h) “National Register of Historic Places” means the list
78 amended, and which is: 107 of historic properties significant in American history,
79 1. Individually listed in the National Register of Historic 108 architecture, archeology, engineering, and culture maintained by
80 Places; or 109 the United States Secretary of the Interior as authorized in 54
81 2. Located within a registered historic district and 110 U.S.C. s. 3021.
82 certified by the United States Secretary of the Interior as 111 (i) “Orlando Main Streets” means a historic preservation-
83 being of historic significance to the registered historic 112 based district revitalization program administered by the City
84 district as set forth in 36 C.F.R. s. 67.2. 113 of Orlando.
85 (c) “Certified rehabilitation” means the rehabilitation of 114 (j) “Qualified expenses” means qualified rehabilitation
86 a certified historic structure that the United States Secretary 115 expenditures as defined in 26 U.S.C. s. 47(c)(2) and structural
87 of the Interior has certified to the United States Secretary of 116 components as defined in 26 C.F.R. s. 1.48-1(e)(2) at the time
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117 of project certification by the United States Secretary of the 146 transferring a tax credit under this section, the taxpayer must
118 Interior and the United States Internal Revenue Service. 147 provide the department with the following information:
119 (k) “Registered historic district” means a district listed 148 (a) An official certificate of eligibility from the
120 in the National Register of Historic Places or a district: 149 division signed by the State Historic Preservation Officer or
121 1. Designated under general law or local ordinance and 150 the Deputy State Historic Preservation Officer attesting that
122 certified by the United States Secretary of the Interior as 151 the project has been approved by the National Park Service and
123 containing criteria that will substantially achieve the purposes 152 confirming whether the project is or is not located within a
124 of preserving and rehabilitating buildings of historic 153 Main Street local program area.
125 significance to the district; and 154 (b) National Park Service Form 10-168c (Rev. 2019), titled
126 2. Certified by the United States Secretary of the Interior 155 “Historic Preservation Certification Application–Part 3-Request
127 as meeting substantially all of the requirements for listing a 156 for Certification of Completed Work,” signed by the National
128 district in the National Register of Historic Places. 157 Park Service attesting that the completed rehabilitation meets
129 (3) ELIGIBILITY FOR TAX CREDIT.—To claim and receive a tax 158 the United States Secretary of the Interior’s Standards for
130 credit under this section, a taxpayer must first apply to the 159 Rehabilitation and is consistent with the historic character of
131 department for a tax credit for qualified expenses in the amount 160 the property and, if applicable, the district in which the
132 and under the conditions and limitations provided in this 161 completed rehabilitation is located. The form may be obtained
133 section against the tax due for a taxable year under this 162 through the National Park Service.
134 chapter and must document that: 163 (c) An identification of the dates during which the
135 (a) The rehabilitation is a certified rehabilitation. 164 certified historic structure was rehabilitated, the date the
136 (b) The structure is a certified historic structure, is 165 certified historic structure was first placed into service after
137 income-producing, is located within the state, and was 166 the certified rehabilitation was completed, and evidence that
138 rehabilitated and placed into service on or after July 1, 2022. 167 the certified historic structure was placed into service after
139 (c) The taxpayer had an ownership interest in the certified 168 the certified rehabilitation was completed.
140 historic structure in the year during which the certified 169 (d) A list of total qualified expenses incurred by the
141 historic structure was placed into service after the certified 170 taxpayer in rehabilitating the certified historic structure. For
142 rehabilitation was completed. 171 certified rehabilitations with qualified expenses that exceeded
143 (d) The total amount of qualified expenses incurred in 172 $750,000, the taxpayer must submit an audited cost report issued
144 rehabilitating the certified historic structure exceeded $5,000. 173 by a certified public accountant that itemizes the qualified
145 (4) TAX CREDIT FILING REQUIREMENTS.—Before claiming or 174 expenses incurred in rehabilitating the certified historic
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175 structure as provided in s. 215.97. 204 for a period of up to 10 years.
176 (e) An attestation of the total qualified expenses incurred 205 (b) A carryforward is considered the remaining portion of a
177 by the taxpayer in rehabilitating the certified historic 206 tax credit that cannot be claimed in the current tax year.
178 structure. 207 (7) SALE OR TRANSFER OF TAX CREDIT.—
179 (f) A completed Form F-1120, titled “Florida Corporate 208 (a) A taxpayer that incurs qualified expenses may sell or
180 Income/Franchise Tax Return,” or other appropriate tax form 209 transfer all or part of the tax credit that may otherwise be
181 issued by the department for insurance premium tax reporting. 210 claimed to another taxpayer.
182 (g) The information required to be reported by the 211 (b) A taxpayer to which all or part of the tax credit is
183 department in subsection (9) to enable the department to compile 212 sold or transferred may sell or transfer all or part of the tax
184 its annual report. 213 credit that may otherwise be claimed to another taxpayer.
185 (5) AMOUNT OF TAX CREDIT.—The total tax credit claimed 214 (c) A taxpayer that sells or transfers a tax credit to
186 annually may not exceed the amount of tax due after any other 215 another taxpayer must provide a copy of the certificate of
187 applicable tax credits and may not exceed the following: 216 eligibility together with the audited cost report to the
188 (a) Twenty percent of the total qualified expenses incurred 217 purchaser or transferee.
189 in rehabilitating a certified historic structure that has been 218 (d) Qualified expenses may only be counted once in
190 approved by the National Park Service to receive the federal 219 determining the amount of an available tax credit, and more than
191 historic rehabilitation tax credit; or 220 one taxpayer may not claim a tax credit for the same qualified
192 (b) Thirty percent of the total qualified expenses incurred 221 expenses.
193 in rehabilitating a certified historic structure that has been 222 (e) There is no limit on the total number of transactions
194 approved by the National Park Service to receive the federal 223 for the sale or transfer of all or part of a tax credit.
