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Post Meeting Packet - Commerce and Tourism, The Florida Senate (January 31, 2022)

Summary

Post-meeting packet for the Florida Senate Committee on Commerce and Tourism, 2022 Regular Session, meeting of Monday, January 31, 2022, with Senator Hooper as Chair and Senator Wright as Vice Chair. The agenda order lists CS/SB 1062 (Service of Process), SB 1474 (Online Training for Private Security Officers), SB 1146 (Taxation of Investigative Services), CS/SB 1536 (Money Services Businesses) and SB 1928 (Household Moving Services). The expanded agenda shows Fav/CS with Yeas 10 Nays 0 for CS/SB 1062, SB 1474 and SB 1146, and the meeting record shows CS/CS/SB 1536 and SB 1928 reported favorably.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Post Meeting Packet - Commerce and Tourism, The Florida Senate (January 31, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-01-31-post-meeting-packet-4889-cacb3e872a/, SHA-256 f5081374cdcf0ccb3f430c1775eac7500678b69d6aefb1c3764d01d898d59ce3.

Full text

Selection From: 01/31/2022 - Commerce and Tourism (3:00 PM - 5:00 PM)                                2022 Regular Session
Customized                                                                                            02/01/2022 9:33 AM
Agenda Order

 Tab 1   CS/SB 1062 by JU, Bradley; (Similar to CS/H 00545) Service of Process
186562   A      S      RCS           CM, Bradley                   Delete L.544 - 955:                 02/01 08:34 AM

 Tab 2   SB 1474 by Bradley; (Similar to CS/H 01233) Online Training for Private Security Officers
917980   D       S     RCS             CM, Bradley                   Delete everything after          02/01 08:34 AM

 Tab 3   SB 1146 by Rodriguez; (Similar to H 00763) Taxation of Investigative Services
475734   A       S     RCS           CM, Rodriguez                  Delete L.45 - 46:                  02/01 08:34 AM

 Tab 4   CS/SB 1536 by BI, Boyd; (Similar to CS/H 00389) Money Services Businesses
351226   D      S      RCS           CM, Boyd                     Delete everything after              02/01 08:34 AM

Tab 5    SB 1928 by Hooper; Household Moving Services




                                                       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:     Monday, January 31, 2022
                    TIME:     3:00—5:00 p.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    CS/SB 1062                         Service of Process; Authorizing the Department of           Fav/CS
        Judiciary / Bradley                State to electronically receive service of process              Yeas 10 Nays 0
        (Similar CS/H 545)                 under ch. 48, F.S.; revising procedures for service on
                                           partnerships, limited liability partnerships, and limited
                                           partnerships; requiring designation of registered
                                           agents and registered offices by certain partnerships,
                                           corporations, and companies; providing for
                                           substituted service on certain nonresidents and
                                           foreign business entities and on individuals and
                                           foreign business entities concealing their
                                           whereabouts; providing for service of process for
                                           removal of unknown parties in possession of real
                                           property, etc.

                                           JU       01/10/2022 Fav/CS
                                           CM       01/31/2022 Fav/CS
                                           RC


   2    SB 1474                            Online Training for Private Security Officers;              Fav/CS
        Bradley                            Authorizing certain Class “G” and Class “D” license             Yeas 10 Nays 0
        (Similar CS/H 1233)                training to be conducted in person or online; providing
                                           reporting requirements relating to the completion of
                                           such training; providing requirements for online
                                           training courses for Class “D” and Class “G” licenses,
                                           etc.

                                           CM       01/31/2022 Fav/CS
                                           AEG
                                           AP


   3    SB 1146                            Taxation of Investigative Services; Defining the term       Fav/CS
        Rodriguez                          “small private investigative agency”; providing an              Yeas 10 Nays 0
        (Similar H 763)                    exemption from the state tax on sales, use, and other
                                           transactions for investigative services provided by a
                                           small private investigative agency, etc.

                                           CM       01/31/2022 Fav/CS
                                           FT
                                           AP




                                                                                                                     S-036 (10/2008)
01312022.1549                                                                                                            Page 1 of 2
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, January 31, 2022, 3:00—5:00 p.m.

                                                       BILL DESCRIPTION and
 TAB      BILL NO. and INTRODUCER                   SENATE COMMITTEE ACTIONS                          COMMITTEE ACTION

  4     CS/SB 1536                        Money Services Businesses; Providing that a rule         Fav/CS
        Banking and Insurance / Boyd      may require reports to contain declarations by control       Yeas 10 Nays 0
        (Similar CS/H 389)                persons, rather than officers or other responsible
                                          persons; providing that control persons, rather than
                                          officers, are not liable for loss or damages under
                                          certain circumstances; requiring licensees to report
                                          changes in control persons, rather than certain other
                                          entities or persons; repealing a provision relating to
                                          control of a money services business, etc.

                                          BI       01/18/2022 Fav/CS
                                          CM       01/31/2022 Fav/CS
                                          RC


  5     SB 1928                           Household Moving Services; Revising the conditions       Favorable
        Hooper                            under which the Department of Agriculture and                Yeas 10 Nays 0
                                          Consumer Services is authorized to deny, refuse to
                                          renew, or revoke the registration of any mover or
                                          moving broker; removing a prohibition that precludes
                                          a mover from limiting its liability for the loss or
                                          damage of household goods to a specified valuation
                                          rate; requiring a mover to indemnify a shipper for the
                                          loss of or damage to the shipper’s household goods
                                          caused by the mover during a household move;
                                          requiring a mover to conduct a physical survey and
                                          provide a binding estimate in certain circumstances
                                          unless waived by the shipper; requiring the
                                          department to prepare a publication that summarizes
                                          the rights and responsibilities of, and remedies
                                          available to, movers and shippers; requiring a mover
                                          to tender household goods for delivery on the agreed
                                          upon delivery date or within a specified period unless
                                          waived by the shipper; providing criminal penalties,
                                          etc.

                                          CM       01/31/2022 Favorable
                                          CJ
                                          RC


        Other Related Meeting Documents




                                                                                                                 S-036 (10/2008)
01312022.1549                                                                                                        Page 2 of 2
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                  Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:           CS/CS/SB 1062
INTRODUCER:     Commerce and Tourism Committee, Judiciary Committee, and Senator Bradley
SUBJECT:        Service of Process
DATE:           February 1, 2022                REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Bond                             Cibula                                JU              Fav/CS
2. McMillan                         McKay                                 CM              Fav/CS
3.                                                                        RC



                     Please see Section IX. for Additional Information:
                                   COMMITTEE SUBSTITUTE - Substantial Changes




  I.    Summary:

        CS/CS/SB 1062 amends laws governing service of process. The term “service of process” refers
        to the manner of delivery of legal notice to an individual or entity which provides notice of a
        pending legal action. The bill:
         Details and standardizes the manner and priority of forms of service of process as related to
            different forms of business entities as appropriate to the form and structure of the entities;
         Prioritizes service of process on the registered agent of an entity;
         Clarifies procedures for substituted service of process by delivery to the Secretary of State;
         Creates the authority of a trial court to allow any effective alternative means of service of
            process where an entity cannot be served with process by conventional means;
         Creates a framework for service of process on an individual or entity in a foreign country, to
            include any form of process recognized under that country’s laws;
         Creates procedures for service of process for removal of an unknown party in possession of
            rented real property;
         Provides that service of a medical negligence pre-suit notice starts to toll the statute of
            limitations from the date of mailing rather than the date of receipt, and broadens the forms of
            such delivery to allow commercial delivery services or use of a certified process server;
         Broadens statutes on service of process by registered or certified mail to also allow delivery
            by a commercial delivery service; and
         Allows the Department of State to accept substituted service of process by electronic means.
BILL: CS/CS/SB 1062                                                                                       Page 2

           This bill does not appear to have a fiscal impact on state or local governments.

           The section of the bill regarding notice before filing an action for medical malpractice takes
           effect upon becoming law, the remainder of the bill takes effect January 2, 2023.

    II.    Present Situation:

           A fundamental concept of due process is that a person must be given fair notice of the initiation
           of an action against them. Delivery of that notice is referred to as “service of process.” Adequate
           service of process is also required to summon a witness for testimony or for production of
           evidence. Centuries ago, service of process was only trusted to the county sheriff. Modern
           concepts of due process required for adequate service of process recognize that there are
           numerous means by which a person or entity may be fairly appraised of a lawsuit or a
           requirement to produce evidence.

           The traditional and best form of service of process on a competent adult is by personal delivery
           to that individual, but that is not always possible. Individuals may be difficult to find, whether
           intentionally or not. Individuals may be incompetent, whether medically or by youth. Procedures
           need to be established for determining how to serve process on an entity in a manner likely to
           have it noticed by management for a timely response. A large body of law has been devoted to
           the allowable methods for service of process.

           The Secretary of State is involved in many aspects of service of process. The Secretary is head of
           the Department of State, which handles the administrative duties of the Secretary. The Division
           of Corporations, under the Department of State, accepts business entity registrations and
           renewals, and maintains a publicly-accessible record of every entity, listing a registered agent
           and the names of the related top-level individuals of the entity. Every current entity must appoint
           a registered agent, a person within the state who is authorized by the entity to accept service of
           process directed to the entity. In some instances, substituted service of process may be made on
           the Secretary of State.

III.       Effect of Proposed Changes:

           Service of Process on a General Partnership (Section 2)

           A general partnership is a form of business where two or more individuals jointly engage in an
           enterprise. The assets of the partnership are subject to creditor claims, and every partner is jointly
           and severally liable for the debts of the partnership. Currently, service on any partner, or on a
           registered agent if one is named, is deemed service on the partnership, making the assets of the
           partnership available to the plaintiff. Individual partners are personally liable for partnership
           debts if partnership assets are exhausted, but must be served with process as an individual in
           order for his or her non-partnership assets to be subject to creditor claims.1 A general partnership
           may, but is not required to, register with the Department of State and name a registered agent for




1
    Sections 48.061(1), 620.8306, and 620.8307, F.S.
BILL: CS/CS/SB 1062                                                                                   Page 3

         service of process.2 A general partnership may designate an employee to accept service of
         process during regular business hours.3

         The bill provides that, after one attempt at service of process on any partner, registered agent, or
         designated employee, a partnership may be served by delivery of process to a person in charge of
         the partnership during regular business hours.

         Service of Process on a Limited Liability Partnership (Section 2)

         A partnership may elect to be a limited liability partnership by registration with the Secretary of
         State. The assets of the partnership are subject to creditor claims, but the non-partnership assets
         of all of the individual partners are not subject to creditor claims.4 Current statutes do not
         specifically address service of process on a limited liability partnership, current law on general
         partnerships therefore applies.

         The bill specifies the manner of service of process on a limited liability partnership. Process must
         first be attempted on the registered agent. If service on the registered agent fails, process may be
         made on any partner. If no partner is available during regular business hours, any partner may
         designate an employee to accept service of process. If service on a partner or designated
         employee fails, process may be served on the person in charge of the partnership during regular
         business hours. If all of these fail, process may be served upon the Secretary of State or by any
         other method approved by court order.

         Service of Process on a Limited Partnership (Sections 2, 30, 31, 32, 33, 34, 35)

         A limited partnership has two classes of partners, limited partners and general partners. The
         limited partnership must have at least one of each. A limited partnership formed in the state or
         doing business in the state must register with the Secretary of State. The assets of the limited
         partnership are subject to creditor claims, as are the assets of a general partner, but the non-
         partnership assets of any limited partner are not subject to creditor claims.5 Service of process on
         a limited partnership is by service on the registered agent. If service cannot be made against the
         registered agent, substituted service may be made on the Secretary of State.6

         The bill provides that service of process on a domestic limited partnership must first be
         attempted by delivery to the registered agent. If that service fails, service may be on any general
         partner of the limited partnership. If that fails, service may be made on the Secretary of State or
         by any other method approved by court order.

         The bill also provides that a notice or demand required to be delivered to the limited partnership
         which is not service of process may be delivered to any general partner, the registered agent, or
         to any other address that is the principal place of business in this state.


2
  Section 620.8105, F.S.
3
  Section 48.061(1), F.S. This designation is internal to the partnership.
4
  Section 620.8306(3), F.S.
5
  Section 620.1404(1), F.S. See also s. 620.1303, F.S.
6
  Section 620.1117, F.S.
BILL: CS/CS/SB 1062                                                                                                   Page 4

         Service of Process on a Limited Liability Company (Sections 3, 19, 21 and 22)

         A limited liability company is a form of business entity that is formed by enactment of an
         operating agreement and registration with the Secretary of State. Like a corporation, individual
         investors are not liable for entity debts. Service of process on a limited liability company may be
         on the registered agent. If service on the registered agent fails, process may be served on any
         member of a member-managed limited liability company or any manager of a manager-managed
         limited liability company. If these fail, substituted service may be on the Secretary of State. 7

         The bill keeps the registered agent first and the Secretary of State as a last resort, and provides
         that any other person listed publicly in the company’s latest annual report, as most recently
         amended, as an additional alternative to any manager of a manager-managed limited liability
         company or any member of a member-managed limited liability company. As a last resort, the
         bill adds any other method approved by court order as an alternative to service on the Secretary
         of State.

         To cancel its certificate of authority to transact business in the state, a foreign limited liability
         company must in part furnish the Secretary of State with an address that can be used should the
         company be served with substitute process through the Secretary of State,8 and must commit to
         keeping the address on file current.9 The bill adds a requirement to furnish and update, as
         necessary, an email address.

         Business entities may have authority to convert from one form of entity to another. Where the
         converting entity is a registered limited liability company and the converted entity is any form of
         foreign entity that is not registered in Florida, the entity must give the Secretary of State a
         mailing address that can be used should the entity be served with substitute process through the
         Secretary of State.10 The bill adds a requirement to furnish an email address with the mailing
         address.

         Service of Process on a Corporation (Sections 5, 23, 24, 25, 26, 27, 28, and 29)

         A corporation is a form of business entity in which investors purchase shares of stock in the
         corporation and vote for a board of directors to manage the entity. Shareholders are generally not
         liable for the debts of the corporation. Service of process on a corporation is by delivery to the
         president, vice president, or any other head of the corporation. In the absence of a president or
         other head of the corporation, service may be made on the cashier, treasurer, secretary, or general
         manager. In the absence of any of the foregoing, service may be made on any director of the
         corporation. In the absence of any of the foregoing, service may be made on any officer or
         business agent residing in the state. If a foreign corporation has none of the foregoing officers or
         agents in this state, service may be made on any agent transacting business for it in this state. As
         an alternative to all of the foregoing, process may be served on the registered agent. 11 Also as an

7
  Section 605.0117, F.S.
8
  Section 605.0910(1)(f), F.S.
9
  Section 605.0910(1)(g), F.S.
10
   Section 605.1045(2)(f), F.S.
11
   Section 48.081, F.S. This section does not apply to a corporation that is an insurance company. Service on an insurance
company is not affected by this bill.
BILL: CS/CS/SB 1062                                                                                                 Page 5

         alternative, should all of the foregoing fail, service may be by delivery to any employee of the
         corporation at the principal place of business or any employee of the registered agent.

         The bill requires that the first attempt at service of process be delivery to the registered agent. If
         service on the registered agent fails, service may be by delivery to the chair of the board of
         directors, the president, any vice president, the secretary, the treasurer, or any other person listed
         on the most recent corporate filing with the Secretary of State. If service on these fail, service
         may be by substituted service on the Secretary of State or by any other method approved by
         court order. The bill repeals the duty to go down the hierarchy of officers and repeals the “any
         employee” option.

         To cancel its certificate of authority to transact business in the state, a foreign corporation must
         in part furnish the Secretary of State with an address that can be used should the corporation be
         served with substitute process through the Secretary of State,12 and must commit to update the
         mailing address in the future.13 The bill adds a requirement to furnish an email address as a part
         of the withdrawal, and requires a corporation to also commit to future updates to the email
         address.

         Alternative Use of Commercial Delivery Services (Sections 4, 11, and 17)

         Various forms of service of process require that a copy of the papers served also be furnished to
         the person affected by mailing through the United States Postal Service. In the following statutes,
         the bill adds that delivery by a commercial firm regularly engaged in the business of document or
         package delivery is an alternative to U.S. postal delivery:
          Service of process on agents of nonresidents (natural persons or partnerships) doing business
             in the state;14
          Substituted service of process by service on the Secretary of State; and15
          Presuit service of a notice of intent to file a medical negligence action.16

         Offices of Registered Agents (Section 6)

         A registered agent for a corporation is required to be open daily from 10 a.m. to noon, except for
         weekends and holidays, and must post a sign listing the corporations that the registered agent
         serves.17 No statute governs operating hours or signs of a registered agent for other forms of
         business entity.