195 historic rehabilitation tax credit and that is located within a 224 (f)1. A taxpayer that sells or transfers a tax credit under
196 local program area of an Accredited Main Street Program. 225 this subsection and the purchaser or transferee shall jointly
197 226 submit written notice of the sale or transfer to the department
198 The tax credit may be used to offset the corporate income tax 227 on a form adopted by the department no later than the 30th day
199 imposed in s. 220.11 and the insurance premium tax imposed in s. 228 after the date of the sale or transfer. The notice must include
200 624.509. 229 all of the following:
201 (6) CARRYFORWARD OF TAX CREDIT.— 230 a. The date of the sale or transfer.
202 (a) If a taxpayer is eligible for a tax credit that exceeds 231 b. The amount of the tax credit sold or transferred.
203 taxes owed, the taxpayer may carry the unused tax credit forward 232 c. The name and federal tax identification number of the
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233 taxpayer that sold or transferred the tax credit and the 262 credit succession.
234 purchaser or transferee. 263 (8) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
235 d. The amount of the tax credit owed by the taxpayer before 264 CREDITS; FRAUDULENT CLAIMS.—
236 the sale or transfer and the amount the selling or transferring 265 (a) The department may perform any additional financial and
237 taxpayer retained, if any, after the sale or transfer. 266 technical audits and examinations, including examining the
238 2. The sale or transfer of a tax credit under this 267 accounts, books, or records of the tax credit applicant, to
239 subsection does not extend the period for which a tax credit may 268 verify the legitimacy of the qualified expenses included in a
240 be carried forward and does not increase the total amount of the 269 tax credit return and to ensure compliance with this section.
241 tax credit that may be claimed. 270 (b) It is grounds for forfeiture of previously claimed and
242 3. If a taxpayer claims a tax credit for qualified 271 received tax credits if the department determines, as a result
243 expenses, another taxpayer may not use the same expenses as the 272 of an audit or information received from the division or the
244 basis for claiming a tax credit. 273 United States Department of the Interior, that a taxpayer
245 4. Notwithstanding the requirements of this subsection, a 274 received a tax credit pursuant to this section to which the
246 tax credit earned by, purchased by, or transferred to a 275 taxpayer was not entitled. In the case of fraud, the taxpayer
247 partnership, limited liability company, S corporation, or other 276 may not claim any future tax credits under this section.
248 pass-through taxpayer may be allocated to the partners, members, 277 (c) The taxpayer must return forfeited tax credits to the
249 or shareholders of that taxpayer and claimed under this section 278 department and such funds shall be paid into the General Revenue
250 in accordance with any agreement among the partners, members, or 279 Fund.
251 shareholders and without regard to the ownership interest of the 280 (d) The taxpayer shall file with the department an amended
252 partners, members, or shareholders in the rehabilitated 281 tax return or such other report as the department prescribes and
253 certified historic structure. 282 shall pay any required tax within 60 days after the taxpayer
254 (g) If the tax credit is reduced due to a determination, 283 receives notification from the United States Internal Revenue
255 examination, or audit by the department, the tax deficiency 284 Service that a previously approved tax credit has been revoked
256 shall be recovered from the taxpayer that sold or transferred 285 or modified, if uncontested, or within 60 days after a final
257 the tax credit or the purchaser or transferee that claimed the 286 order is issued following proceedings involving a contested
258 tax credit up to the amount of the tax credit taken. 287 revocation or modification order.
259 (h) Any subsequent deficiencies shall be assessed against 288 (e) A notice of deficiency may be issued by the department
260 the purchaser or transferee that claimed the tax credit or, in 289 at any time within 5 years after the date on which the taxpayer
261 the case of multiple succeeding entities, in the order of tax 290 receives notification from the United States Internal Revenue
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291 Service that a previously approved tax credit has been revoked 320 required to administer this section, including rules
292 or modified. 321 establishing an entitlement to and sale or transfer of a tax
293 (f) If a taxpayer fails to notify the department of any 322 credit under this section.
294 change in its tax credit claimed, a notice of deficiency may be 323 (c) Provide examination and audit procedures required to
295 issued at any time. In either case, the amount of any proposed 324 administer this section.
296 assessment set forth in such notice of deficiency is limited to 325 (11) RULES.—The department may adopt rules to administer
297 the amount of any deficiency resulting under this section from 326 this section.
298 the precomputation of the taxpayer’s tax for the taxable year. 327 Section 2. This act shall take effect July 1, 2022.
299 (g) A taxpayer that fails to report and timely pay any tax
300 due as a result of the forfeiture of its tax credit violates
301 this section and is subject to applicable penalties and
302 interest.
303 (9) ANNUAL REPORTS.—Each year, based on the applications
304 submitted and approved, the department must issue a report to
305 the President of the Senate and the Speaker of the House of
306 Representatives that identifies, in the aggregate, all of the
307 following:
308 (a) The number of employees hired during construction
309 phases.
310 (b) The use of each newly rehabilitated building and the
311 expected number of employees hired.
312 (c) The number of affordable housing units created or
313 preserved.
314 (d) The property values before and after the certified
315 rehabilitations.
316 (10) DEPARTMENT DUTIES.—The department shall:
317 (a) Establish any necessary forms required to claim a tax
318 credit under this section.