         The bill adds all forms of a business entity to the statute governing registered agents, allows a
         registered agent to be open at times in addition to the 10 a.m. to noon requirement, repeals the
         sign requirement, specifies that service on a registered agent may be by delivery to any employee
         of the registered agent, and codifies the commonly understood duty of a registered agent to


12
   Section 607.1520(1)(f), F.S. (for-profit corporations); s. 617.1520(2)(d), F.S. (not-for-profit corporations).
13
   Section 607.1520(1)(g), F.S. (for-profit corporations); s. 617.1520(2)(e), F.S. (not-for-profit corporations).
14
   Section 48.071, F.S.
15
   Section 48.161, F.S.
16
   Section 766.106(2)(a), F.S.
17
   Section 48.091, F.S.
BILL: CS/CS/SB 1062                                                                                     Page 6

           promptly forward the process and any related papers to the responsible person in the business
           entity.

           Service on a Dissolved Entity (Section 7)

           Service of process on a dissolved corporation is the same as service of process on an active
           corporation.18 The statutes do not address service of process on other forms of a business entity
           after dissolution of the entity.

           The bill confirms that service on a dissolved corporation is the same as an active corporation as
           such is amended by the bill. Additionally, the bill adds that service on a dissolved corporation
           may also be delivered to an existing court-appointed trustee, custodian, or receiver, and adds that
           the court may appoint a trustee, custodian, or receiver to receive process on behalf of a dissolved
           domestic for-profit corporation. The bill provides that service on a dissolved limited liability
           company is the same as an active limited liability company. Process may be delivered to a court-
           appointed liquidator, trustee, or receiver of a dissolved limited liability company, and the court
           may appoint a trustee, custodian, or receiver to receive process on behalf of a dissolved domestic
           limited liability company. Finally, the bill adds that service on a dissolved limited partnership is
           the same as service on an active limited partnership.

           Court-Ordered Alternative Means of Service of Process (Section 8)

           Current law on service of process specifies the manner of service of process for various entities
           and situations, but gives no flexibility for unique circumstances. The bill provides flexibility
           where, despite due diligence, the party has been unable to personally serve process on any of the
           following forms of business entity:
            A domestic or foreign corporation;
            A domestic or foreign general partnership, including a limited liability partnership;
            A domestic or foreign limited partnership, including a limited liability limited partnership; or
            A domestic or foreign limited liability company.

           In situations where the entity cannot otherwise be served, the court, upon motion and a showing
           of such inability, may authorize service in any other manner that the party seeking to effectuate
           service shows will be reasonably effective to give the entity actual notice of the suit. Such other
           manners of service may include service electronically by email or other technology by any
           person authorized to serve process or by an attorney. The court may authorize other methods of
           service consistent with the principles of due process. Additionally, in suits involving a breach of
           contract, the court may authorize the parties to effectuate service in the manner provided in the
           contractual notice provision of the contract.

           Service on Public Agencies and Officers (Section 9)

           Current law provides that process against any municipal corporation, agency, board, or
           commission, department, or subdivision of the state or any county which has a governing board,
           council, or commission or which is a body corporate must be served:

18
     Section 48.101, F.S.
BILL: CS/CS/SB 1062                                                                                               Page 7

            On the president, mayor, chair, or other head thereof; and in his or her absence;
            On the vice president, vice mayor, or vice chair, or in the absence of all of the above;
            On any member of the governing board, council, or commission.19

        The bill provides that process against any municipal corporation, agency, board, or commission,
        department, or subdivision of the state or any county which has a governing board, council, or
        commission or which is a body corporate must be served on the registered agent. However, if the
        entity does not have a registered agent, or if the registered agent cannot be served after one good
        faith attempt, the entity must be served:
         On the president, mayor, chair, or other head thereof, and in the absence of the
            aforementioned;
         On the vice president, vice mayor, or vice chair, and in the absence of the aforementioned;
         On any member of the governing board, council, or commission, the manager of the
            governmental entity, of an in-house attorney for the governmental entity, and in the absence
            of the aforementioned;
         On any employee of the governmental entity at the main office of the governmental entity.

        Procedures for Substituted Service through the Secretary of State (Sections 1 and 11)

        Several statutes on service of process refer to substituted service of process by service on the
        Secretary of State. This is generally only available where attempts at personal service have
        failed. Substituted service on the Secretary of State is effectuated by either hand delivery or by
        certified mail addressed to the Secretary of State, together with a fee of $8.75. A copy of the
        process must be sent to the individual or entity at the last known address by certified or
        registered mail.20 Case law interpreting the statute requires that a party using substituted service
        on the Secretary of State make an honest and conscientious effort, in addition to the mailing, to
        provide the defendant with actual notice of the lawsuit,21 which may be notice through a known
        email.22 When using substituted service on the Secretary of State, the bill:
         Allows the Secretary of State to agree to receive service of process electronically;
         Repeals the $8.75 fee payable to the Secretary of State;
         Expands the options for delivery by adding the option to use a commercial firm regularly
            engaged in the business of document or package delivery as an alternative to mailing;
         Requires that the party send a copy by e-mail or other electronic means if the parties have
            recently and regularly used any of those means of communication;
         Requires that the party send a copy by mail or commercial delivery of the process to the last
            known address of the party being served;
         Requires the party to file with the court proof of delivery from the post office or commercial
            service, unless the party being served is actively refusing or rejecting delivery;
         Requires the party to file an affidavit showing due diligence in the search for the party being
            served and the need for substituted service, together with any return receipt or other proof of

19
   Section 48.111(1), F.S.
20
   Section 48.161, F.S.
21
   All Mobile Video v. Whitener, 773 So. 2d 587, 589-90 (Fla. 1st DCA 2000) (plaintiff knew telephone and fax number of
defendant company but did not call or fax for new address when mailed copy of process was returned).
22
   Crystal Springs Partners, Ltd. v. Michael R. Band, P.A., 132 So. 3d 1230 (Fla 3rd DCA 2014) (law firm plaintiff knew
former client’s email address and should have emailed copy of process in addition to mailing).
BILL: CS/CS/SB 1062                                                                                     Page 8

             mailing or delivery, within 40 days after delivery to the Secretary of State. The court may
             extend the 40 days; and
            Establishes that the date of service of substituted process is the date of delivery to the
             Secretary of State. The Secretary of State must maintain a record of each process delivered.

        The bill also defines the due diligence necessary before resorting to substituted service on a
        natural person as:
         Diligent inquiry and an honest and conscientious effort appropriate to the circumstances to
            acquire the information necessary to effectuate personal service;
         Reasonable use of the knowledge at the party’s command, including knowledge obtained by
            the diligent inquiry; and
         An appropriate number of attempts to serve the party, taking into account the particular
            circumstances, during such times when and where the party is reasonably likely to be found,
            as determined through resources reasonably available to the party seeking to secure service
            of process.

        Authorization for Substituted Service on Nonresidents and Foreign Business Entities Doing
        Business in the State or Who Are Concealing Their Whereabouts (Section 12)

        Current law provides that a nonresident individual or entity doing business in the state is
        presumed to have appointed the Secretary of State to accept service of process. This also applies
        to any person who was a resident of the state but who has left the state and to a person who is
        concealing his or her whereabouts.23

        The bill repeals the application of this section to former residents, as service on them is provided
        in statutes allowing for service outside of the state. If a nonresident business entity has properly
        registered with the Department of State, the bill requires that service of process first be attempted
        by delivery to the registered agent, then to the entity officials as appropriate to the form of entity,
        and only after failing in all such attempts, by substituted service on the Secretary of State.

        Service on Unknown Parties in Possession of Rental Property (Section 13)

        Landlord-tenant eviction requires two attempts at personal service on a tenant at least six hours
        apart. If the tenant is not found after the second attempt, the process must be conspicuously
        posted on the rental property and a copy mailed to the tenant by the clerk.24 It is unclear whether
        this procedure applies where an unknown person is discovered to be living in the rental unit.

        The bill creates a new section of law limited to service of process on an unknown person in
        possession of real property. The clerk of court is required to issue a summons in the name of
        “Unknown Party in Possession.” The property owner must make three attempts at service, one
        during business hours, one during nonbusiness hours, and one on a weekend.25 On each attempt
        the process server must inquire as to the name of the unknown occupant. The property owner
        must have a copy of the process mailed by the clerk of court to the unknown party in possession

23
   Section 48.181, F.S.
24
   Section 48.183, F.S.
25
   In general, service of process may not be made on a Sunday. Section 48.20, F.S.
BILL: CS/CS/SB 1062                                                                                       Page 9

           at the property address and must post a copy of the process conspicuously on the property. The
           date of service for purposes of calculating the 5 days for a defendant to file an answer is the later
           of the date of personal service, the date of posting on the property, or the date the clerk mails the
           process. If the inquiry discovers the name of the unknown person in possession, the person must
           be named in the pleadings. If the name is not known and the legal requirements of eviction are
           met, the clerk may issue a writ of possession against an unknown person and the sheriff may
           remove any person on the property.

           Personal Service Outside of Florida (Sections 14 and 15)

           Service on persons outside the state is effective if made in the manner required for in-state
           process, except that it must be served by a person authorized under that jurisdiction’s law to
           serve process.26 The statute mentions that service outside of the United States may be subject to
           treaty, but does not require compliance. The bill limits application of this section to service
           within the other 49 states and within U.S. territories and commonwealths, and creates a new
           section governing service of Florida process upon a person or entity in a foreign country.

           The bill provides that service of process may be effectuated in a foreign country upon a party,
           other than a minor or an incompetent person, by any internationally agreed-upon means of
           service reasonably calculated to give actual notice of the proceedings, such as those authorized
           by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in
           Civil or Commercial Matters. If there is no internationally agreed-upon means of service, or if an
           international agreement allows but does not specify other means, service of process may be made
           by any method reasonably calculated to give actual notice of the proceedings. Reasonable
           methods are those prescribed by the foreign country’s law for service in that country in an action
           in its courts of general jurisdiction, those directed by the foreign authority in response to a letter
           rogatory or letter of request, or unless prohibited by the foreign country’s law, by delivering a
           copy of the summons and of the complaint to the individual personally or by using any form of
           mail which the clerk addresses and sends to the party, which requires a signed receipt. Pursuant
           to motion and order by the court, service of process may be by other means, including
           electronically by email or other technology, if the party seeking service shows such form of
           service is reasonably calculated to give actual notice of the proceedings and is not prohibited by
           international agreement.

           Service of Process by Publication (Section 16)

           The bill amends s. 49.011, F.S., to expand the cases in which service of process by publication is
           permitted. The bill authorizes service by publication in a paternity case upon the legal mother
           when there is no legal father established.

           Presuit Notice in Medical Negligence Action (Section 17)

           Before filing a medical negligence action, an injured patient must first deliver to each
           prospective defendant a notice of intent to file the action. This notice starts a 90-day presuit
           investigation period. The notice also tolls the running of the statute of limitations. The notice

26
     Section 48.194, F.S.
BILL: CS/CS/SB 1062                                                                                                   Page 10

         must be delivered by certified mail, return receipt requested.27 While many laws on service of
         process by mail provide that the date of service is the day of mailing, this statute has been
         interpreted to mean that the date of service is the day that the prospective defendant received the
         mailing.28

         The bill expands the methods of service of the presuit notice to allow United States mail service
         with a tracking number, use of an interstate commercial mail carrier or delivery service, or
         service by any person authorized by law to serve process. The bill also specifies that delivery to
         an address on file with the Department of Health, the Secretary of State, or the Agency for
         Health Care Administration creates a rebuttable presumption that service of the presuit notice
         was made. If the question of proper service is made, the court must conduct an evidentiary
         hearing, and if service is challenged, it must be challenged in the first response to the
         complaint.29 The bill also provides that tolling of the statute of limitations begins on the date of
         mailing or the date of the first attempt at service by the certified process server, tolling applies to
         all defendants, and the 90-day investigation period starts upon delivery of the notice rather than
         upon mailing.

         Miscellaneous (Sections 10, 18, and 20)

         The bill amends ss. 48.151, 495.145, and 605.09091, F.S., respectively, to make conforming
         changes to provisions made by the bill.

         Effective Date

         The section of the bill regarding notice before filing an action for medical malpractice takes
         effect upon becoming law, the remainder of the bill takes effect January 2, 2023.


IV.      Constitutional Issues:

         A.       Municipality/County Mandates Restrictions:

                  The bill does not require counties or municipalities to spend funds or limit their authority
                  to raise revenue or receive state-shared revenues as specified in Article VII, s. 18 of the
                  Florida Constitution.

         B.       Public Records/Open Meetings Issues:

                  None.


27
   Section 766.106(2), F.S.
28
   Boyd v. Becker, 627 So. 2d 481 (Fla.1993); Bove v. Naples, LLC, 196 So. 3d 411 (Fla. 2nd DCA 2016) (case dismissed
where notice was mailed one day before statute of limitations ran and received several days after).
29
   If the court determines that service was properly made and the prospective defendant proves by the greater weight of the
evidence that neither they nor a person legally related to the prospective defendant knew or should have known of the service,
the court must stay the case for a presuit period pursuant to s. 766.106, F.S. In such situation, the statute of limitations and
statute of repose are tolled from the time service was properly made at the prospective defendant’s address until the
conclusion of the presuit period.
 BILL: CS/CS/SB 1062                                                                               Page 11

        C.      Trust Funds Restrictions:

                None.

        D.      State Tax or Fee Increases:

                None.

        E.      Other Constitutional Issues:

                None Identified.

  V.    Fiscal Impact Statement:

        A.      Tax/Fee Issues:

                None.

        B.      Private Sector Impact:

                None.

        C.      Government Sector Impact:

                None.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill substantially amends the following sections of the Florida Statutes: 15.16, 48.061,
        48.062, 48.071, 48.081, 48.091, 48.101, 48.111, 48.151, 48.161, 48.181, 48.194, 49.011,
        766.106, 495.145, 605.0117, 605.09091, 605.0910, 605.1045, 607.0504, 607.1423, 607.15101,
        607.1520, 617.0504, 617.1510, 617.1520, 620.1117, 620.1907, 620.2105, 620.2109, 620.8915,
        and 620.8919.

        This bill creates the following sections of the Florida Statutes: 48.102, 48.184, and 48.197.
BILL: CS/CS/SB 1062                                                                                                                 Page 12

IX.   Additional Information:

      A.       Committee Substitute – Statement of Substantial Changes:
               (Summarizing differences between the Committee Substitute and the prior version of the bill.)

               CS by Judiciary on January 11, 2022:
               The committee substitute removes references to service or notice by social media, limits
               the new criteria for due diligence to only apply the criteria to service of process on an
               individual, makes technical amendments to section of bill regarding service of process on
               an unnamed occupant of a rental property and allows posting on any attempt, and adds a
               duty of a foreign corporation to keep its email address on file with the Secretary of State
               current to match the same change made by the bill to partnerships and limited liability
               companies.

               CS by Commerce and Tourism on January 31, 2022:
               The committee substitute:
                Adds to the section of the bill dealing with alternative means of service and provides
                  that after due diligence, other manners of service may include service electronically
                  by email or other technology by any person authorized to serve process or by an
                  attorney. It also provides that the court may authorize other methods of service
                  consistent with the principles of due process, and in suits involving a breach of
                  contract, the court may authorize the parties to effectuate service in the manner
                  provided in the contractual notice provision of the contract;
                Provides the manner and order of priority for attempted service on public agencies
                  and officers;
                Removes the rebuttable presumption used in determining whether the party
                  effectuating service used due diligence with substituted service on nonresidents;
                Authorizes service by publication in a paternity case upon the legal mother when
                  there is no legal father established; and
                Establishes that a claimant may provide notice by using any person authorized by law
                  to serve process in litigation for medical negligence, and clarifies that if service is
                  challenged it must be challenged in the first response to the complaint.

      B.       Amendments:

               None.

       This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
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                               LEGISLATIVE ACTION
           Senate                      .                  House
          Comm: RCS                    .
         02/01/2022                    .
                                       .
                                       .
                                       .