319 (b) Provide administrative guidelines and procedures
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The Florida Senate
Committee Agenda Request
To: Senator Ed Hooper, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: January 12, 2022
I respectfully request that Senate Bill #1076, relating to Florida Kratom Consumer Protection
Act, 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
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 1076
INTRODUCER: Senator Gruters
SUBJECT: Florida Kratom Consumer Protection Act
DATE: January 14, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Favorable
2. AEG
3. AP
I. Summary:
SB 1076 creates the Florida Kratom Consumer Protection Act, which provides that a processor
may not sell, prepare, distribute, or expose for sale a kratom product that:
Is adulterated with a dangerous non-kratom substance that affects the quality or strength of
the kratom product to such a degree that it may injure a consumer;
Contains a poisonous or otherwise harmful non-kratom ingredient;
Contains a level of 7-hydroxymitragynine in the alkaloid fraction which is greater than 2
percent of the alkaloid composition of the product;
Contains a synthetic alkaloid;
Does not include directions for the safe and effective use of the product; or
Has a label that contains any claim that the product is intended to diagnose, treat, cure, or
prevent any medical condition or disease.
The bill establishes that a processor may not sell, prepare, distribute, or expose for sale kratom
extract that contains levels of residual solvents higher than the standards set forth in United
States Pharmacopeia and the National Formulary (USP-NF) chapter 467. Additionally, a
processor may not distribute, sell, or expose for sale a kratom product to an individual under 21
years of age.
The bill provides that a processor who violates s. 501.9745(3), F.S., is subject to an
administrative fine. However, a processor selling kratom products at retail does not violate s.
501.9745(3), F.S., if it is shown by a preponderance of the evidence that the processor relied in
good faith upon the representations of a manufacturer, processor, packer, or distributor of the
kratom product.
The bill takes effect July 1, 2022.
BILL: SB 1076 Page 2
II. Present Situation:
Kratom
Kratom is a tropical tree native to Southeast Asia that contains mitragynine and 7-
hydroxymytragynine in its leaves, which are two major psychoactive ingredients.1 The leaves are
crushed and then smoked, brewed with tea, or placed into gel capsules.2 Consumption of kratom
leaves can produce stimulant and sedative effects, and may also lead to psychotic symptoms.3
Some research finds that kratom can be used as a substitute for opiate users to combat
withdrawal symptoms, as well as to treat muscle ache, fatigue, and other conditions.4 Low doses
of kratom are said to produce a stimulant effect, while higher doses may produce an opioid-like
effect.5 Additionally, research points to the potential for further development of mitragynine and
the use of kratom as a harm reduction agent.6 Even so, the toxicity of kratom remains a topic of
discussion, as well as its potential to cause herb-drug interactions and even be involved in
fatalities.7
Currently, kratom is not listed as a controlled substance under federal law or Florida law.
However, in 2014, Sarasota County banned kratom, labeling it as a designer drug.8 With the
exception of Sarasota County, in Florida, all parts of the plant and its extracts are legal to
cultivate, buy, possess, and distribute without a license or prescription. Kratom is illegal in
Alabama,9 Arkansas,10 Indiana,11 Vermont,12 and Wisconsin.13 Other states such as Arizona,14
Georgia,15 and Utah16 regulate kratom under their state’s version of the Kratom Consumer
Protection Act.
Following an updated import alert that provides information to U.S. Food and Drug
Administration (FDA) field staff about detaining without physical examination imported dietary
supplements and bulk dietary ingredients that are or contain kratom, in May of 2021, the FDA
1
Drug Enforcement Administration, Kratom (April 2020), available at https://www.dea.gov/sites/default/files/2020-
06/Kratom-2020_0.pdf (last visited Jan. 14, 2022).
2
Id.
3
Id.
4
See Dimy Fluyau and Neelambika Revedigar, Biochemical Benefits, Diagnosis, and Clinical Risks Evaluation of Kratom,
Frontiers in Psychiatry Journal Volume 8 (April 24, 2017).
5
Id.
6
See Charles Veltri and Oliver Grundmann, Current Perspectives on the Impact of Kratom Use. Substance Abuse and
Rehabilitation Journal Volume 10 23-31 (July 1, 2019).
7
Id.
8
See Sarasota, FL., Code of Ordinances, Sec. 62-351 (2014).
9
See Alabama Public Health, Controlled Substance List (Jan. 20, 2021), available at
https://www.alabamapublichealth.gov/blog/assets/controlledsubstanceslist.pdf (last visited Jan. 14, 2022).
10
See Arkansas Department of Health, List of Controlled Substances, available at
http://secureservercdn.net/166.62.109.105/e17.085.myftpupload.com/wp-content/uploads/2016/02/arkansas-
controlled_substances_list.pdf (last visited Jan. 14, 2022).
11
See IC 35-31.5-2-321.
12
See Vt. Admin. Code 12-5-23:4.0.
13
See W.S.A. 961.14.
14
See AZ Rev Stat § 36-795.02.
15
See GA Code § 16-13-121.
16
See UT Code § 4-45-101.
BILL: SB 1076 Page 3
announced the seizure of around 37,500 tons of adulterated kratom in Florida, worth an
estimated $1.3 million.17 The FDA’s Associate Commissioner for Regulatory Affairs, stated that
there is substantial concern regarding the safety of kratom and the risk it may pose to public
health, and indicated that there are currently no FDA-approved uses for kratom.18
The U.S. Department of Justice, on behalf of the FDA, filed a complaint in the U.S. District
Court for the Middle District of Florida alleging that kratom is a new dietary ingredient for
which there is inadequate information to provide reasonable assurance that it does not present a
significant or unreasonable risk of illness or injury.19 Additionally, the FDA stated that dietary
supplements and bulk dietary ingredients that are or contain kratom are adulterated under the
Federal Food, Drug, and Cosmetic Act.20 On October 26, 2021, a consent decree of
condemnation and destruction against the articles seized by the FDA in May of 2021 was
entered, which requires the claimants to pay a penal bond and destroy all seized articles.21
III. Effect of Proposed Changes:
The bill creates the Florida Kratom Consumer Protection Act, and establishes the following
definitions:
“Kratom extract” means a food product or dietary ingredient that contains any part of the leaf
of the plant Mitragyna speciose which has been extracted and concentrated to provide more
standardized dosing;
“Kratom product” means a food product, food ingredient, dietary ingredient, dietary
supplement, or beverage intended for human consumption which contains any part of the leaf
of the plant Mitragyna speciose or an extract of such plant and is manufactured as a powder,
capsule, pill, beverage, or other edible form; and
“Processor” means a person who sells, prepares, manufactures, distributes, or maintains
kratom products.
The bill provides that a processor may not sell, prepare, distribute, or expose for sale a kratom
product that:
Is adulterated with a dangerous non-kratom substance that affects the quality or strength of
the kratom product to such a degree that it may injure a consumer;
Contains a poisonous or otherwise harmful non-kratom ingredient, including, but not limited
to, any substance listed in s. 893.03, F.S.;22
Contains a level of 7-hydroxymitragynine in the alkaloid fraction which is greater than 2
percent of the alkaloid composition of the product;
17
U.S. Food and Drug Administration, FDA Announces Seizure of Adulterated Dietary Supplements Containing Kratom
(May 21, 2021), available at https://www.fda.gov/news-events/press-announcements/fda-announces-seizure-adulterated-
dietary-supplements-containing-kratom (last visited Jan. 14, 2022).
18
Id.
19
Id.
20
Id.
21
Id.
22
Chapter 893, F.S., sets forth the Florida Comprehensive Drug Abuse Prevention and Control Act and classifies controlled
substances into five categories, known as schedules.
BILL: SB 1076 Page 4
Contains a synthetic alkaloid, including, but not limited to, synthetic mitragynine, synthetic
7-hydroxymitragynine, or any other synthetically derived compound of the plant Mitragyna
speciose;
Does not include directions for the safe and effective use of the product, including, but not
limited to, a suggested serving size, on the product’s packaging or label; or
Has a label that contains any claim that the product is intended to diagnose, treat, cure, or
prevent any medical condition or disease.
The bill establishes that a processor may not sell, prepare, distribute, or expose for sale kratom
extract that contains levels of residual solvents higher than the standards set forth in USP-NF23
chapter 467.24 Additionally, a processor may not distribute, sell, or expose for sale a kratom
product to an individual under 21 years of age.
The bill provides that a processor who violates s. 501.9745(3), F.S., is subject to an
administrative fine of not more than $500 for the first offense and not more than $1000 for the
second or subsequent offense. However, a processor selling kratom products at retail does not
violate s. 501.9745(3), F.S., if it is shown by a preponderance of the evidence that the processor
relied in good faith upon the representations of a manufacturer, processor, packer, or distributor
of the kratom product.
The bill takes effect July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
23
The United States Pharmacopeia (USP) and the National Formulary (NF) contains standards for medicines, dosage forms,
drug substances, excipients, biologics, compounded preparations, medical devices, dietary supplements, and other
therapeutics. The current version of USP-NF standards deemed official by USP are enforceable by the U.S. Food and Drug
Administration for medicines manufactured and marketed in the United States.
24
Residual solvents in pharmaceuticals are defined as organic volatile chemicals that are used or produced in the manufacture
of drug substances or excipients, or in the preparation of drug products. The residual solvents are not completely removed by
practical manufacturing techniques. Drug products should contain no higher levels of residual solvents than can be supported
by safety data. Solvents that are known to cause unacceptable toxicities, “Class 1,” should be avoided in the production of
drug substances, excipients, or drug products unless their use can be strongly justified in a risk-benefit assessment. Solvents
associated with less severe toxicity, “Class 2,” should be limited in order to protect patients from potential adverse effects.
Less toxic solvents, “Class 3,” should be used where practical. See The United States Pharmacopeia and the National
Formulary, Residual Solvents, available at
https://www.uspnf.com/sites/default/files/usp_pdf/EN/USPNF/generalChapter467Current.pdf (last visited Jan. 14, 2022).
BILL: SB 1076 Page 5
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:
Processors of kratom products will be required to adhere to the regulations set forth in the
Florida Kratom Consumer Protection Act, which may benefit consumers.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill does not designate an entity to enforce violations, and does not provide an administrative
penalty for a processor who violates s. 501.9745(4), F.S.
The Florida Department of Law Enforcement has indicated that they do not have the testing
capabilities to prove non-compliance with this proposed law.
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 501.9745
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.
BILL: SB 1076 Page 6
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2022 SB 1076 Florida Senate - 2022 SB 1076
By Senator Gruters
23-01139-22 20221076__ 23-01139-22 20221076__
1 A bill to be entitled 30 edible form.
2 An act relating to the Florida Kratom Consumer 31 (c) “Processor” means a person who sells, prepares,
3 Protection Act; creating s. 501.9745, F.S.; providing 32 manufactures, distributes, or maintains kratom products.
4 a short title; defining the terms “kratom extract,” 33 (3) A processor may not sell, prepare, distribute, or
5 “kratom product,” and “processor”; prohibiting 34 expose for sale:
6 processors from selling, preparing, distributing, or 35 (a) A kratom product that:
7 exposing for sale certain kratom products; prohibiting 36 1. Is adulterated with a dangerous non-kratom substance
8 processors from distributing, selling, or exposing for 37 that affects the quality or strength of the kratom product to
9 sale a kratom product to an individual under 21 years 38 such a degree that it may injure a consumer.
10 of age; providing civil penalties; providing an 39 2. Contains a poisonous or otherwise harmful non-kratom
11 exception; providing an effective date. 40 ingredient, including, but not limited to, any substance listed
12 41 in s. 893.03.