     The Committee on Commerce and Tourism (Bradley) recommended the
     following:


1        Senate Amendment (with title amendment)
2
3        Delete lines 544 - 955
4    and insert:
5    service electronically by e-mail or other technology by any
6    person authorized to serve process in accordance with this
7    chapter, or by an attorney. The court may authorize other
8    methods of service consistent with the principles of due
9    process. In suits involving a breach of contract, the court may
10   consider authorizing the parties to effectuate service in the



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11   manner provided for in the contractual notice provision of the
12   subject contract.
13       Section 9. Subsection (1) of section 48.111, Florida
14   Statutes, is amended to read:
15       48.111 Service on public agencies and officers.—
16       (1) Process against any municipal corporation, agency,
17   board, or commission, department, or subdivision of the state or
18   any county which has a governing board, council, or commission
19   or which is a body corporate shall be served:
20       (a) On the registered agent; or
21       (b) If the municipal corporation, agency, board, or
22   commission, department, or subdivision of the state does not
23   have a registered agent, or if the registered agent cannot
24   otherwise be served after one good faith attempt:
25       1. On the president, mayor, chair, or other head thereof;
26   and in the his or her absence of all persons listed in this
27   subparagraph;
28       2.(b) On the vice president, vice mayor, or vice chair, and
29   or in the absence of all persons listed in subparagraph 1. and
30   this subparagraph of the above;
31       3.(c) On any member of the governing board, council, or
32   commission, the manager of the governmental entity, if any, or
33   an in-house attorney for the governmental entity, if any, and in
34   the absence of all the persons listed in subparagraph 1.,
35   subparagraph 2., and this subparagraph;
36       4. On any employee of the governmental entity at the main
37   office of the governmental entity.
38       Section 10. Subsection (2) of section 48.151, Florida
39   Statutes, is amended to read:

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40       48.151 Service on statutory agents for certain persons.—
41       (2) This section does not apply to substituted service of
42   process under s. 48.161 or s. 48.181 on nonresidents.
43       Section 11. Section 48.161, Florida Statutes, is amended to
44   read:
45       48.161 Method of substituted service on nonresident.—
46       (1) When authorized by law, substituted service of process
47   on a nonresident individual or a corporation or other business
48   entity incorporated or formed under the laws of any other state,
49   territory, or commonwealth, or the laws of any foreign country,
50   may or a person who conceals his or her whereabouts by serving a
51   public officer designated by law shall be made by sending
52   leaving a copy of the process to the office of the Secretary of
53   State by personal delivery; by registered mail; with a fee of
54   $8.75 with the public officer or in his or her office or by
55   mailing the copies by certified mail, return receipt requested;
56   by use of a commercial firm regularly engaged in the business of
57   document or package delivery; or by electronic transmission to
58   the public officer with the fee. The service is sufficient
59   service on a party that defendant who has appointed or is deemed
60   to have appointed the Secretary of State a public officer as
61   such party’s his or her agent for the service of process. The
62   Secretary of State shall keep a record of all process served on
63   the Secretary of State showing the day and hour of service.
64       (2) Notice of service and a copy of the process must shall
65   be sent forthwith by the party effectuating service or by such
66   party’s attorney by registered mail; by registered or certified
67   mail, return receipt requested; or by use of a commercial firm
68   regularly engaged in the business of document or package

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69   delivery. In addition, if the parties have recently and
70   regularly used e-mail or other electronic means to communicate
71   between themselves, the notice of service and a copy of the
72   process must be sent by such electronic means or, if the party
73   is being served by substituted service, the notice of service
74   and a copy of the process must be served at such party’s last
75   known physical address and, if applicable, last known electronic
76   address. The party effectuating service shall file proof of
77   service or return receipts showing delivery to the other party
78   by mail or courier and by electronic means, if electronic means
79   were used, unless the party is actively refusing or rejecting
80   the delivery of the notice. An by the plaintiff or his or her
81   attorney to the defendant, and the defendant’s return receipt
82   and the affidavit of compliance of the party effectuating
83   service plaintiff or such party’s his or her attorney must of
84   compliance shall be filed within 40 days after on or before the
85   date return day of service on the Secretary of State process or
86   within such additional time as the court allows. The affidavit
87   of compliance must set forth the facts that justify substituted
88   service under this section and that show due diligence was
89   exercised in attempting to locate and effectuate personal
90   service on the party before using substituted service under this
91   section. The party effectuating service does not need to allege
92   in its original or amended complaint the facts required to be
93   set forth in the affidavit of compliance.
94       (3) When an individual or a business entity conceals its
95   whereabouts, the party seeking to effectuate service, after
96   exercising due diligence to locate and effectuate personal
97   service, may use substituted service pursuant to subsection (1)

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98    in connection with any action in which the court has
99    jurisdiction over such individual or business entity. The party
100   seeking to effectuate service must also comply with subsection
101   (2); however, a return receipt or other proof showing acceptance
102   of receipt of the notice of service and a, or the notice and
103   copy of the shall be served on the defendant, if found within
104   the state, by an officer authorized to serve legal process by
105   the concealed party need not be filed, or if found without the
106   state, by a sheriff or a deputy sheriff of any county of this
107   state or any duly constituted public officer qualified to serve
108   like process in the state or jurisdiction where the defendant is
109   found. The officer’s return showing service shall be filed on or
110   before the return day of the process or within such time as the
111   court allows. The fee paid by the plaintiff to the public
112   officer shall be taxed as cost if he or she prevails in the
113   action. The public officer shall keep a record of all process
114   served on him or her showing the day and hour of service.
115       (4) The party effectuating service is considered to have
116   used due diligence if that party:
117       (a) Made diligent inquiry and exerted an honest and
118   conscientious effort appropriate to the circumstances to acquire
119   the information necessary to effectuate personal service;
120       (b) In seeking to effectuate personal service, reasonably
121   employed the knowledge at the party’s command, including
122   knowledge obtained pursuant to paragraph (a); and
123       (c) Made an appropriate number of attempts to serve the
124   party, taking into account the particular circumstances, during
125   such times when and where such party is reasonably likely to be
126   found, as determined through resources reasonably available to

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127   the party seeking to secure service of process.
128       (5)(2) If any individual person on whom service of process
129   is authorized under subsection (1) dies, service may be made in
130   the same manner on his or her administrator, executor, curator,
131   or personal representative in the same manner.
132       (9)(3) This section does not apply to persons on whom
133   service is authorized under s. 48.151.
134       (6)(4) The Secretary of State public officer may designate
135   an individual some other person in his or her office to accept
136   service.
137       (7) Service of process is effectuated under this section on
138   the date the service is received by the Department of State.
139       (8) The Department of State shall maintain a record of each
140   process served pursuant to this section and record the time of
141   and the action taken regarding the service.
142       Section 12. Section 48.181, Florida Statutes, is amended to
143   read:
144       48.181 Substituted service on nonresidents and foreign
145   business entities nonresident engaging in business in state or
146   concealing their whereabouts.—
147       (1) As used in this section, the term “foreign business
148   entity” means any corporation or other business entity that is
149   incorporated, formed, or existing under the laws of any other
150   state, territory, or commonwealth, or the laws of any foreign
151   country.
152       (2) The acceptance by any individual person or persons,
153   individually or associated together as a copartnership or any
154   other form or type of association, who is a resident are
155   residents of any other state, territory, or commonwealth, or of

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156   any foreign or country, or by any foreign business entity and
157   all foreign corporations, and any person who is a resident of
158   the state and who subsequently becomes a nonresident of the
159   state or conceals his or her whereabouts, of the privilege
160   extended by law to nonresidents and others to operate, conduct,
161   engage in, or carry on a business or business venture in this
162   the state, or to have an office or agency in this the state, is
163   deemed to constitute constitutes an appointment by the
164   individual or persons and foreign business entity corporations
165   of the Secretary of State of this the state as its their agent
166   on whom all process in any action or proceeding against the
167   individual or foreign business entity them, or any combination
168   thereof of them, arising out of any transaction or operation
169   connected with or incidental to the business or business venture
170   may be served as substituted service in accordance with this
171   chapter. The acceptance of the privilege is signification of the
172   agreement of the respective individual or persons and foreign
173   business entity corporations that the process served against it
174   in accordance with this chapter them which is so served is of
175   the same validity as if served personally on the individual
176   persons or foreign business entity corporations.
177       (3)(2) If a foreign business entity corporation has
178   registered to do business a resident agent or officer in this
179   the state and has maintained its registration in an active
180   status or otherwise continued to have a registered agent,
181   personal service of process must first shall be attempted served
182   on the foreign business entity in the manner and order of
183   priority described in this chapter as applicable to the foreign
184   business entity. If, after due diligence, the party seeking to

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185   effectuate service of process is unable to effectuate service of
186   process on the registered agent or other official as provided in
187   this chapter, the party may use substituted service of process
188   on the Secretary of State resident agent or officer.
189       (4) Any individual or foreign business entity that conceals
190   its whereabouts is deemed to have appointed the Secretary of
191   State as its agent on whom all process may be served, in any
192   action or proceeding against it, or any combination thereof,
193   arising out of any transaction or operation connected with or
194   incidental to any business or business venture carried on in
195   this state by such individual or foreign business entity.
196       (5)(3) Any individual or foreign business entity that
197   person, firm, or corporation which sells, consigns, or leases by
198   any means whatsoever tangible or intangible personal property,
199   through brokers, jobbers, wholesalers, or distributors to any
200   individual person, firm, or corporation, or other business
201   entity in this state is conclusively presumed to be both engaged
202   in substantial and not isolated activities within this state and
203   operating, conducting, engaging in, or carrying on a business or
204   business venture in this state.
205       (6) Service pursuant to this section must be effectuated in
206   the manner prescribed by s. 48.161.
207       Section 13. Section 48.184, Florida Statutes, is created to
208   read:
209       48.184 Service of process for removal of unknown parties in
210   possession.—
211       (1) This section applies only to actions governed by s.
212   82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent
213   that such actions seek relief for the removal of unknown parties

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214   in possession of real property. The provisions of this section
215   are cumulative to other provisions of law or rules of court
216   about service of process, and all other such provisions are
217   cumulative to this section.
218       (2) A summons must be issued in the name of “Unknown Party
219   in Possession” when the name of an occupant of real property is
220   not known to the plaintiff and the property occupied by the
221   unknown party is identified in the complaint and summons. A
222   separate summons must be issued for each such unknown occupant.
223       (3) The plaintiff shall attempt to serve the summons on any
224   unknown occupant of the property described in the summons and
225   complaint. If service on the unknown occupant is not effectuated
226   on the first attempt, at least two additional attempts must be
227   made. The three attempts to obtain service must be made once
228   during business hours, once during nonbusiness hours, and once
229   during a weekend. The process server shall make an inquiry as to
230   the name of the unknown occupant at the time of service. The
231   return of service must note the name of the occupant if obtained
232   by the process server or state that the name of the occupant
233   could not be obtained after inquiry. If the name of the occupant
234   becomes known to the plaintiff through the return of service or
235   otherwise, without notice or hearing thereon, all subsequent
236   proceedings must be conducted under the true name of such
237   occupant and all prior proceedings are deemed amended
238   accordingly.
239       (4) Service of process must also be made on unknown
240   occupants by both of the following means:
241       (a) By attaching the summons and complaint to a conspicuous
242   location on the premises involved in the proceedings.

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243          (b) Upon issuance of the summons, by the plaintiff
244   providing the clerk of the court with one additional copy of the
245   summons and complaint for each unknown occupant and a prestamped
246   envelope for each unknown occupant addressed to the unknown
247   occupant at the address of the premises involved in the
248   proceedings. The clerk of the court shall immediately mail a
249   copy of the summons and complaint by first-class mail, note the
250   fact of mailing in the docket, and file a certificate in the
251   court file of the fact and date of mailing. The clerk of the
252   court shall charge such fees for such services as provided by
253   law.
254          (5) Service is effective on the unknown occupant in
255   possession on the later of the date that personal service is
256   made, the date of attaching the summons and complaint to a
257   conspicuous location on the premises, or upon mailing by the
258   clerk.
259          (6) The judgment and writ of possession must refer to any
260   unknown occupant in possession by name if the name is shown on
261   the return of service or is otherwise known to the plaintiff. If
262   the name of any unknown occupant in possession is not shown on
263   the return of service or otherwise known to the plaintiff and
264   service has been effectuated as provided in this section, the
265   judgment and writ of possession must refer to each such person
266   as “Unknown Party in Possession,” and the writ of possession
267   must be executed by the sheriff by dispossessing the occupants
268   and placing the plaintiff in possession of the property.
269          Section 14. Subsections (1) and (2) of section 48.194,
270   Florida Statutes, are amended to read:
271          48.194 Personal service in another outside state,

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272   territory, or commonwealth of the United States.—
273       (1) Except as otherwise provided herein, service of process
274   on a party in another persons outside of this state, territory,
275   or commonwealth of the United States must shall be made in the
276   same manner as service within this state by any person
277   authorized to serve process in the state where service shall be
278   made the person is served. No order of court is required. A
279   court may consider the return-of-service form described in s.
280   48.21, or any other competent evidence, must be filed with the
281   court stating the time, manner, and place of service. The court
282   may consider such evidence in determining whether service has
283   been properly made. Service of process on persons outside the
284   United States may be required to conform to the provisions of
285   the Hague Convention on the Service Abroad of Judicial and
286   Extrajudicial Documents in Civil or Commercial Matters.
287       (2) When where in rem or quasi in rem relief is sought in a
288   foreclosure proceeding as defined by s. 702.09, and the address
289   of the person to be served is known, service of process on a
290   person in another state, territory, or commonwealth outside of
291   the United States this state where the address of the person to
292   be served is known may be made by registered mail as follows:
293       (a) The party’s attorney or the party, if the party is not
294   represented by an attorney, shall place a copy of the original
295   process and the complaint, petition, or other initial pleading
296   or paper and, if applicable, the order to show cause issued
297   pursuant to s. 702.10 in a sealed envelope with adequate postage
298   addressed to the person to be served.
299       (b) The envelope must shall be placed in the mail as
300   registered mail.

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301       (c) Service under this subsection is deemed shall be
302   considered obtained upon the signing of the return receipt by
303   the person allowed to be served by law.
304       Section 15. Section 48.197, Florida Statutes, is created to
305   read:
306       48.197 Service in a foreign country.—
307       (1) Service of process may be effectuated in a foreign
308   country upon a party, other than a minor or an incompetent
309   person, as provided in any of the following:
310       (a) By any internationally agreed-upon means of service
311   reasonably calculated to give actual notice of the proceedings,
312   such as those authorized by the Hague Convention on the Service
313   Abroad of Judicial and Extrajudicial Documents in Civil or
314   Commercial Matters.
315       (b) If there is no internationally agreed-upon means of
316   service, or if an international agreement allows but does not
317   specify other means, by a method reasonably calculated to give
318   actual notice of the proceedings:
319       1. As prescribed by the foreign country’s law for service
320   in that country in an action in its courts of general
321   jurisdiction;
322       2. As the foreign authority directs in response to a letter
323   rogatory or letter of request; or
324       3. Unless prohibited by the foreign country’s law, by:
325       a. If serving an individual, delivering a copy of the
326   summons and of the complaint to the individual personally; or
327       b. Using any form of mail that the clerk addresses and
328   sends to the party and which requires a signed receipt.
329       (c) Pursuant to motion and order by the court, by other

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330   means, including electronically by e-mail or other technology,
331   which the party seeking service shows is reasonably calculated
332   to give actual notice of the proceedings and is not prohibited
333   by international agreement, as the court orders.
334       (2) Service of process may be effectuated in a foreign
335   country upon a minor or an incompetent person in the manner
336   prescribed by subparagraph (1)(b)1., subparagraph (1)(b)2., or
337   paragraph (1)(c).
338       Section 16. Subsection (15) of section 49.011, Florida
339   Statutes, is amended to read:
340       49.011 Service of process by publication; cases in which
341   allowed.—Service of process by publication may be made in any
342   court on any party identified in s. 49.021 in any action or
343   proceeding:
344       (15) To determine paternity, but only as to:
345       (a) The legal father in a paternity action in which another
346   man is alleged to be the biological father, in which case it is
347   necessary to serve process on the legal father in order to
348   establish paternity with regard to the alleged biological
349   father; or
350       (b) The legal mother when there is no legal father.
351       Section 17. Effective upon this act becoming a law,
352   subsection (2), paragraph (a) of subsection (3), and subsection
353   (4) of section 766.106, Florida Statutes, are amended to read:
354       766.106 Notice before filing action for medical negligence;
355   presuit screening period; offers for admission of liability and
356   for arbitration; informal discovery; review.—
357       (2) PRESUIT NOTICE.—
358       (a) After completion of presuit investigation pursuant to