13 Be It Enacted by the Legislature of the State of Florida: 42 3. Contains a level of 7-hydroxymitragynine in the alkaloid
14 43 fraction which is greater than 2 percent of the alkaloid
15 Section 1. Section 501.9745, Florida Statutes, is created 44 composition of the product.
16 to read: 45 4. Contains a synthetic alkaloid, including, but not
17 501.9745 Florida Kratom Consumer Protection Act.— 46 limited to, synthetic mitragynine, synthetic 7-
18 (1) This section may be cited as the “Florida Kratom 47 hydroxymitragynine, or any other synthetically derived compound
19 Consumer Protection Act.” 48 of the plant Mitragyna speciosa.
20 (2) As used in this section, the term: 49 5. Does not include directions for the safe and effective
21 (a) “Kratom extract” means a food product or dietary 50 use of the product, including, but not limited to, a suggested
22 ingredient that contains any part of the leaf of the plant 51 serving size, on the product’s packaging or label.
23 Mitragyna speciosa which has been extracted and concentrated to 52 6. Has a label that contains any claim that the product is
24 provide more standardized dosing. 53 intended to diagnose, treat, cure, or prevent any medical
25 (b) “Kratom product” means a food product, food ingredient, 54 condition or disease.
26 dietary ingredient, dietary supplement, or beverage intended for 55 (b) Kratom extract that contains levels of residual
27 human consumption which contains any part of the leaf of the 56 solvents higher than the standards set forth in USP-NF chapter
28 plant Mitragyna speciosa or an extract of such plant and is 57 467.
29 manufactured as a powder, capsule, pill, beverage, or other 58 (4) A processor may not distribute, sell, or expose for
Page 1 of 3 Page 2 of 3
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Florida Senate - 2022 SB 1076
23-01139-22 20221076__
59 sale a kratom product to an individual under 21 years of age.
60 (5) A processor who violates subsection (3) is subject to
61 an administrative fine of not more than $500 for the first
62 offense and not more than $1,000 for the second or subsequent
63 offense. A processor selling kratom products at retail does not
64 violate subsection (3) if it is shown by a preponderance of the
65 evidence that the processor relied in good faith upon the
66 representations of a manufacturer, processor, packer, or
67 distributor of the kratom product.
68 Section 2. This act shall take effect July 1, 2022.
Page 3 of 3
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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 1298
INTRODUCER: Senator Gruters
SUBJECT: Agreements with Professional Sports Teams
DATE: January 14, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Favorable
2. CA
3. RC
I. Summary:
SB 1298 prohibits a governmental entity from entering into an agreement with a professional
sports team that requires a financial commitment by the state or a governmental entity unless the
agreement includes a written verification that the professional sports team will play the U.S.
national anthem at the beginning of each team sporting event.
Failure to comply with the written verification constitutes a default and subjects the team to any
penalty the agreement authorizes for default, which may include the team repaying money paid
to the team by the state or governmental entity.
The agreement must be strictly enforced. Should a governmental entity fail to timely enforce the
written verification, the Attorney General is authorized to intervene.
The bill does not appear to have a fiscal impact on state or local governments.
The bill takes effect on July 1, 2022.
II. Present Situation:
Professional Sports Franchise Program
Florida is home to many professional and semi-professional sports teams, organizations and
facilities, including professional football, basketball, baseball, hockey, soccer, and National
Association of Stock Car Racing (NASCAR) sanctioned tracks. The Professional Sports
Franchise program allows professional sports franchises to receive state sales and use tax
revenue to pay for the acquisition, construction, reconstruction, or renovation of a facility for a
BILL: SB 1298 Page 2
new or retained professional sports franchise.1 Local governments, non-profit, and for-profit
entities may apply to the program.
The Department of Economic Opportunity (DEO) is responsible for screening and certifying
applicants for state funding.2 For both new and retained franchises, the DEO must confirm and
verify the following:3
A local government is responsible for the construction, management, or operation of the
professional sports franchise facility, or holds title to the property where the facility is
located.
The applicant has a verified copy of a signed agreement with a new professional sports
franchise for at least 10 years, or for 20 years in the case of a retained franchise.
The applicant has a verified copy of the approval by the governing body of the NFL, MLB,
NHL, or NBA authorizing the location of a new franchise in the state after April 1, 1987, for
new professional sports franchises, or verified evidence of a league-authorization location in
the state on or before December 31, 1976, for a retained professional sports franchise.
The applicant has projections demonstrating a paid annual attendance of over 300,000.
The applicant has an independent analysis demonstrating that the annual amount of sales
taxes generated by the use or operation of the franchise’s facility will be at least $2 million.
The local government where the franchise’s facility is located, or the county of the facility is
in an unincorporated area, has certified by resolution after a public hearing that the
application serves a public purpose.
The applicant has demonstrated that it has provided, is capable of providing, financial or
other commitments of more than one-half of the costs incurred or related to the
improvements or development of the franchise’s facility.
Approved applicants are eligible to receive up to $2,000,004 per year for a period of up to 30
years.4 No more than eight facilities can be certified under this program at one time.5
Currently, eight facilities receive distributions under the Professional Sports Franchise Program.
Each facility is on track to receive $60 million, which is the maximum distribution allowable
under this program ($166,667 per month or $2,000,004 per year, over 30 years) as follows:6
Facility name Location, Franchise First and Final Total payments
Certified entity, payments as of Aug. 2020
& certification
date
BB&T Center Sunrise, Broward Florida Panthers Aug. 1996 $47,833,429
County, June July 2026
1996
1
Section 288.1162, F.S.
2
Section 288.1162(1), F.S.
3
Section 288.1162(4)(a)-(g), F.S.
4
Section 212.20(6)(d)6.b., F.S.
5
Section 288.1162(6), F.S.
6
Office of Program Policy Analysis and Government Accountability, Report 20-08, Florida Economic Development
Program Evaluations-Year 8, p. 48 (Dec. 2020), available at https://oppaga.fl.gov/Documents/Reports/20-08.pdf (last visited
Jan. 14, 2022).