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359   s. 766.203(2) and before prior to filing a complaint for medical
360   negligence, a claimant shall notify each prospective defendant
361   of intent to initiate litigation for medical negligence by at
362   least one of the following verifiable means:
363       1. United States Postal Service certified mail, return
364   receipt requested;
365       2. United States Postal Service mail with a tracking
366   number;
367       3. An interstate commercial mail carrier or delivery
368   service; or
369       4. Any person authorized by law to serve process.
370       (b)1. Proof of service made pursuant to this subsection and
371   delivered to an address on file with the Department of Health,
372   the Secretary of State, or the Agency for Health Care
373   Administration creates a rebuttable presumption that service was
374   received by the prospective defendant.
375       2. If service is challenged during subsequent litigation,
376   the court must conduct an evidentiary hearing to determine
377   whether the prospective defendant or a person legally related to
378   the prospective defendant was provided notice pursuant to this
379   subsection and, if so, the date of such service. If service is
380   challenged under this subparagraph, it must be challenged in the
381   first response to the complaint, and if:
382       a. The court determines that service was properly made at
383   the prospective defendant’s address as listed on the state
384   licensing agency website or an address on file with the
385   Secretary of State; and
386       b. The prospective defendant proves by the greater weight
387   of the evidence that neither the prospective defendant nor a

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388   person legally related to the prospective defendant at the time
389   of service knew or should have known of the service,
390
391   the court must stay the case for a presuit investigation period
392   pursuant to s. 766.106, and the statute of limitations and
393   statute of repose must be tolled from the time service was
394   properly made at the prospective defendant’s address as listed
395   on the state licensing agency website or an address on file with
396   the Secretary of State. The tolling shall end at the conclusion
397   of the presuit investigation period provided for in this
398   subsection, and the stay of litigation shall automatically end
399   at the conclusion of the presuit investigation period by
400   certified mail, return receipt requested, of intent to initiate
401   litigation for medical negligence.
402       (c) Notice to each prospective defendant must include, if
403   available, a list of all known health care providers seen by the
404   claimant for the injuries complained of subsequent to the
405   alleged act of negligence, all known health care providers
406   during the 2-year period before prior to the alleged act of
407   negligence who treated or evaluated the claimant, copies of all
408   of the medical records relied upon by the expert in signing the
409   affidavit, and the executed authorization form provided in s.
410   766.1065.
411       (d)(b) Following the initiation of a suit alleging medical
412   negligence with a court of competent jurisdiction, and service
413   of the complaint upon a prospective defendant, the claimant
414   shall provide a copy of the complaint to the Department of
415   Health and, if the complaint involves a facility licensed under
416   chapter 395, the Agency for Health Care Administration. The

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417   requirement of providing the complaint to the Department of
418   Health or the Agency for Health Care Administration does not
419   impair the claimant’s legal rights or ability to seek relief for
420   his or her claim. The Department of Health or the Agency for
421   Health Care Administration shall review each incident that is
422   the subject of the complaint and determine whether it involved
423   conduct by a licensee which is potentially subject to
424   disciplinary action, in which case, for a licensed health care
425   practitioner, the provisions of s. 456.073 applies apply and,
426   for a licensed facility, the provisions of part I of chapter 395
427   applies apply.
428       (3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.—
429       (a) A no suit may not be filed for a period of 90 days
430   after notice is delivered mailed to any prospective defendant.
431   During the 90-day period, the prospective defendant or the
432   prospective defendant’s insurer or self-insurer shall conduct a
433   review as provided in s. 766.203(3) to determine the liability
434   of the prospective defendant. Each insurer or self-insurer shall
435   have a procedure for the prompt investigation, review, and
436   evaluation of claims during the 90-day period. This procedure
437   must shall include one or more of the following:
438       1. Internal review by a duly qualified claims adjuster;
439       2. Creation of a panel comprised of an attorney
440   knowledgeable in the prosecution or defense of medical
441   negligence actions, a health care provider trained in the same
442   or similar medical specialty as the prospective defendant, and a
443   duly qualified claims adjuster;
444       3. A contractual agreement with a state or local
445   professional society of health care providers, which maintains a

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446   medical review committee; or
447       4. Any other similar procedure which fairly and promptly
448   evaluates the pending claim.
449
450   Each insurer or self-insurer shall investigate the claim in good
451   faith, and both the claimant and prospective defendant shall
452   cooperate with the insurer in good faith. If the insurer
453   requires, a claimant must shall appear before a pretrial
454   screening panel or before a medical review committee and shall
455   submit to a physical examination, if required. Unreasonable
456   failure of any party to comply with this section justifies
457   dismissal of claims or defenses. There shall be no civil
458   liability for participation in a pretrial screening procedure if
459   done without intentional fraud.
460       (4) SERVICE OF PRESUIT NOTICE AND TOLLING.—The notice of
461   intent to initiate litigation must shall be served within the
462   time limits set forth in s. 95.11. However, upon mailing of the
463   notice of intent to initiate litigation, as provided in
464   subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph
465   (2)(a)3., and during the 90-day period provided in subsection
466   (3), the statute of limitations is tolled as to all prospective
467   potential defendants. If the notice of intent to initiate
468   litigation is served by a process server as provided in
469   subparagraph (2)(a)4., the statute of limitations is tolled upon
470   the process server’s first attempt to serve the prospective
471   defendant and continues during the 90-day period as to all
472   prospective defendants. Upon stipulation by the parties, the 90-
473   day period may be extended and the statute of limitations is
474   tolled during any such extension. Upon receiving notice of

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475   termination of negotiations in an extended period, the claimant
476   shall have 60 days or the remainder of the period of the statute
477   of limitations, whichever is greater, within which to file suit.
478   As used in this section, the terms “prospective” and “potential”
479   are interchangeable.
480   ================= T I T L E   A M E N D M E N T ================
481   And the title is amended as follows:
482       Delete lines 30 - 62
483   and insert:
484       certain circumstances; amending s. 48.111, F.S.;
485       revising provisions related to service on public
486       agencies and officers; authorizing service on
487       specified persons under certain circumstances;
488       amending s. 48.151, F.S.; revising the applicability
489       of provisions relating to service on statutory agents
490       for certain persons; amending s. 48.161, F.S.;
491       revising provisions relating to substituted service;
492       providing for substituted service on individuals or
493       corporations or other business entities; specifying
494       actions that may be considered due diligence in
495       effectuating service; specifying when service is
496       considered effectuated; requiring the Department of
497       State to maintain certain records; amending s. 48.181,
498       F.S.; defining the term “foreign business entity”;
499       revising provisions relating to substituted service;
500       providing for substituted service on certain
501       nonresidents and foreign business entities and on
502       individuals and foreign business entities concealing
503       their whereabouts; creating s. 48.184, F.S.; providing

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504       for service of process for removal of unknown parties
505       in possession of real property; amending s. 48.194,
506       F.S.; revising provisions relating to service outside
507       this state but within the United States; deleting
508       provisions relating to service outside the United
509       States; creating s. 48.197, F.S.; providing for
510       service in a foreign country; amending s. 49.011,
511       F.S.; providing for constructive service on the legal
512       mother in certain situations; amending s. 766.106,
513       F.S.; revising requirements for service of presuit
514       notice before filing a medical negligence complaint;
515       creating a rebuttable presumption that service was
516       received by a prospective defendant in certain
517       circumstances; providing court duties if service is
518       challenged during subsequent litigation; revising
519       provisions concerning tolling of the statute of
520       limitations upon service of presuit notice by
521       specified means; specifying that the terms
522       “prospective” and “potential” are interchangeable;
523       amending ss. 495.145, 605.0117,




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       Florida Senate - 2022                                 CS for SB 1062          Florida Senate - 2022                                 CS for SB 1062



       By the Committee on Judiciary; and Senator Bradley




       590-01916-22                                              20221062c1          590-01916-22                                              20221062c1
 1                             A bill to be entitled                          30          certain circumstances; amending s. 48.151, F.S.;
 2          An act relating to service of process; amending s.                31          revising the applicability of provisions relating to
 3          15.16, F.S.; authorizing the Department of State to               32          service on statutory agents for certain persons;
 4          electronically receive service of process under ch.               33          amending s. 48.161, F.S.; revising provisions relating
 5          48, F.S.; amending s. 48.061, F.S.; revising                      34          to substituted service; providing for substituted
 6          procedures for service on partnerships, limited                   35          service on individuals or corporations or other
 7          liability partnerships, and limited partnerships;                 36          business entities; specifying actions that may be
 8          amending s. 48.062, F.S.; defining the term                       37          considered due diligence in effectuating service;
 9          “registered foreign limited liability company”;                   38          specifying when service is considered effectuated;
10          revising procedures for service on a domestic limited             39          requiring the Department of State to maintain certain
11          liability company or registered foreign limited                   40          records; amending s. 48.181, F.S.; defining the term
12          liability company; amending s. 48.071, F.S.; providing            41          “foreign business entity”; revising provisions
13          for service on nonresidents doing business in this                42          relating to substituted service; providing for
14          state by use of a commercial firm regularly engaged in            43          substituted service on certain nonresidents and
15          the business of document or package delivery; amending            44          foreign business entities and on individuals and
16          s. 48.081, F.S.; defining the term “registered foreign            45          foreign business entities concealing their
17          corporation”; revising requirements for service on a              46          whereabouts; creating s. 48.184, F.S.; providing for
18          domestic corporation or registered foreign                        47          service of process for removal of unknown parties in
19          corporation; amending s. 48.091, F.S.; defining terms;            48          possession of real property; amending s. 48.194, F.S.;
20          requiring designation of registered agents and                    49          revising provisions relating to service outside this
21          registered offices by certain partnerships,                       50          state but within the United States; deleting
22          corporations, and companies; specifying duties of a               51          provisions relating to service outside the United
23          registered agent; authorizing a person serving process            52          States; creating s. 48.197, F.S.; providing for
24          to serve certain persons under specified conditions;              53          service in a foreign country; amending s. 766.106,
25          amending s. 48.101, F.S.; providing for service on                54          F.S.; revising requirements for service of presuit
26          dissolved corporations, dissolved limited liability               55          notice before filing a medical negligence complaint;
27          companies, dissolved limited partnerships, and                    56          creating a rebuttable presumption that service was
28          dissolved limited liability partnerships; creating s.             57          received by a prospective defendant in certain
29          48.102, F.S.; authorizing service by other means in               58          circumstances; providing court duties if service is

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       590-01916-22                                              20221062c1           590-01916-22                                                20221062c1
59          challenged during subsequent litigation; revising                  88     transmissions for purposes of notice in the administration of
60          provisions concerning tolling of the statute of                    89     chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620,
61          limitations upon service of presuit notice by                      90     621, 679, and 713 and s. 865.09. The Department of State may
62          specified means; amending ss. 495.145, 605.0117,                   91     collect e-mail addresses for purposes of notice and
63          605.09091, 605.0910, 605.1045, 607.0504, 607.1423,                 92     communication in the performance of its duties and may require
64          607.15101, 607.1520, 617.0504, 617.1510, 617.1520,                 93     filers and registrants to furnish such e-mail addresses when
65          620.1117, 620.1907, 620.2105, 620.2109, 620.8915, and              94     presenting documents for filing.
66          620.8919, F.S.; conforming cross-references and                    95             Section 2. Section 48.061, Florida Statutes, is amended to
67          provisions to changes made by the act; providing                   96     read:
68          effective dates.                                                   97             48.061 Service on partnerships, limited liability
69                                                                             98     partnerships, and limited partnerships.—
70     Be It Enacted by the Legislature of the State of Florida:               99             (1)(a) Process against a partnership that is not a limited
71                                                                            100     liability partnership or a limited partnership, including a
72          Section 1. Subsection (3) of section 15.16, Florida               101     limited liability limited partnership, must shall be served on
73     Statutes, is amended to read:                                          102     any partner and is as valid for service on the partnership as if
74          15.16 Reproduction of records; admissibility in evidence;         103     served on each individual partner.
75     electronic receipt and transmission of records; certification;         104             1. If a partner is not available during regular business
76     acknowledgment.—                                                       105     hours to accept service on behalf of the partnership, he or she
77          (3) The Department of State may cause to be received              106     may designate an employee or agent to accept such service.
78     electronically any records that are required or authorized to be       107             2. After one attempt to serve a partner or designated
79     filed with it pursuant to chapter 48, chapter 55, chapter 117,         108     employee or agent for service of process has been made, process
80     chapter 118, chapter 495, chapter 605, chapter 606, chapter 607,       109     may be served on a person in charge of the partnership during
81     chapter 610, chapter 617, chapter 620, chapter 621, chapter 679,       110     regular business hours.
82     chapter 713, or chapter 865, through facsimile or other                111             (b) If the partnership designated an agent when registering
83     electronic transfers, for the purpose of filing such records.          112     as a general partnership with the Department of State, service
84     The originals of all such electronically transmitted records           113     on the agent is as valid for service on the partnership as if
85     must be executed in the manner provided in paragraph (5)(b). The       114     served on each individual partner; however, unless individual
86     receipt of such electronic transfer constitutes delivery to the        115     partners are served, the plaintiff may only proceed to judgment
87     department as required by law. The department may use electronic       116     and execution against the assets of the partnership.

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        590-01916-22                                              20221062c1           590-01916-22                                              20221062c1
117          (2)(a) Process against a domestic limited liability               146     annual report or change of agent filing and is as valid for
118     partnership must first be served on the then-current registered        147     service on the domestic limited partnership as if served on each
119     agent for service of process specified in its statement of             148     individual general partner of the partnership.
120     qualification, in its statement of qualification as amended or         149          2. If service cannot be made on the registered agent
121     restated, or as redesignated in its annual report or change of         150     because the domestic limited partnership or domestic limited
122     agent filing and is as valid for service on the limited                151     liability limited partnership ceases to have a registered agent,
123     liability partnership as if served on each individual partner.         152     or if the registered agent cannot otherwise be served following
124     If service cannot be made on the registered agent because the          153     one good faith attempt because of a failure to comply with this
125     domestic limited liability partnership ceases to have a                154     chapter or chapter 620, the process may be served on any general
126     registered agent, or if the registered agent cannot otherwise be       155     partner.
127     served after one good faith attempt because of a failure to            156          3. After service on a general partner or the registered
128     comply with this chapter or chapter 620, the process may be            157     agent, the plaintiff may proceed to judgment and execution
129     served on any partner.                                                 158     against the assets of the domestic limited partnership or of
130          1. If a partner is not available during regular business          159     that general partner, unless the domestic limited partnership is
131     hours to accept service on behalf of the partnership, he or she        160     a limited liability limited partnership.
132     may designate an employee to accept such service.                      161          (b) If, after due diligence, the process cannot be
133          2. After one attempt to serve a partner or designated             162     completed under paragraph (a), then process may be served as
134     employee has been made, process may be served on a person in           163     provided in s. 48.161 on the Secretary of State as an agent of
135     charge of the partnership during regular business hours.               164     the limited partnership or by order of the court under s.
136          (b) If, after due diligence, the process cannot be                165     48.102.
137     completed under paragraph (a), the process may be served as            166          (4)(a) Process against a foreign limited liability
138     provided in s. 48.161 on the Secretary of State as an agent of         167     partnership that was required to comply with s. 620.9102 may be
139     the domestic limited liability partnership or by order of the          168     served as prescribed under subsection (2).
140     court under s. 48.102.                                                 169          (b) A foreign limited liability partnership engaging in
141          (3)(a)1. Process against a domestic limited partnership,          170     business in this state but not registered is considered, for
142     including a domestic limited liability limited partnership, must       171     purposes of service of process, a nonresident engaging in
143     first be served on the then-current agent for service of process       172     business in this state and may be served pursuant to s. 48.181
144     specified in its certificate of limited partnership, in its            173     or by order of the court under s. 48.102.
145     certificate as amended or restated, or as redesignated in its          174          (5)(a) Process against a foreign limited partnership that