BILL: SB 1298 Page 3
TIAA Bank Jacksonville, Jacksonville June 1994 $52,166,771
Field City of Jaguars May 2024
Jacksonville,
April 1994
Hard Rock Miami, South Miami Dolphins June 1994 $54,000,108
Stadium Florida Stadium June 2023
Corp., May 1993
American Miami, Miami Heat March 1998 $44,500,089
Airlines Arena Basketball March 2028
Properties, LTD,
Feb. 1998
Amway Center Orlando, City of Orlando Magic Feb. 2008 $24,833,383
Orlando, Nov. Jan. 2038
2007
Raymond James Tampa, Tampa Bay Jan. 1997 $47,000,094
Stadium Hillsborough Buccaneers Dec. 2026
County, Nov.
1996
AMALIE Arena Tampa, Tampa Tampa Bay Sept. 1995 $49,666,766
Bay Sports Lightning Aug. 2025
Authority, July
1995
Tropicana Field St. Petersburg, Tampa Bay Rays July 1995 $50,000,100
City of St. June 2025
Petersburg, July
1995
Total: $370,000,740
State Incentives for Spring Training Facilities
Spring Training Baseball Franchises
The DEO may certify local governments to receive a distribution of $41,667 per month
($500,000 per year) for a period of up to 30 years.7 The funds may be used to acquire, construct,
reconstruct, or renovate a facility for a baseball spring training franchise, pay debt service on
bonds issued for those purposes, or, in some instances, assist a spring training franchise in
moving from one local government to another.8 The DEO is authorized to certify up to 10
facilities at any given time.9
Retention of Spring Training Baseball Franchises
Local governments that partner with a spring training baseball franchise may apply for
certification from the DEO to receive state distributions for renovating or constructing a spring
7
Section 212.20(6)(d)6.b., F.S.
8
Section 288.11621(3), F.S.
9
Section 288.11621(2)(b), F.S.
BILL: SB 1298 Page 4
training baseball facility.10 Certified applicants receive a distribution from state sales tax revenue
of up to $83,333 per month for 20 years for a facility used by a single spring training baseball
franchise or up to $166,667 per month for 25 years for a facility used by more than one spring
baseball training franchise.11 The amount of state incentive funding per certified applicant may
not exceed $20 million if the applicant’s facility is used by one franchise or $50 million if the
applicant’s facility is used by more than one franchise.12
Sales and Use Tax
Florida levies a 6 percent sales and use tax on the sale or rental of most tangible personal
property,13 admissions,14 transient rentals,15 and a limited number of services. 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.
Additionally, s. 212.20(6)(d)6, F.S., requires the Department of Revenue (DOR) to distribute
specified amounts on a monthly basis to applicants certified as a sports training facility,
applicants certified as the professional golf hall of fame, and applicants certified as a spring
training facility.
Local Government Half-cent Sales Tax
The Local Government Half-cent Sales Tax program distributes a portion of state sales tax
revenue via three separate distributions to eligible county or municipal governments. Allocation
formulas serve as the basis for these separate distributions.16 The program’s primary purpose is
to provide relief from ad valorem and utility taxes in addition to providing counties and
municipalities with revenues for local programs.17
Counties may use up to $3 million annually of the local government half-cent sales tax for the
following purposes:18
New or retained professional sports franchises under the Professional Sports Franchise
Program, or a spring training franchise under s. 288.11621, F.S.; or
A certified applicant as a motorsport entertainment complex under s. 288.1171, F.S.19
10
Section 288.11631(1)-(2), F.S.
11
Section 212.20(6)(d)6.e., F.S.
12
Section 288.11631(2)(c), F.S.
13
Section 212.05(1)(a)1.a, F.S.
14
Section 212.04(b), F.S.
15
Section 212.03(1)(a), F.S.
16
Office of Economic and Demographic Research, 2021 Local Government Financial Information Handbook, p. 55,
available at http://edr.state.fl.us/Content/local-government/reports/lgfih21.pdf (last visited Jan. 6, 2022).
17
Id.
18
Section 218.64(3), F.S.
19
The motorsports entertainment complex has had no applicants or funds dispersed since program inception. See Office of
Program Policy Analysis and Government Accountability, Report 20-08, Florida Economic Development Program
Evaluations-Year 8, p. 35 (Dec. 2020), available at https://oppaga.fl.gov/Documents/Reports/20-08.pdf (last visited Jan. 14,
2022).
BILL: SB 1298 Page 5
III. Effect of Proposed Changes:
The bill provides that beginning July 1, 2022, a governmental entity is prohibited from entering
into an agreement with a professional sports team that requires a financial commitment by the
state or a governmental entity unless the agreement includes:
A written verification that the professional sports team will play the United States national
anthem at the beginning of each team sporting event20 held at the team’s home venue or other
facility controlled by the team for the event; and
A provision providing that a failure to comply with the written verification:
o Constitutes a default of the agreement.
o Immediately subjects the team to any penalty the agreement authorizes for
default, which may include repaying any money paid to the team by the state or
any governmental entity or classifying the team as ineligible to receive further
money under the agreement.
o May subject the team to a prohibition on contracting with the state.
A governmental entity that enters into an agreement with a professional sports team must strictly
enforce the “failure to comply” provision. The Attorney General may intervene to enforce the
provision should the governmental entity fail to timely enforce the provision.
The bill takes effect on July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
The First Amendment of the U.S. Constitution guarantees that “Congress shall make no
law…abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a redress of grievances.”21 The
20
The bill defines a “sporting event” as any preseason, regular season, or postseason game or event of a professional sports
team.
21
Amend I, U.S. Const.
BILL: SB 1298 Page 6
rights guaranteed by the First Amendment apply with equal force to state governments
through the due process clause of the Fourteenth Amendment.22
The right of freedom of thought protected by the First Amendment against state action
includes both the right to speak freely and the right to refrain from speaking at all.23
Speech that is mandated or compelled alters the content of speech.24 A government
regulation based on the content of speech is presumptively invalid and will be upheld
only if it is necessary to advance a compelling governmental interest, precisely tailored to
serve that interest, and is the least restrictive means available for establishing that
interest.25 The government bears the burden of demonstrating the constitutionality of any
such content-based regulation.26
The U.S. Supreme Court rejected a private college’s argument that conditioning federal
funds on compliance with federal education law violated the First Amendment, finding
that “Congress is free to attach reasonable and unambiguous conditions to federal
financial assistance that educational institutions are not obligated to accept.”27 However,
under the unconstitutional conditions doctrine, there is a limit on Congress’ ability to
place conditions on the receipt of funds.28 “[T]he government ‘may not deny a benefit to
a person on a basis that infringes his constitutionally protected ... freedom of speech’
even if he has no entitlement to that benefit.”29
SB 1298 prohibits a governmental entity from entering into an agreement with a
professional sports team that requires a financial commitment by the state or a
governmental entity unless the agreement includes a written verification that the
professional sports team will play the U.S. national anthem at the beginning of each team
sporting event.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
If a professional sports team receiving funding from the state or a governmental entity
does not play the national anthem per an agreement with a governmental entity, then that
professional sports team could not only see a loss in distributions, but may have to repay
any money paid to the team by the state or a governmental entity.
22
Amend XIV, U.S. Const., See also Art. I, Fla. Const.
23
Wooley v. Maynard, 430 U.S. 705, 714 (1977). See also West Virginia State Board of Education v. Barnette, 319 U.S. 624
(1943).
24
Riley v. National Federation of the Blind of North Carolina, Inc., 487 U.S. 781, 795 (1988). See also Miami Herald
Publishing Co. v. Tornillo, 418 U.S. 241, 256-58 (1974).
25
Ashcroft v. Am. Civil Liberties Union, 521 U.S. 656-66 (2004).
26
Id. at 660.
27
Grove City College v. Bell, 465 U.S. 555, 575 (1984).
28
Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U.S. 47 (2006)
29
Board of Comm'rs, Wabaunsee Cty. v. Umbehr, 518 U. S. 668, 674 (1996).
BILL: SB 1298 Page 7
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Currently, the DOR distributes specified amounts to certain recipients for facilities used by
sports teams. It is unclear, under the bill, if these required payments made by the DOR are
considered an agreement between a governmental entity and a professional sports team.
Additionally, it is unclear how the governmental entity would be notified of a default on the
agreement.
The bill provides that if a governmental entity fails to timely enforce the “failure to comply”
provision in the agreement, the Attorney General may step in to enforce the provision. However,
it is unclear what constitutes timely enforcement.
Neither the bill nor Chapter 286, F.S., define “governmental entity.”
VIII. Statutes Affected:
This bill creates section 286.31 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 - 2022 SB 1298 Florida Senate - 2022 SB 1298
By Senator Gruters
23-01604-22 20221298__ 23-01604-22 20221298__
1 A bill to be entitled 30 Soccer League, or the Women’s National Basketball Association;
2 An act relating to agreements with professional sports 31 2. A person hosting a motorsports racing event sanctioned
3 teams; creating s. 286.31, F.S.; defining the terms 32 by the National Association for Stock Car Auto Racing (NASCAR),
4 “professional sports team” and “sporting event”; 33 IndyCar, or another nationally recognized motorsports racing
5 prohibiting a governmental entity from entering into 34 association at a venue in this state with a permanent seating
6 certain agreements with a professional sports team 35 capacity of at least 75,000; or
7 unless the agreement includes specified provisions; 36 3. An organization hosting a Professional Golfers’
8 requiring a governmental entity that enters into such 37 Association event.
9 an agreement to strictly enforce such provisions; 38 (b) “Sporting event” means any preseason, regular season,
10 authorizing the Attorney General to intervene to 39 or postseason game or event of a professional sports team.
11 enforce such provisions under certain circumstances; 40 (2) PROVISIONS REQUIRED IN CERTAIN AGREEMENTS.—Beginning
12 providing an effective date. 41 July 1, 2022, a governmental entity may not enter into an
13 42 agreement with a professional sports team that requires a
14 Be It Enacted by the Legislature of the State of Florida: 43 financial commitment by the state or a governmental entity
15 44 unless the agreement includes:
16 Section 1. Section 286.31, Florida Statutes, is created to 45 (a) A written verification that the professional sports
17 read: 46 team will play the United States national anthem at the
18 286.31 Agreements with professional sports teams.— 47 beginning of each sporting event held at the team’s home venue
19 (1) DEFINITIONS.— 48 or other facility controlled by the team for the event.
20 (a) “Professional sports team” means: 49 (b) A provision providing that any failure to comply with
21 1. A team organized in this state that is a member of the 50 the written verification required by paragraph (a):
22 National League or the American League of Major League Baseball, 51 1. Constitutes a default of the agreement.
23 the National Basketball Association, the National Football 52 2. Immediately subjects the team to any penalty the
24 League, the National Hockey League, Major League Soccer, the 53 agreement authorizes for default, which may include requiring
25 American Hockey League, the East Coast Hockey League, the 54 the team to repay any money paid to the team by the state or any
26 American Association of Independent Professional Baseball, the 55 governmental entity or classifying the team as ineligible to
27 Atlantic League of Professional Baseball, Minor League Baseball, 56 receive further money under the agreement.
28 the National Basketball Association G League, the National 57 3. May subject the team to a prohibition on contracting
29 Women’s Soccer League, the Major Arena Soccer League, the United 58 with the state.
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 - 2022 SB 1298
23-01604-22 20221298__
59 (3) STRICT ADHERENCE TO DEFAULT PROVISION.—
60 (a) A governmental entity that enters into an agreement
61 with a professional sports team shall strictly enforce the
62 provision required under paragraph (2)(b).