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        590-01916-22                                              20221062c1           590-01916-22                                              20221062c1
175     was required to comply with s. 620.1902 may be served as               204     be made under ss. 48.071 and 48.21 on limited partnerships.
176     prescribed under subsection (3).                                       205             (3) Process against a foreign limited partnership may be
177          (b) A foreign limited partnership engaging in business in         206     served on any general partner found in the state or on any agent
178     this state but not registered is considered, for purposes of           207     for service of process specified in its application for
179     service of process, a nonresident engaging in business in this         208     registration and is as valid as if served on each individual
180     state and may be served pursuant to s. 48.181 or by order of the       209     member of the partnership. If a general partner cannot be found
181     court under s. 48.102 After one attempt to serve a partner or          210     in this state and an agent for service of process has not been
182     designated employee has been made, process may be served on the        211     appointed or, if appointed, the agent’s authority has been
183     person in charge of the partnership during regular business            212     revoked or the agent cannot be found or served with the exercise
184     hours. After service on any partner, plaintiff may proceed to          213     of reasonable diligence, service of process may be effected by
185     judgment and execution against that partner and the assets of          214     service upon the Secretary of State as agent of the limited
186     the partnership. After service on a designated employee or other       215     partnership as provided for in s. 48.181, or process may be
187     person in charge, plaintiff may proceed to judgment and                216     served as provided in ss. 48.071 and 48.21.
188     execution against the partnership assets but not against the           217             Section 3. Section 48.062, Florida Statutes, is amended to
189     individual assets of any partner.                                      218     read:
190          (2) Process against a domestic limited partnership may be         219             48.062 Service on a domestic limited liability company or
191     served on any general partner or on the agent for service of           220     registered foreign limited liability company.—
192     process specified in its certificate of limited partnership or         221             (1) As used in this section, the term “registered foreign
193     in its certificate as amended or restated and is as valid as if        222     limited liability company” means a foreign limited liability
194     served on each individual member of the partnership. After             223     company that has an active certificate of authority to transact
195     service on a general partner or the agent, the plaintiff may           224     business in this state pursuant to a record filed with the
196     proceed to judgment and execution against the limited                  225     Department of State.
197     partnership and all of the general partners individually. If a         226             (2) Process against A domestic limited liability company,
198     general partner cannot be found in this state and service cannot       227     domestic or registered foreign limited liability company, may be
199     be made on an agent because of failure to maintain such an agent       228     served with process required or authorized by law by service on
200     or because the agent cannot be found or served with the exercise       229     its the registered agent designated by the domestic limited
201     of reasonable diligence, service of process may be effected by         230     liability company or registered foreign limited liability
202     service upon the Secretary of State as agent of the limited            231     company under chapter 605. A person attempting to serve process
203     partnership as provided for in s. 48.181. Service of process may       232     pursuant to this subsection may serve the process on any

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        590-01916-22                                           20221062c1             590-01916-22                                             20221062c1
233     employee of the registered agent during the first attempt at          262     company, he, she, or it may designate an employee of the limited
234     service even if the registered agent is a natural person and is       263     liability company to accept such service. After one attempt to
235     temporarily absent from his or her office.                            264     serve a member, manager, or designated employee has been made,
236          (3)(2) If service cannot be made on a registered agent of        265     process may be served on the person in charge of the limited
237     the domestic limited liability company or registered foreign          266     liability company during regular business hours.
238     limited liability company because the domestic limited liability      267            (4)(3) If, after due reasonable diligence, the service of
239     company or registered foreign limited liability company ceases        268     process cannot be completed under subsection (2) and if either:
240     to have a registered agent, or if the registered agent of the         269            (a) The only person listed publicly by the domestic limited
241     domestic limited liability company or registered foreign limited      270     liability company or registered foreign limited liability
242     liability company cannot otherwise be served after one good           271     company on its latest annual report, as most recently amended,
243     faith attempt because of a failure to comply with this chapter        272     is also the registered agent on whom service was attempted under
244     or chapter 605 or because the limited liability company does not      273     subsection (2); or
245     have a registered agent, or if its registered agent cannot with       274            (b) After due diligence, service was attempted on at least
246     reasonable diligence be served, process against the limited           275     one person listed publicly by the domestic limited liability
247     liability company, domestic or foreign, the process may be            276     company or registered foreign limited liability company on its
248     served on any of the following:                                       277     latest annual report, as most recently amended, and cannot be
249          (a) Any manager of a manager-managed domestic limited            278     completed on such person under subsection (3) (1) or subsection
250     liability company or registered foreign limited liability             279     (2),
251     company. On a member of a member-managed limited liability            280
252     company;                                                              281     the service of process may be served as provided in s. 48.161 on
253          (b) Any member of a member-managed domestic limited              282     effected by service upon the Secretary of State as an agent of
254     liability company or registered foreign limited liability             283     the domestic limited liability company or the registered foreign
255     company. On a manager of a manager-managed limited liability          284     limited liability company or by order of the court under s.
256     company; or                                                           285     48.102 as provided for in s. 48.181.
257          (c) Any person listed publicly by the domestic limited           286            (5)(4) If the address for the registered agent or any
258     liability company or registered foreign limited liability             287     person listed publicly by the domestic limited liability company
259     company on its latest annual report, as most recently amended If      288     or registered foreign limited liability company on its latest
260     a member or manager is not available during regular business          289     annual report, as most recently amended, member, or manager is a
261     hours to accept service on behalf of the limited liability            290     residence, a private mailbox, a virtual office, or an executive

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        590-01916-22                                              20221062c1           590-01916-22                                                 20221062c1
291     office or mini suite, service on the domestic limited liability        320     Any process so served is as valid as if served personally on the
292     company or registered foreign limited liability company may be         321     nonresident person or partnership engaging in business in this
293     made by serving any of the following:                                  322     state in any action against the person or partnership arising
294             (a) The registered agent of the domestic limited liability     323     out of such business. A copy of such process with a notice of
295     company or registered foreign limited liability company, in            324     service on the person in charge of such business must shall be
296     accordance with s. 48.031.                                             325     sent forthwith to the nonresident person or partnership by
297             (b) Any person listed publicly by the domestic limited         326     registered mail; by or certified mail, return receipt requested;
298     liability company or registered foreign limited liability              327     or by use of a commercial firm regularly engaged in the business
299     company on its latest annual report, as most recently amended,         328     of document or package delivery. The party seeking to effectuate
300     in accordance with s. 48.031.                                          329     service, or the attorney for such party, shall prepare. an
301             (c) Any, member, or manager of the domestic limited            330     affidavit of compliance with this section which must shall be
302     liability company or registered foreign limited liability              331     filed before the return day or within such further time as the
303     company, in accordance with s. 48.031.                                 332     court may allow.
304             (6) A foreign limited liability company engaging in            333             Section 5. Section 48.081, Florida Statutes, is amended to
305     business in this state which is not registered is considered,          334     read:
306     for purposes of service of process, a nonresident engaging in          335             48.081 Service on a domestic corporation or registered
307     business in this state and may be served pursuant to s. 48.181         336     foreign corporation.—
308     or by order of the court under s. 48.102.                              337             (1) As used in this section, the term “registered foreign
309             (7)(5) This section does not apply to service of process on    338     corporation” means a foreign corporation that has an active
310     insurance companies.                                                   339     certificate of authority to transact business in this state
311             Section 4. Section 48.071, Florida Statutes, is amended to     340     pursuant to a record filed with the Department of State.
312     read:                                                                  341             (2) A domestic corporation or a registered foreign
313             48.071 Service on agents of nonresidents doing business in     342     corporation may be served with process required or authorized by
314     the state.—When any natural person or partnership not residing         343     law by service on its registered agent designated by the
315     or having a principal place of business in this state engages in       344     corporation under chapter 607 or chapter 617, as applicable.
316     business in this state, process may be served on the person who        345             (3) If service cannot be made on a registered agent of the
317     is in charge of any business in which the defendant is engaged         346     domestic corporation or registered foreign corporation because
318     within this state at the time of service, including agents             347     the domestic corporation or registered foreign corporation
319     soliciting orders for goods, wares, merchandise, or services.          348     ceases to have a registered agent, or if the registered agent of

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        590-01916-22                                              20221062c1           590-01916-22                                             20221062c1
349     the domestic corporation or registered foreign corporation             378     most recently amended, and cannot be completed on such person
350     cannot otherwise be served after one good faith attempt because        379     under subsection (3),
351     of a failure to comply with this chapter, chapter 607, or              380
352     chapter 617, as applicable, the process may be served on either        381     the process may be served as provided in s. 48.161 on the
353     of the following Process against any private corporation,              382     Secretary of State as an agent of the domestic corporation or
354     domestic or foreign, may be served:                                    383     registered foreign corporation or by order of the court under s.
355          (a) The chair of the board of directors, On the president,        384     48.102
356     any or vice president, the secretary, or the treasurer or other        385          (2) If a foreign corporation has none of the foregoing
357     head of the domestic corporation or registered foreign                 386     officers or agents in this state, service may be made on any
358     corporation.;                                                          387     agent transacting business for it in this state.
359          (b) Any person listed publicly by the domestic corporation        388          (3)(a) As an alternative to all of the foregoing, process
360     or registered foreign corporation on its latest annual report,         389     may be served on the agent designated by the corporation under
361     as most recently amended In the absence of any person described        390     s. 48.091. However, if service cannot be made on a registered
362     in paragraph (a), on the cashier, treasurer, secretary, or             391     agent because of failure to comply with s. 48.091, service of
363     general manager;                                                       392     process shall be permitted on any employee at the corporation’s
364          (c) In the absence of any person described in paragraph (a)       393     principal place of business or on any employee of the registered
365     or paragraph (b), on any director; or                                  394     agent. A person attempting to serve process pursuant to this
366          (d) In the absence of any person described in paragraph           395     paragraph may serve the process on any employee of the
367     (a), paragraph (b), or paragraph (c), on any officer or business       396     registered agent during the first attempt at service even if the
368     agent residing in the state.                                           397     registered agent is temporarily absent from his or her office.
369          (4) If, after due diligence, the process cannot be                398          (5)(b) If the address for the registered agent or any
370     completed under subsection (2) and if either:                          399     person listed publicly by the domestic corporation or registered
371          (a) The only person listed publicly by the domestic               400     foreign corporation on its latest annual report, as most
372     corporation or registered foreign corporation on its latest            401     recently amended, officer, director, or principal place of
373     annual report, as most recently amended, is also the registered        402     business is a residence, a private mailbox, a virtual office, or
374     agent on whom service was attempted under subsection (2); or           403     an executive office or mini suite, service on the domestic
375          (b) After due diligence, service was attempted on at least        404     corporation or registered foreign corporation may be made by
376     one person listed publicly by the domestic corporation or              405     serving any of the following:
377     registered foreign corporation on its latest annual report, as         406          (a) The registered agent of the domestic corporation or

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        590-01916-22                                              20221062c1           590-01916-22                                              20221062c1
407     registered foreign corporation, officer, or director in                436          (1) As used in this section, the term:
408     accordance with s. 48.031.                                             437          (a) “Registered foreign corporation” and “registered
409             (b) Any person listed publicly by the domestic corporation     438     foreign limited liability company” have the same meanings as in
410     or registered foreign corporation on its latest annual report,         439     ss. 48.081 and 48.062, respectively.
411     as most recently amended, in accordance with s. 48.031.                440          (b) “Registered foreign limited liability partnership” or
412             (c) Any person serving in one of the positions specified in    441     “registered foreign limited partnership” means a foreign limited
413     paragraph (3)(a), in accordance with s. 48.031.                        442     liability partnership or foreign limited partnership that has an
414             (6) A foreign corporation engaging in business in this         443     active certificate of authority to transact business in this
415     state which is not registered is considered, for purposes of           444     state pursuant to a record filed with the Department of State.
416     service of process, a nonresident engaging in business in this         445          (2) Every domestic limited liability partnership; domestic
417     state and may be served pursuant to s. 48.181 or by order of the       446     limited partnership, including limited liability limited
418     court under s. 48.102.                                                 447     partnerships; domestic corporation; domestic limited liability
419             (7)(4) This section does not apply to service of process on    448     company; registered foreign limited liability partnership;
420     insurance companies.                                                   449     registered foreign limited partnership, including limited
421             (5) When a corporation engages in substantial and not          450     liability limited partnerships; registered foreign corporation;
422     isolated activities within this state, or has a business office        451     and registered foreign limited liability company Florida
423     within the state and is actually engaged in the transaction of         452     corporation and every foreign corporation now qualified or
424     business therefrom, service upon any officer or business agent         453     hereafter qualifying to transact business in this state shall
425     while on corporate business within this state may personally be        454     designate a registered agent and registered office in accordance
426     made, pursuant to this section, and it is not necessary in such        455     with chapter 605, part I of chapter 607, chapter 617, or chapter
427     case that the action, suit, or proceeding against the                  456     620, as applicable.
428     corporation shall have arisen out of any transaction or                457          (3)(2) Every domestic limited liability partnership;
429     operation connected with or incidental to the business being           458     domestic limited partnership, including limited liability
430     transacted within the state.                                           459     limited partnerships; domestic corporation; domestic limited
431             Section 6. Section 48.091, Florida Statutes, is amended to     460     liability company; registered foreign limited liability
432     read:                                                                  461     partnership; registered foreign limited partnership, including
433             48.091 Partnerships, corporations, and limited liability       462     limited liability limited partnerships; registered foreign
434     companies; designation of registered agent and registered              463     corporation; registered foreign limited liability company; and
435     office.—                                                               464     domestic or foreign general partnership that elects to designate

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        590-01916-22                                              20221062c1           590-01916-22                                            20221062c1
465     a registered agent, shall cause the designated registered agent        494          (1) Process against the directors of any corporation that
466     to corporation shall keep the designated registered office open        495     which was dissolved before July 1, 1990, as trustees of the
467     from at least 10 a.m. to 12 noon each day except Saturdays,            496     dissolved corporation must shall be served on one or more of the
468     Sundays, and legal holidays, and shall cause the designated            497     directors of the dissolved corporation as trustees thereof and
469     registered agent to keep one or more individuals who are, or are       498     binds all of the directors of the dissolved corporation as
470     representatives of, the designated registered agents on whom           499     trustees thereof. Process against any other dissolved
471     process may be served at the office during these hours. The            500     corporation shall be served in accordance with s. 48.081.
472     corporation shall keep a sign posted in the office in some             501          (2)(a) Process against any other dissolved domestic
473     conspicuous place designating the name of the corporation and          502     corporation must be served in accordance with s. 48.081.
474     the name of its registered agent on whom process may be served         503          (b) In addition, provided that service was first properly
475     at the office during these hours.                                      504     attempted on the registered agent pursuant to s. 48.081(2), but
476             (4) A person attempting to serve process pursuant to this      505     was not successful, service may then be attempted as required
477     section on a registered agent that is other than a natural             506     under s. 48.081(3). In addition to the persons listed in s.
478     person may serve the process on any employee of the registered         507     48.081(3), service may then be attempted on the person appointed
479     agent. A person attempting to serve process pursuant to this           508     by the circuit court as the trustee, custodian, or receiver
480     section on a natural person, if the natural person is                  509     under s. 607.1405(6).
481     temporarily absent from his or her office, may serve the process       510          (c) A party attempting to serve a dissolved domestic for-
482     during the first attempt at service on any employee of such            511     profit corporation under this section may petition the court to
483     natural person.                                                        512     appoint one of the persons specified in s. 607.1405(6) to
484             (5) The registered agent shall promptly forward copies of      513     receive service of process on behalf of the corporation.
485     the process and any other papers received in connection with the       514          (3)(a) Process against any dissolved domestic limited
486     service to a responsible person in charge of the business              515     liability company must be served in accordance with s. 48.062.
487     entity. Failure to comply with this subsection does not                516          (b) In addition, provided that service was first properly
488     invalidate the service of process.                                     517     attempted on the registered agent pursuant to s. 48.062(2), but
489             Section 7. Section 48.101, Florida Statutes, is amended to     518     was not successful, service may then be attempted as required
490     read:                                                                  519     under s. 48.062(3). In addition to the persons listed in s.
491             48.101 Service on dissolved corporations, dissolved limited    520     48.062(3), service on a dissolved domestic limited liability
492     liability companies, dissolved limited partnerships, and               521     company may be made on the person appointed as the liquidator,
493     dissolved limited liability partnerships.—                             522     trustee, or receiver under s. 605.0709.