63 (b) If a governmental entity fails to timely enforce the
64 provision required under paragraph (2)(b), the Attorney General
65 may intervene to enforce the provision.
66 Section 2. This act shall take effect July 1, 2022.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
CourtSmart Tag Report
Room: SB 110 Case No.: Type:
Caption: Senate Commerce and Tourism Committee Judge:
Started: 1/18/2022 9:01:12 AM
Ends: 1/18/2022 9:35:49 AM Length: 00:34:38
9:01:11 AM Chair calls meeting to order
9:01:18 AM Committee Administrative Assistant, CAA, calls roll - quorum present
9:01:54 AM Tab 2 - SB 1310 by Senator Rodriguez
9:02:07 AM Senator Rodriguez introduces bill
9:03:06 AM No questions
9:03:12 AM Tiffany Garling, Marianna, FL, waives in support
9:03:20 AM Meagan Basford, Main Street Marianna, waives in support
9:03:31 AM Zack Gilmore, Jackson County Economic Development Committee, waives in support
9:03:39 AM Robert Laj, New Orleans, VA, waives in support
9:03:50 AM Lisa Finkelstein, Fernandina Beach Main Street, waives in support
9:03:58 AM Melissa Wyllie, Florida Trust for Historic Preservation, speaks for the bill
9:04:33 AM Erin Schuck, Melbourne Main Street, waives in support
9:04:48 AM Karine Morgan, Venice Main Street, waives in support
9:04:55 AM JuliaTruilo, Ormond Beach Main Street, waives in support
9:05:05 AM Kimberly Agee, Melbourne Main Street, waives in support
9:05:22 AM Amanda Muzaurieta, Historic Cocoa Village Main Street, waives in support
9:05:33 AM Pauline Eaton, Orlando Main Street, waives in support
9:05:42 AM Gregory WIlliams, Plant City Main Street, waives in support
9:05:48 AM Jane West, 1000 Friends of Florida, speaking for the bill
9:07:24 AM Thondra Lanese, Ft. Pierce, FL, waives in support
9:07:36 AM Mileyka Burgos-Flores, Miami, FL, waives in support
9:08:09 AM Wayne Carter, Main Street Deland, waives in support
9:08:28 AM Vice chair Wright in debate
9:08:49 AM Senator Rodriguez closes on bill
9:09:18 AM CAA calls roll on bill
9:09:33 AM SB 1310 reported favorably
9:09:46 AM Tab 1 - SB 944 by Senator Baxley
9:09:56 AM Senator Baxley explains bill
9:11:30 AM Senator Pizzo in questions
9:11:45 AM Senator Baxley responds
9:13:39 AM Jake Farmer, Walgreens, waives in support
9:13:46 AM Grace Lovett, Florida Retail Federation, speaking for the bill
9:14:41 AM Senator Pizzo in questions
9:15:56 AM Grace Lovett responds
9:16:03 AM Senator Pizzo in questions
9:16:28 AM Grace Lovett responds
9:17:03 AM Senator Powell in questions
9:17:27 AM Grace Lovett responds
9:18:15 AM Tracy Mayernick, The Home Depot, waives in support
9:18:28 AM Jim Daughton, Ebay, speaking against the bill
9:20:57 AM Senator Pizzo in questions
9:21:07 AM Jim Daughton responds
9:21:57 AM Senator Powell in questions
9:22:05 AM Jim Daughton responds
9:23:55 AM Senator Torres in debate
9:24:42 AM Senator Baxley closes on the bill
9:26:16 AM CAA calls roll on bill
9:26:27 AM SB 944 passes favorably
9:26:48 AM Tab 3 - SB 1076 by Senator Gruters
9:26:57 AM Senator Gruters explains the bill
9:28:25 AM Senator Pizzo in questions
9:28:40 AM Senator Gruters responds
9:28:49 AM Mac Haddow, American Kratom Association, speaking in favor of bill
9:32:22 AM No debate
9:32:26 AM Senator Gruters closes on the bill
9:32:45 AM CAA calls roll on the bill
9:32:51 AM SB 1076 passes favorably
9:33:10 AM Tab 4 - SB 1298 by Senator Gruters
9:33:20 AM Senator Gruters explains the bill
9:33:40 AM Senator Torres in questions
9:34:00 AM Senator Gruters responds
9:34:11 AM No debate
9:34:20 AM Senator Gruters waives close
9:34:28 AM CAA calls roll on the bill
9:34:33 AM SB 1298 Passes favorably
9:34:57 AM Late appearance card for SB 1310-Sean Pittman, City of Orlando, waives in support
9:35:20 AM Senator Taddeo votes late
9:35:34 AM Chair Hooper adjourns meeting
THE FLORIDA SENATE COMMITTEES:
Children, Families, and Elder Affairs, Chair
Tallahassee, Florida 32399-1100 Community Affairs, Vice Chair
Rules, Vice Chair
Appropriations Subcommittee on Agriculture,
Environment, and General Government
Appropriations Subcommittee on Transportation,
Tourism, and Economic Development
Commerce and Tourism
Ethics and Elections
Health Policy
SENATOR ILEANA GARCIA
37th District
January 18, 2022
Commerce and Tourism Committee
Good afternoon,
I am writing to request to be excused from today’s meeting, Tuesday, January 18, 2022, of the
Committee on Commerce and Tourism meeting.
Thank you for your consideration and understanding.
Sincerely,
Ileana Garcia
REPLY TO:
2828 Coral Way, Suite 208, Miami, Florida 33145 (305) 442-6841
326 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5037
Senate’s Website: www.flsenate.gov
WILTON SIMPSON AARON BEAN
President of the Senate President Pro Tempore
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