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        590-01916-22                                                 20221062c1           590-01916-22                                              20221062c1
523             (c) A party attempting to serve a dissolved domestic              552          48.161 Method of substituted service on nonresident.—
524     limited liability company under this section may petition the             553          (1) When authorized by law, substituted service of process
525     court to appoint one of the persons specified in s. 605.0709(5)           554     on a nonresident individual or a corporation or other business
526     to receive service of process on behalf of the limited liability          555     entity incorporated or formed under the laws of any other state,
527     company.                                                                  556     territory, or commonwealth, or the laws of any foreign country,
528             (4) Process against any dissolved domestic limited                557     may or a person who conceals his or her whereabouts by serving a
529     partnership must be served in accordance with s. 48.061.                  558     public officer designated by law shall be made by sending
530             Section 8. Section 48.102, Florida Statutes, is created to        559     leaving a copy of the process to the office of the Secretary of
531     read:                                                                     560     State by personal delivery; by registered mail; with a fee of
532             48.102 Service by other means.—If, after due diligence, a         561     $8.75 with the public officer or in his or her office or by
533     party seeking to effectuate service is unable to effectuate               562     mailing the copies by certified mail, return receipt requested;
534     personal service of process on a domestic or foreign                      563     by use of a commercial firm regularly engaged in the business of
535     corporation; a domestic or foreign general partnership,                   564     document or package delivery; or by electronic transmission to
536     including a limited liability partnership; a domestic or foreign          565     the public officer with the fee. The service is sufficient
537     limited partnership, including a limited liability limited                566     service on a party that defendant who has appointed or is deemed
538     partnership; or a domestic or foreign limited liability company,          567     to have appointed the Secretary of State a public officer as
539     the court, upon motion and a showing of such inability, may               568     such party’s his or her agent for the service of process. The
540     authorize service in any other manner that the party seeking to           569     Secretary of State shall keep a record of all process served on
541     effectuate service shows will be reasonably effective to give             570     the Secretary of State showing the day and hour of service.
542     the entity on which service is sought to be effectuated actual            571          (2) Notice of service and a copy of the process must shall
543     notice of the suit. Such other manners of service may include             572     be sent forthwith by the party effectuating service or by such
544     service electronically by e-mail or other technology.                     573     party’s attorney by registered mail; by registered or certified
545             Section 9. Subsection (2) of section 48.151, Florida              574     mail, return receipt requested; or by use of a commercial firm
546     Statutes, is amended to read:                                             575     regularly engaged in the business of document or package
547             48.151 Service on statutory agents for certain persons.—          576     delivery. In addition, if the parties have recently and
548             (2) This section does not apply to substituted service of         577     regularly used e-mail or other electronic means to communicate
549     process under s. 48.161 or s. 48.181 on nonresidents.                     578     between themselves, the notice of service and a copy of the
550             Section 10. Section 48.161, Florida Statutes, is amended to       579     process must be sent by such electronic means or, if the party
551     read:                                                                     580     is being served by substituted service, the notice of service

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        590-01916-22                                           20221062c1             590-01916-22                                              20221062c1
581     and a copy of the process must be served at such party’s last         610     copy of the shall be served on the defendant, if found within
582     known physical address and, if applicable, last known electronic      611     the state, by an officer authorized to serve legal process by
583     address. The party effectuating service shall file proof of           612     the concealed party need not be filed, or if found without the
584     service or return receipts showing delivery to the other party        613     state, by a sheriff or a deputy sheriff of any county of this
585     by mail or courier and by electronic means, if electronic means       614     state or any duly constituted public officer qualified to serve
586     were used, unless the party is actively refusing or rejecting         615     like process in the state or jurisdiction where the defendant is
587     the delivery of the notice. An by the plaintiff or his or her         616     found. The officer’s return showing service shall be filed on or
588     attorney to the defendant, and the defendant’s return receipt         617     before the return day of the process or within such time as the
589     and the affidavit of compliance of the party effectuating             618     court allows. The fee paid by the plaintiff to the public
590     service plaintiff or such party’s his or her attorney must of         619     officer shall be taxed as cost if he or she prevails in the
591     compliance shall be filed within 40 days after on or before the       620     action. The public officer shall keep a record of all process
592     date return day of service on the Secretary of State process or       621     served on him or her showing the day and hour of service.
593     within such additional time as the court allows. The affidavit        622          (4)(a) The party effectuating service is considered to have
594     of compliance must set forth the facts that justify substituted       623     used due diligence if that party:
595     service under this section and that show due diligence was            624          1. Made diligent inquiry and exerted an honest and
596     exercised in attempting to locate and effectuate personal             625     conscientious effort appropriate to the circumstances to acquire
597     service on the party before using substituted service under this      626     the information necessary to effectuate personal service;
598     section. The party effectuating service does not need to allege       627          2. In seeking to effectuate personal service, reasonably
599     in its original or amended complaint the facts required to be         628     employed the knowledge at the party’s command, including
600     set forth in the affidavit of compliance.                             629     knowledge obtained pursuant to subparagraph 1.; and
601          (3) When an individual or a business entity conceals its         630          3. Made an appropriate number of attempts to serve the
602     whereabouts, the party seeking to effectuate service, after           631     party, taking into account the particular circumstances.
603     exercising due diligence to locate and effectuate personal            632          (b) In connection with service of process on any party who
604     service, may use substituted service pursuant to subsection (1)       633     is a natural person, in making the determination as to whether
605     in connection with any action in which the court has                  634     the party effectuating service used due diligence, there is a
606     jurisdiction over such individual or business entity. The party       635     rebuttable presumption that the serving party exercised due
607     seeking to effectuate service must also comply with subsection        636     diligence by making three good faith attempts to serve the other
608     (2); however, a return receipt or other proof showing acceptance      637     party during such times when and where such party is reasonably
609     of receipt of the notice of service and a, or the notice and          638     likely to be found, as determined through resources reasonably

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        590-01916-22                                              20221062c1           590-01916-22                                              20221062c1
639     available to the party seeking to secure service of process.           668     any foreign or country, or by any foreign business entity and
640             (5)(2) If any individual person on whom service of process     669     all foreign corporations, and any person who is a resident of
641     is authorized under subsection (1) dies, service may be made in        670     the state and who subsequently becomes a nonresident of the
642     the same manner on his or her administrator, executor, curator,        671     state or conceals his or her whereabouts, of the privilege
643     or personal representative in the same manner.                         672     extended by law to nonresidents and others to operate, conduct,
644             (9)(3) This section does not apply to persons on whom          673     engage in, or carry on a business or business venture in this
645     service is authorized under s. 48.151.                                 674     the state, or to have an office or agency in this the state, is
646             (6)(4) The Secretary of State public officer may designate     675     deemed to constitute constitutes an appointment by the
647     an individual some other person in his or her office to accept         676     individual or persons and foreign business entity corporations
648     service.                                                               677     of the Secretary of State of this the state as its their agent
649             (7) Service of process is effectuated under this section on    678     on whom all process in any action or proceeding against the
650     the date the service is received by the Department of State.           679     individual or business entity them, or any combination thereof
651             (8) The Department of State shall maintain a record of each    680     of them, arising out of any transaction or operation connected
652     process served pursuant to this section and record the time of         681     with or incidental to the business or business venture may be
653     and the action taken regarding the service.                            682     served as substituted service in accordance with this chapter.
654             Section 11. Section 48.181, Florida Statutes, is amended to    683     The acceptance of the privilege is signification of the
655     read:                                                                  684     agreement of the respective individual or persons and foreign
656             48.181 Substituted service on nonresidents and foreign         685     business entity corporations that the process served against it
657     business entities nonresident engaging in business in state or         686     them in accordance with this chapter which is so served is of
658     concealing their whereabouts.—                                         687     the same validity as if served personally on the individual
659             (1) As used in this section, the term “foreign business        688     persons or foreign business entity corporations.
660     entity” means any corporation or other business entity that is         689          (3)(2) If a foreign business entity corporation has
661     incorporated, formed, or existing under the laws of any other          690     registered to do business a resident agent or officer in this
662     state, territory, or commonwealth, or the laws of any foreign          691     the state and has maintained its registration in an active
663     country.                                                               692     status or otherwise continued to have a registered agent,
664             (2) The acceptance by any individual person or persons,        693     personal service of process must first shall be attempted served
665     individually or associated together as a copartnership or any          694     on the foreign business entity in the manner and order of
666     other form or type of association, who is a resident are               695     priority described in this chapter as applicable to the foreign
667     residents of any other state, territory, or commonwealth, or of        696     business entity. If, after due diligence, the party seeking to

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        590-01916-22                                              20221062c1           590-01916-22                                              20221062c1
697     effectuate service of process is unable to effectuate service of       726     in possession of real property. The provisions of this section
698     process on the registered agent or other official as provided in       727     are cumulative to other provisions of law or rules of court
699     this chapter, the party may use substituted service of process         728     about service of process, and all other such provisions are
700     on the Secretary of State resident agent or officer.                   729     cumulative to this section.
701             (4) Any individual or foreign business entity that conceals    730          (2) A summons must be issued in the name of “Unknown Party
702     its whereabouts is deemed to have appointed the Secretary of           731     in Possession” when the name of an occupant of real property is
703     State as its agent on whom all process may be served, in any           732     not known to the plaintiff and the property occupied by the
704     action or proceeding against it, or any combination thereof,           733     unknown party is identified in the complaint and summons. A
705     arising out of any transaction or operation connected with or          734     separate summons must be issued for each such unknown occupant.
706     incidental to any business or business venture carried on in           735          (3) The plaintiff shall attempt to serve the summons on any
707     this state by such individual or foreign business entity.              736     unknown occupant of the property described in the summons and
708             (5)(3) Any individual or foreign business entity that          737     complaint. If service on the unknown occupant is not effectuated
709     person, firm, or corporation which sells, consigns, or leases by       738     on the first attempt, at least two further attempts must be
710     any means whatsoever tangible or intangible personal property,         739     made. The three attempts to obtain service must be made once
711     through brokers, jobbers, wholesalers, or distributors to any          740     during business hours, once during nonbusiness hours, and once
712     individual person, firm, or corporation, or other business             741     on a weekend. The process server shall make an inquiry as to the
713     entity in this state is conclusively presumed to be both engaged       742     name of the unknown occupant at the time of service. The return
714     in substantial and not isolated activities within this state and       743     of service must note the name of the occupant if obtained by the
715     operating, conducting, engaging in, or carrying on a business or       744     process server or state that the name of the occupant could not
716     business venture in this state.                                        745     be obtained after inquiry. If the name of the occupant becomes
717             (6) Service pursuant to this section must be effectuated in    746     known to the plaintiff through the return of service or
718     the manner prescribed by s. 48.161.                                    747     otherwise, without notice or hearing thereon, all subsequent
719             Section 12. Section 48.184, Florida Statutes, is created to    748     proceedings must be conducted under the true name of such
720     read:                                                                  749     occupant and all prior proceedings are deemed amended
721             48.184 Service of process for removal of unknown parties in    750     accordingly.
722     possession.—                                                           751          (4) Service of process must also be made on unknown parties
723             (1) This section applies only to actions governed by s.        752     by both of the following means:
724     82.03, s. 83.21, s. 83.59, or s. 723.061 and only to the extent        753          (a) By attaching the summons and complaint to a conspicuous
725     that such actions seek relief for the removal of unknown parties       754     location on the premises involved in the proceedings.

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        590-01916-22                                                20221062c1           590-01916-22                                              20221062c1
755            (b) Upon issuance of the summons, by the plaintiff                784          (1) Except as otherwise provided herein, service of process
756     providing the clerk of the court with one additional copy of the         785     on a party in another persons outside of this state, territory,
757     summons and complaint for each unknown occupant and a prestamped         786     or commonwealth of the United States must shall be made in the
758     envelope for each unknown occupant addressed to the unknown              787     same manner as service within this state by any officer person
759     occupant at the address of the premises involved in the                  788     authorized to serve process in the state where service shall be
760     proceedings. The clerk of the court shall immediately mail a             789     made the person is served. No order of court is required. An
761     copy of the summons and complaint by first-class mail, note the          790     affidavit of the officer must be filed, stating the time,
762     fact of mailing in the docket, and file a certificate in the             791     manner, and place of service. The A court may consider the
763     court file of the fact and date of mailing. The clerk of the             792     affidavit return-of-service form described in s. 48.21, or any
764     court shall charge such fees for such services as provided by            793     other competent evidence, in determining whether service has
765     law.                                                                     794     been properly made. Service of process on persons outside the
766            (5) Service is effective on the unknown party in possession       795     United States may be required to conform to the provisions of
767     on the later of the date that personal service is made, the date         796     the Hague Convention on the Service Abroad of Judicial and
768     of attaching the summons and complaint to a conspicuous location         797     Extrajudicial Documents in Civil or Commercial Matters.
769     on the premises, or upon mailing by the clerk.                           798          (2) When where in rem or quasi in rem relief is sought in a
770            (6) The judgment and writ of possession must refer to any         799     foreclosure proceeding as defined by s. 702.09, and the address
771     unknown party in possession by name if the name is shown on the          800     of the person to be served is known, service of process on a
772     return of service or is otherwise known to the plaintiff. If the         801     person in another state, territory, or commonwealth outside of
773     name of any unknown party in possession is not shown on the              802     the United States this state where the address of the person to
774     return of service or otherwise known to the plaintiff and                803     be served is known may be made by registered mail as follows:
775     service has been effectuated as provided in this section, the            804          (a) The party’s attorney or the party, if the party is not
776     judgment and writ of possession must refer to each such person           805     represented by an attorney, shall place a copy of the original
777     as “Unknown Party in Possession,” and the writ of possession             806     process and the complaint, petition, or other initial pleading
778     must be executed by the sheriff by dispossessing the occupants           807     or paper and, if applicable, the order to show cause issued
779     and placing the plaintiff in possession of the property.                 808     pursuant to s. 702.10 in a sealed envelope with adequate postage
780            Section 13. Subsections (1) and (2) of section 48.194,            809     addressed to the person to be served.
781     Florida Statutes, are amended to read:                                   810          (b) The envelope must shall be placed in the mail as
782            48.194 Personal service in another outside state,                 811     registered mail.
783     territory, or commonwealth of the United States.—                        812          (c) Service under this subsection is deemed shall be

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        590-01916-22                                              20221062c1           590-01916-22                                           20221062c1
813     considered obtained upon the signing of the return receipt by          842     which the party seeking service shows is reasonably calculated
814     the person allowed to be served by law.                                843     to give actual notice of the proceedings and is not prohibited
815             Section 14. Section 48.197, Florida Statutes, is created to    844     by international agreement, as the court orders.
816     read:                                                                  845          (2) Service of process may be effectuated in a foreign
817             48.197 Service in a foreign country.—                          846     country upon a minor or an incompetent person in the manner
818             (1) Service of process may be effectuated in a foreign         847     prescribed by subparagraph (1)(b)1., subparagraph (1)(b)2., or
819     country upon a party, other than a minor or an incompetent             848     paragraph (1)(c).
820     person, as provided in any of the following:                           849          Section 15. Effective upon this act becoming a law,
821             (a) By any internationally agreed-upon means of service        850     subsection (2), paragraph (a) of subsection (3), and subsection
822     reasonably calculated to give actual notice of the proceedings,        851     (4) of section 766.106, Florida Statutes, are amended to read:
823     such as those authorized by the Hague Convention on the Service        852          766.106 Notice before filing action for medical negligence;
824     Abroad of Judicial and Extrajudicial Documents in Civil or             853     presuit screening period; offers for admission of liability and
825     Commercial Matters.                                                    854     for arbitration; informal discovery; review.—
826             (b) If there is no internationally agreed-upon means of        855          (2) PRESUIT NOTICE.—
827     service, or if an international agreement allows but does not          856          (a) After completion of presuit investigation pursuant to
828     specify other means, by a method reasonably calculated to give         857     s. 766.203(2) and before prior to filing a complaint for medical
829     actual notice of the proceedings:                                      858     negligence, a claimant shall notify each prospective defendant
830             1. As prescribed by the foreign country’s law for service      859     of intent to initiate litigation for medical negligence by at
831     in that country in an action in its courts of general                  860     least one of the following verifiable means:
832     jurisdiction;                                                          861          1. United States Postal Service certified mail, return
833             2. As the foreign authority directs in response to a letter    862     receipt requested;
834     rogatory or letter of request; or                                      863          2. United States Postal Service mail with a tracking
835             3. Unless prohibited by the foreign country’s law, by:         864     number;
836             a. If serving an individual, delivering a copy of the          865          3. An interstate commercial mail carrier or delivery
837     summons and of the complaint to the individual personally; or          866     service; or
838             b. Using any form of mail which the clerk addresses and        867          4. A certified process server as provided in s. 48.27
839     sends to the party and which requires a signed receipt.                868     making service in accordance with chapter 48.
840             (c) Pursuant to motion and order by the court, by other        869          (b) Proof of service made pursuant to this subsection and
841     means, including electronically by e-mail or other technology,         870     delivered to an address on file with the Department of Health,

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        590-01916-22                                            20221062c1            590-01916-22                                             20221062c1
871     the Secretary of State, or the Agency for Health Care                 900     the subject of the complaint and determine whether it involved
872     Administration creates a rebuttable presumption that service was      901     conduct by a licensee which is potentially subject to
873     received by the prospective defendant. If service is challenged       902     disciplinary action, in which case, for a licensed health care
874     during subsequent litigation, an evidentiary hearing must be          903     practitioner, the provisions of s. 456.073 applies apply and,
875     held by the court to determine whether the prospective defendant      904     for a licensed facility, the provisions of part I of chapter 395
876     or a person legally related to the prospective defendant was          905     applies apply.
877     provided notice pursuant to this subsection and, if so, the date      906          (3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.—
878     of such service by certified mail, return receipt requested, of       907          (a) A no suit may not be filed for a period of 90 days
879     intent to initiate litigation for medical negligence.                 908     after notice is delivered mailed to any prospective defendant.
880          (c) Notice to each prospective defendant must include, if        909     During the 90-day period, the prospective defendant or the
881     available, a list of all known health care providers seen by the      910     prospective defendant’s insurer or self-insurer shall conduct a
882     claimant for the injuries complained of subsequent to the             911     review as provided in s. 766.203(3) to determine the liability
883     alleged act of negligence, all known health care providers            912     of the prospective defendant. Each insurer or self-insurer shall
884     during the 2-year period before prior to the alleged act of           913     have a procedure for the prompt investigation, review, and
885     negligence who treated or evaluated the claimant, copies of all       914     evaluation of claims during the 90-day period. This procedure
886     of the medical records relied upon by the expert in signing the       915     must shall include one or more of the following:
887     affidavit, and the executed authorization form provided in s.         916          1. Internal review by a duly qualified claims adjuster;
888     766.1065.                                                             917          2. Creation of a panel comprised of an attorney
889          (d)(b) Following the initiation of a suit alleging medical       918     knowledgeable in the prosecution or defense of medical
890     negligence with a court of competent jurisdiction, and service        919     negligence actions, a health care provider trained in the same
891     of the complaint upon a prospective defendant, the claimant           920     or similar medical specialty as the prospective defendant, and a
892     shall provide a copy of the complaint to the Department of            921     duly qualified claims adjuster;
893     Health and, if the complaint involves a facility licensed under       922          3. A contractual agreement with a state or local
894     chapter 395, the Agency for Health Care Administration. The           923     professional society of health care providers, which maintains a
895     requirement of providing the complaint to the Department of           924     medical review committee; or
896     Health or the Agency for Health Care Administration does not          925          4. Any other similar procedure which fairly and promptly
897     impair the claimant’s legal rights or ability to seek relief for      926     evaluates the pending claim.
898     his or her claim. The Department of Health or the Agency for          927
899     Health Care Administration shall review each incident that is         928     Each insurer or self-insurer shall investigate the claim in good

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        590-01916-22                                              20221062c1           590-01916-22                                              20221062c1
929     faith, and both the claimant and prospective defendant shall           958          495.145 Forum for actions regarding registration.—An action
930     cooperate with the insurer in good faith. If the insurer               959     seeking cancellation of a registration of a mark registered
931     requires, a claimant must shall appear before a pretrial               960     under this chapter may be brought in any court of competent
932     screening panel or before a medical review committee and shall         961     jurisdiction in this state. Service of process on a nonresident
933     submit to a physical examination, if required. Unreasonable            962     registrant may be made in accordance with ss. 48.161 and 48.181
934     failure of any party to comply with this section justifies             963     s. 48.181. The department may shall not be made a party to
935     dismissal of claims or defenses. There shall be no civil               964     cancellation proceedings.
936     liability for participation in a pretrial screening procedure if       965          Section 17. Section 605.0117, Florida Statutes, is amended
937     done without intentional fraud.                                        966     to read:
938          (4) SERVICE OF PRESUIT NOTICE AND TOLLING.—The notice of          967          605.0117 Serving Service of process, giving notice, or
939     intent to initiate litigation must shall be served within the          968     making a demand.—
940     time limits set forth in s. 95.11. However, upon mailing of the        969          (1) Process against a limited liability company or
941     notice of intent to initiate litigation, as provided in                970     registered foreign limited liability company may be served in
942     subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph          971     accordance with s. 48.062 and chapter 48 or chapter 49 with
943     (2)(a)3., and during the 90-day period provided in subsection          972     process required or authorized by law by serving on its
944     (3), the statute of limitations is tolled as to all prospective        973     registered agent.
945     potential defendants. If the notice of intent to initiate              974          (2) If a limited liability company or registered foreign
946     litigation is served by a certified process server as provided         975     limited liability company ceases to have a registered agent or
947     in subparagraph (2)(a)4., the statute of limitations is tolled         976     if its registered agent cannot with reasonable diligence be
948     upon the certified process server’s first attempt to serve the         977     served, the process required or permitted by law may instead be
949     prospective defendant and continues during the 90-day period as        978     served:
950     to all prospective defendants. Upon stipulation by the parties,        979          (a) On a member of a member-managed limited liability
951     the 90-day period may be extended and the statute of limitations       980     company or registered foreign limited liability company; or
952     is tolled during any such extension. Upon receiving notice of          981          (b) On a manager of a manager-managed limited liability
953     termination of negotiations in an extended period, the claimant        982     company or registered foreign limited liability company.
954     shall have 60 days or the remainder of the period of the statute       983          (3) If the process cannot be served on a limited liability
955     of limitations, whichever is greater, within which to file suit.       984     company or registered foreign limited liability company pursuant
956          Section 16. Section 495.145, Florida Statutes, is amended         985     to subsection (1) or subsection (2), the process may be served
957     to read:                                                               986     on the secretary of state as an agent of the company.

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         590-01916-22                                              20221062c1            590-01916-22                                           20221062c1
 987          (4) Service of process on the secretary of state may be           1016          605.09091 Judicial review of denial of reinstatement.—
 988     made by delivering to and leaving with the department duplicate        1017          (1) If the department denies a foreign limited liability
 989     copies of the process.                                                 1018     company’s application for reinstatement after revocation of its
 990          (5) Service is effectuated under subsection (3) on the date       1019     certificate of authority, the department must shall serve the
 991     shown as received by the department.                                   1020     foreign limited liability company, pursuant to s. 605.0117(2) s.
 992          (6) The department shall keep a record of each process            1021     605.0117(7), with a written notice that explains the reason or
 993     served pursuant to this section and record the time of and the         1022     reasons for the denial.
 994     action taken regarding the service.                                    1023          Section 19. Paragraphs (f) and (g) of subsection (1) and
 995          (7) Any notice or demand on a limited liability company or        1024     subsection (2) of section 605.0910, Florida Statutes, are
 996     registered foreign limited liability company under this chapter        1025     amended to read:
 997     may be given or made to any member of a member-managed limited         1026          605.0910 Withdrawal and cancellation of certificate of
 998     liability company or registered foreign limited liability              1027     authority.—
 999     company or to any manager of a manager-managed limited liability       1028          (1) To cancel its certificate of authority to transact
1000     company or registered foreign limited liability company; to the        1029     business in this state, a foreign limited liability company must
1001     registered agent of the limited liability company or registered        1030     deliver to the department for filing a notice of withdrawal of
1002     foreign limited liability company at the registered office of          1031     certificate of authority. The certificate of authority is
1003     the limited liability company or registered foreign limited            1032     canceled when the notice becomes effective pursuant to s.
1004     liability company in this state; or to any other address in this       1033     605.0207. The notice of withdrawal of certificate of authority
1005     state which that is in fact the principal office of the limited        1034     must be signed by an authorized representative and state the
1006     liability company or registered foreign limited liability              1035     following:
1007     company in this state.                                                 1036          (f) A mailing address and an e-mail address to which a
1008          (3) A registered series of a foreign series limited               1037     party seeking to effectuate service of process the department
1009     liability company may be served in the same manner as a                1038     may send mail a copy of any process served on the Secretary of
1010     registered limited liability company.                                  1039     State under paragraph (e).
1011          (4)(8) This section does not affect the right to serve            1040          (g) A commitment to notify the department in the future of
1012     process, give notice, or make a demand in any other manner             1041     any change in its mailing address or e-mail address.
1013     provided by law.                                                       1042          (2) After the withdrawal of the foreign limited liability
1014          Section 18. Subsection (1) of section 605.09091, Florida          1043     company is effective, service of process on the Secretary of
1015     Statutes, is amended to read:                                          1044     State using the procedures set forth in s. 48.161 under this

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         590-01916-22                                             20221062c1            590-01916-22                                              20221062c1
1045     section is service on the foreign limited liability company.          1074     served on the secretary of state as an agent of the corporation.
1046     Upon receipt of the process, the department shall mail a copy of      1075          (4) Service of process on the secretary of state shall be
1047     the process to the foreign limited liability company at the           1076     made by delivering to and leaving with the department duplicate
1048     mailing address set forth under paragraph (1)(f).                     1077     copies of the process.
1049          Section 20. Paragraph (f) of subsection (2) of section           1078          (5) Service is effectuated under subsection (3) on the date
1050     605.1045, Florida Statutes, is amended to read:                       1079     shown as received by the department.
1051          605.1045 Articles of conversion.—                                1080          (6) The department shall keep a record of each process
1052          (2) The articles of conversion must contain the following:       1081     served on the secretary of state pursuant to this subsection and
1053          (f) If the converted entity is a foreign entity that does        1082     record the time of and the action taken regarding the service.
1054     not have a certificate of authority to transact business in this      1083          (7) Any notice or demand on a corporation under this
1055     state, a mailing address and an e-mail address to which a party       1084     chapter may be given or made to the chair of the board, the
1056     seeking to effectuate service of process the department may send      1085     president, any vice president, the secretary, or the treasurer
1057     any process served on the Secretary of State department pursuant      1086     of the corporation; to the registered agent of the corporation
1058     to s. 605.0117 and chapter 48.                                        1087     at the registered office of the corporation in this state; or to
1059          Section 21. Section 607.0504, Florida Statutes, is amended       1088     any other address in this state which that is in fact the
1060     to read:                                                              1089     principal office of the corporation in this state.
1061          607.0504 Serving Service of process, giving notice, or           1090          (3)(8) This section does not affect the right to serve
1062     making a demand on a corporation.—                                    1091     process, give notice, or make a demand in any other manner
1063          (1) A corporation may be served with process required or         1092     provided by law.
1064     authorized by law in accordance with s. 48.081 and chapter 48 or      1093          Section 22. Subsection (1) of section 607.1423, Florida
1065     chapter 49 by serving on its registered agent.                        1094     Statutes, is amended to read:
1066          (2) If a corporation ceases to have a registered agent or        1095          607.1423 Judicial review of denial of reinstatement.—
1067     if its registered agent cannot with reasonable diligence be           1096          (1) If the department denies a corporation’s application
1068     served, the process required or permitted by law may instead be       1097     for reinstatement after administrative dissolution, the
1069     served on the chair of the board, the president, any vice             1098     department must shall serve the corporation under either s.
1070     president, the secretary, or the treasurer of the corporation at      1099     607.0504(1) or (2) with a written notice that explains the
1071     the principal office of the corporation in this state.                1100     reason or reasons for denial.
1072          (3) If the process cannot be served on a corporation             1101          Section 23. Section 607.15101, Florida Statutes, is amended
1073     pursuant to subsection (1) or subsection (2), the process may be      1102     to read:

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         590-01916-22                                              20221062c1            590-01916-22                                              20221062c1
1103          607.15101 Serving Service of process, giving notice, or           1132     corporation in this state; or to any other address in this state
1104     making a demand on a foreign corporation.—                             1133     which that is in fact the principal office of the foreign
1105          (1) A foreign corporation may be served with process              1134     corporation in this state.
1106     required or authorized by law in accordance with s. 48.081 and         1135          (3)(8) This section does not affect the right to serve
1107     chapter 48 or chapter 49 by serving on its registered agent.           1136     process, give notice, or make a demand in any other manner
1108          (2) If a foreign corporation ceases to have a registered          1137     provided by law.
1109     agent or if its registered agent cannot with reasonable                1138          Section 24. Paragraphs (f) and (g) of subsection (1) and
1110     diligence be served, the process required or permitted by law          1139     subsection (2) of section 607.1520, Florida Statutes, are
1111     may instead be served on the chair of the board, the president,        1140     amended to read:
1112     any vice president, the secretary, or the treasurer of the             1141          607.1520 Withdrawal and cancellation of certificate of
1113     foreign corporation at the principal office of the foreign             1142     authority for foreign corporation.—
1114     corporation in this state.                                             1143          (1) To cancel its certificate of authority to transact
1115          (3) If the process cannot be served on a foreign                  1144     business in this state, a foreign corporation must deliver to
1116     corporation pursuant to subsection (1) or subsection (2), the          1145     the department for filing a notice of withdrawal of certificate
1117     process may be served on the secretary of state as an agent of         1146     of authority. The certificate of authority is canceled when the
1118     the foreign corporation.                                               1147     notice of withdrawal becomes effective pursuant to s. 607.0123.
1119          (4) Service of process on the secretary of state may be           1148     The notice of withdrawal of certificate of authority must be
1120     made by delivering to and leaving with the department duplicate        1149     signed by an officer or director and state the following:
1121     copies of the process.                                                 1150          (f) A mailing address and an e-mail address to which a
1122          (5) Service is effectuated under subsection (3) on the date       1151     party seeking to effectuate service of process the secretary of
1123     shown as received by the department.                                   1152     state may send mail a copy of any process served on the
1124          (6) The department shall keep a record of each process            1153     Secretary of State under paragraph (e).
1125     served on the secretary of state pursuant to this section and          1154          (g) A commitment to notify the department in the future of
1126     record the time of and the action taken regarding the service.         1155     any change in its mailing address or e-mail address.
1127          (7) Any notice or demand on a foreign corporation under           1156          (2) After the withdrawal of the foreign corporation is
1128     this chapter may be given or made: to the chair of the board,          1157     effective, service of process on the Secretary of State using
1129     the president, any vice president, the secretary, or the               1158     the procedures in s. 48.161 under this section is service on the
1130     treasurer of the foreign corporation; to the registered agent of       1159     foreign corporation. Upon receipt of the process, the secretary
1131     the foreign corporation at the registered office of the foreign        1160     of state shall mail a copy of the process to the foreign

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         590-01916-22                                              20221062c1            590-01916-22                                              20221062c1
1161     corporation at the mailing address set forth under paragraph           1190     under s. 617.1520; or
1162     (1)(f).                                                                1191          (c) Has had its certificate of authority revoked under s.
1163          Section 25. Subsections (1) and (3) of section 617.0504,          1192     617.1531.
1164     Florida Statutes, are amended to read:                                 1193          (3) Service is perfected under subsection (2) at the
1165          617.0504 Serving Service of process, giving notice, or            1194     earliest of:
1166     making a demand on a corporation.—                                     1195          (a) The date the foreign corporation receives the mail;
1167          (1) Process against any corporation may be served in              1196          (b) The date shown on the return receipt, if signed on
1168     accordance with s. 48.081 and chapter 48 or chapter 49.                1197     behalf of the foreign corporation; or
1169          (3) This section does not prescribe the only means, or            1198          (c) Five days after its deposit in the United States mail,
1170     necessarily the required means, of serving process, giving             1199     as evidenced by the postmark, if mailed postpaid and correctly
1171     notice, or making a demand on a corporation.                           1200     addressed.
1172          Section 26. Section 617.1510, Florida Statutes, is amended        1201          (4) This section does not prescribe the only means, or
1173     to read:                                                               1202     necessarily the required means, of serving a foreign
1174          617.1510 Serving Service of process, giving notice, or            1203     corporation. Process against any foreign corporation may also be
1175     making a demand on a foreign corporation.—                             1204     served in accordance with chapter 48 or chapter 49.
1176          (1) Process against a foreign corporation may be served in        1205          (5) Any notice to or demand on a foreign corporation made
1177     accordance with s. 48.081 and chapter 48 or chapter 49 The             1206     pursuant to this act may be made in accordance with the
1178     registered agent of a foreign corporation authorized to conduct        1207     procedures for notice to or demand on domestic corporations
1179     its affairs in this state is the corporation’s agent for service       1208     under s. 617.0504.
1180     of process, notice, or demand required or permitted by law to be       1209          Section 27. Subsections (2) and (3) of section 617.1520,
1181     served on the foreign corporation.                                     1210     Florida Statutes, are amended to read:
1182          (2) A foreign corporation may be served by registered or          1211          617.1520 Withdrawal of foreign corporation.—
1183     certified mail, return receipt requested, addressed to the             1212          (2) A foreign corporation authorized to conduct its affairs
1184     secretary of the foreign corporation at its principal office           1213     in this state may apply for a certificate of withdrawal by
1185     shown in its application for a certificate of authority or in          1214     delivering an application to the Department of State for filing.
1186     its most recent annual report if the foreign corporation:              1215     The application must shall be made on forms prescribed and
1187          (a) Has no registered agent or its registered agent cannot        1216     furnished by the Department of State and must shall set forth
1188     with reasonable diligence be served;                                   1217     all of the following:
1189          (b) Has withdrawn from conducting its affairs in this state       1218          (a) The name of the foreign corporation and the

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         590-01916-22                                             20221062c1            590-01916-22                                           20221062c1
1219     jurisdiction under the law under of which it is incorporated.;        1248     and chapter 48 or chapter 49 A registered agent appointed by a
1220            (b) That it is not conducting its affairs in this state and    1249     limited partnership or foreign limited partnership is an agent
1221     that it surrenders its authority to conduct its affairs in this       1250     of the limited partnership or foreign limited partnership for
1222     state.;                                                               1251     service of any process, notice, or demand required or permitted
1223            (c) That it revokes the authority of its registered agent      1252     by law to be served upon the limited partnership or foreign
1224     to accept service on its behalf and appoints the Secretary of         1253     limited partnership.
1225     State Department of State as its agent for service of process         1254          (2) Any notice or demand on a limited partnership or
1226     based on a cause of action arising during the time it was             1255     foreign limited partnership under this chapter may be given or
1227     authorized to conduct its affairs in this state.;                     1256     made to any general partner of the limited partnership or
1228            (d) A mailing address and an e-mail address to which a         1257     foreign limited partnership, to the registered agent of the
1229     party seeking to effectuate service of process the Department of      1258     limited partnership or foreign limited partnership at the
1230     State may send mail a copy of any process served on it under          1259     registered office in this state, or to any other address in this
1231     paragraph (c).; and                                                   1260     state which is in fact the principal office of the limited
1232            (e) A commitment to notify the Department of State in the      1261     partnership or foreign limited partnership in this state If a
1233     future of any change in its mailing address or e-mail address.        1262     limited partnership or foreign limited partnership does not
1234            (3) After the withdrawal of the corporation is effective,      1263     appoint or maintain a registered agent in this state or the
1235     service of process in accordance with s. 48.161 on the                1264     registered agent cannot with reasonable diligence be found at
1236     Department of State under this section is service on the foreign      1265     the address of the registered office, the Department of State
1237     corporation. Upon receipt of the process, the Department of           1266     shall be an agent of the limited partnership or foreign limited
1238     State shall mail a copy of the process to the foreign                 1267     partnership upon whom process, notice, or demand may be served.
1239     corporation at the mailing address set forth under subsection         1268          (3) Service of any process, notice, or demand on the
1240     (2).                                                                  1269     Department of State may be made by delivering to and leaving
1241            Section 28. Section 620.1117, Florida Statutes, is amended     1270     with the Department of State duplicate copies of the process,
1242     to read:                                                              1271     notice, or demand.
1243            620.1117 Serving Service of process, giving notice, or         1272          (4) Service is effected under subsection (3) upon the date
1244     making a demand on a limited partnership or a foreign limited         1273     shown as having been received by the Department of State.
1245     partnership.—                                                         1274          (5) The Department of State shall keep a record of each
1246            (1) Service of process on a limited partnership or foreign     1275     process, notice, and demand served pursuant to this section and
1247     limited partnership must be made in accordance with s. 48.061         1276     record the time of, and the action taken regarding, the service.

                                     Page 43 of 47                                                                Page 44 of 47
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         Florida Senate - 2022                              CS for SB 1062              Florida Senate - 2022                              CS for SB 1062




         590-01916-22                                            20221062c1             590-01916-22                                             20221062c1
1277          (6) This section does not affect the right to serve              1306     the same consequences as in ss. 48.161 and 620.1117 s.
1278     process, give notice, or make a demand in any other manner            1307     620.1117(3) and (4).
1279     provided by law.                                                      1308          (4) A copy of the statement of conversion, certified by the
1280          Section 29. Subsection (5) of section 620.1907, Florida          1309     Secretary of State Department of State, may be filed in any
1281     Statutes, is amended to read:                                         1310     county of this state in which the converting organization holds
1282          620.1907 Cancellation of certificate of authority; effect        1311     an interest in real property.
1283     of failure to have certificate.—                                      1312          Section 31. Subsection (2) of section 620.2109, Florida
1284          (5) If a foreign limited partnership transacts business in       1313     Statutes, is amended to read:
1285     this state without a certificate of authority or cancels its          1314          620.2109 Effect of merger.—
1286     certificate of authority, it may be served under s. 48.061(5)(b)      1315          (2) A surviving organization that is a foreign organization
1287     the foreign limited partnership shall appoint the Department of       1316     consents to the jurisdiction of the courts of this state to
1288     State as its agent for service of process for rights of action        1317     enforce any obligation owed by a constituent organization, if
1289     arising out of the transaction of business in this state.             1318     before the merger the constituent organization was subject to
1290          Section 30. Subsections (3) and (4) of section 620.2105,         1319     suit in this state on the obligation. A surviving organization
1291     Florida Statutes, are amended to read:                                1320     that is a foreign organization and not authorized to transact
1292          620.2105 Effect of conversion.—                                  1321     business in this state shall appoint the Secretary of State
1293          (3) A converted organization that is a foreign organization      1322     Department of State as its agent for service of process for the
1294     consents to the jurisdiction of the courts of this state to           1323     purposes of enforcing an obligation under this subsection and
1295     enforce any obligation owed by the converting limited                 1324     any appraisal rights of limited partners under ss. 620.2113-
1296     partnership, if before the conversion the converting limited          1325     620.2124 to the extent applicable to the merger. Service on the
1297     partnership was subject to suit in this state on the obligation.      1326     Secretary of State Department of State under this subsection is
1298     A converted organization that is a foreign organization and not       1327     made in the same manner and with the same consequences as in ss.
1299     authorized to transact business in this state appoints the            1328     48.161 and 620.1117 s. 620.1117(3) and (4).
1300     Secretary of State Department of State as its agent for service       1329          Section 32. Subsections (3) and (4) of section 620.8915,
1301     of process for purposes of enforcing an obligation under this         1330     Florida Statutes, are amended to read:
1302     subsection and any appraisal rights of limited partners under         1331          620.8915 Effect of conversion.—
1303     ss. 620.2113-620.2124 to the extent applicable to the                 1332          (3) A converted organization that is a foreign organization
1304     conversion. Service on the Secretary of State Department of           1333     consents to the jurisdiction of the courts of this state to
1305     State under this subsection is made in the same manner and with       1334     enforce any obligation owed by the converting partnership, if

                                   Page 45 of 47                                                                  Page 46 of 47
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         Florida Senate - 2022                                 CS for SB 1062




         590-01916-22                                              20221062c1
1335     before the conversion the converting partnership was subject to
1336     suit in this state on the obligation. A converted organization
1337     that is a foreign organization and not authorized to transact
1338     business in this state shall appoint the Secretary of State
1339     Department of State as its agent for service of process for
1340     purposes of enforcing an obligation under this subsection.
1341     Service on the Secretary of State Department of State under this
1342     subsection is shall be made in the same manner and with the same
1343     consequences as provided in s. 48.161 s. 48.181.
1344             (4) A copy of the certificate of conversion, certified by
1345     the Secretary of State Department of State, may be filed in any
1346     county of this state in which the converting organization holds
1347     an interest in real property.
1348             Section 33. Subsection (2) of section 620.8919, Florida
1349     Statutes, is amended to read:
1350             620.8919 Effect of merger.—
1351             (2) A surviving organization that is a foreign organization
1352     consents to the jurisdiction of the courts of this state to
1353     enforce any obligation owed by a constituent organization, if
1354     before the merger the constituent organization was subject to
1355     suit in this state on the obligation. A surviving organization
1356     that is a foreign organization and not authorized to transact
1357     business in this state shall appoint the Secretary of State
1358     Department of State as its agent for service of process pursuant
1359     to s. 48.161 the provisions of s. 48.181.
1360             Section 34. Except as otherwise expressly provided in this
1361     act and except for this section, which shall take effect upon
1362     this act becoming a law, this act shall take effect January 2,
1363     2023.

                                      Page 47 of 47
       CODING: Words stricken are deletions; words underlined are additions.
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                  Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:           CS/SB 1474
INTRODUCER:     Commerce and Tourism Committee and Senator Bradley
SUBJECT:        Online Training for Private Security Officers
DATE:           February 1, 2022                REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Harmsen                          McKay                                CM               Fav/CS
2.                                                                       AEG
3.                                                                        AP



                     Please see Section IX. for Additional Information:
                                   COMMITTEE SUBSTITUTE - Substantial Changes




  I.    Summary:

        The Department of Agriculture and Consumer Services regulates private security officers and
        their related licenses. CS/SB 1474 will allow Class “D” unarmed Security Officers and Class
        “G” Statewide Firearm applicants to obtain the training required as a licensing qualification
        through either in-person or online instruction. The online instruction must be provided through
        the secure website of a licensed school or training facility, or a Class “K” licensee that has a
        physical location in Florida. Additionally, the online training course must:
         Include security questions to ensure that the applicant is actively using the computer and is
            following along with the online training;
         Establish a minimum amount of time that each applicant must spend on each screen;
         Include randomized test questions; and
         Maintain a digital attendance log and keep other required records.

        The bill requires the Department of Agriculture and Consumer Services to adopt rules, including
        those to establish the online courses’ content, web security protocols, and course completion
        reporting requirements.

        The bill takes effect on July 1, 2022.
BILL: CS/SB 1474                                                                                                    Page 2

    II.   Present Situation:

          The Division of Licensing within the Florida Department of Agriculture and Consumer Services
          (Department) is responsible for investigating and issuing licenses to conduct private security
          services and related licenses, including Class “D” unarmed Security Officer and Class “G”
          Statewide Firearm licensees1.

          Class “D” Security Officer Licensees

          A Class “D” security officer is an individual who advertises for, or performs: bodyguard
          services, personal or property protection; theft and loss prevention; armored car staffing; or
          transportation of prisoners.2 A Class “D” licensee is not permitted to carry a firearm during the
          course of his or her duties unless he or she also has a supplemental Class “G” license.3

          Law enforcement officers engaged in their official duties or off-duty security activities that have
          been approved by appropriate superiors are not considered security officers.4 Additionally,
          unarmed security officers who are employed by, and perform their work entirely on the premises
          of either their employer’s business, a church or denominational organization, or a church
          cemetery are not required to be licensed as a security officer under ch. 493, F.S.5

          As of December 31, 2021, there are 124,996 active Class “D” security officer licensees.6

          A Class “D” applicant for licensure must complete 40 hours of professional training at a Class
          “DS” Security Officer School or Training Facility licensed by the Department.7

          Class “G” Statewide Firearm License

          A Class “G” license is a supplemental license that permits specific licensees to carry a firearm
          during the course of their licensed, employment-related activity. A Class “G” license is available
          only to individuals who currently hold one of the following licenses: private investigator (Class
          “C”), private investigator intern (Class “CC”), security officer (Class “D”), private investigative
          or security agency manager (Class “M”), private investigative agency manager (Class “MA”), or
          security agency manager (Class “MB”).8 The “Class G” license must be renewed every 2 years.

          Application and Training Requirements for Class “G” Licensees
          An initial applicant for a Class “G” license must complete firearm training, which must include
          at least 28 hours of range and classroom training (range training must be limited to no more than

1
  Chapter 493, F.S.
2
  Section 493.6101(19), F.S.; see also, Florida Department of Agriculture and Consumer Services, Private Security Licenses,
https://www.fdacs.gov/Business-Services/Private-Security-Licenses (last visited Jan. 31, 2022).
3
  Section 493.6101(9), F.S.
4
  Section 493.6102(1), F.S.
5
  Section 493.6102(4), (13), F.S.
6
  Florida Department of Agriculture and Consumer Services (FDACS), Division of Licensing, Number of Licensees by Type
(Dec. 31, 2021), https://www.fdacs.gov/content/download/82618/file/Number_of_Licensees_By_Type.pdf (last visited Jan.
31, 2022).
7
  Section 493.6303, F.S.
8
  Section 493.6115(2), F.S.
BILL: CS/SB 1474                                                                                       Page 3

         8 hours) that is administered by a Class “K” licensee.9 An applicant who was discharged within
         the last 12 months from service as a military officer, and has completed specific military courses
         is deemed to have completed a substantially similar training, and is exempt from the 28 hours of
         range and classroom training required for a Class “G” initial license.

         Class “G” licensees must annually complete 4 hours of firearms requalification training for each
         caliber of firearm that he or she carries in the course of his or her duties.10

         Class “DS” Security Officer Schools and Training Facilities

         Schools and training facilities that provide required training services for Class “D” Security
         Officer license applicants must submit an application for licensure, which includes:11
          The name and address of the school or training facility;
          The street address of the place where training will be conducted; and
          A copy of the curriculum and final exam to be administered, in accordance with the
            requirements set forth by the Department.12

         The Department establishes the general content and number of hours of each subject area to be
         taught by the licensed schools and training facilities.13 Currently, administrative rule states that
         students shall “remain under the supervision of a licensed instructor during all classes and under
         constant supervision during examination.”14

         A Class “DS” Security Officer School or training facility must maintain the following records for
         at least 2 years:15
          A schedule of the date, time, location, and instructor of each class session;
          A separate file for each course which establishes that the minimum course standards were
              met, the course materials used, and an original of each final exam;
          An attendance log for each class session;
          A copy of any certificate, diploma, or other record given to each student; and
          A separate file on each approved instructor, which includes his or her qualifications.

         An individual who teaches or instructs at a class “DS” security officer school or training facility
         must have a Class “DI,” Security Officer School or Training Facility Instructor license. 16

         Class “K” Firearm Instructor Licensees

         Class “K” Firearm Instructor Licensees provide classroom or range instruction to applicants for a
         Class “G” license.17 Class “K” instructors are not currently required to be affiliated with a school

9
  Section 493.6105(5), F.S. See also Fla. Admin. Code R. 5N-1.132(1)(a).
10
   Section 493.6113(3)(b), F.S.
11
   Section 493.6304, F.S. and Fla. Admin. Code R. 5N-1.134.
12
   Fla. Admin. Code R. 5N-1.132(4)(c).
13
   Section 493.6303(4)(a), F.S.
14
   Fla. Admin. Code 5N-1.138(4).
15
   Fla. Admin. Code 5N-1.140(5).
16
   See Fla. Admin. Code 5N-1.138(1), for qualifications for Class “DI” license.
17
   Sections 493.6101(14) and 493.6115(7), F.S.
BILL: CS/SB 1474                                                                                            Page 4

        or training facility. Administrative rules currently state that firearms instructors may not rely
        solely on the use of audio/video material in his or her course, but may use such material as an
        instructional aide when teaching the classroom portion of the course.18

        Class “K” Firearm Instructors must provide a standardized Certificate of Firearms Proficiency
        for Statewide Firearm License to each student who successfully completes the 28-hour firearms
        proficiency course.19 The Class “K” licensee must retain a copy of each certificate he or she
        provides, and is subject to penalty for the falsification of any such certificate.20

        COVID-19 Emergency Orders

        The Commissioner of Agriculture issued Emergency Order 2020-004 to “provide flexibility for
        workers” during the COVID-19 pandemic21 by allowing Class “D” security guards to complete
        their initial 40 hours of training via live video conference.22

        Emergency Order 2020-10, issued on April 24, 2020, suspends the provisions of s. 493.6105(5),
        F.S., and its related rules to allows Class “G” license applicants to conduct their class room
        training by live video conference.23

        These emergency orders expired on June 26, 2021.24

III.    Effect of Proposed Changes:

        The bill allows Class “G” statewide firearm licensees and Class “D” security officer licensees to
        obtain required training via online or in-person instruction.

        Class “G” Statewide Firearm Licenses

        Section 1 amends s. 493.6105, F.S., to allow a Class “G” applicant to complete the 20-hour
        classroom training portion of the required firearm training either by in-person instruction, or via
        live instruction through a secure website. The training must be taught and administered by a
        Class “K” firearms instructor who verifies the identity and attendance of the applicant.

        The bill requires Class “G” applicants to submit a training certificate to the Department upon
        completion of the training. Additionally, the Class “K” licensee who provided the training must

18
   Fla. Admin. Code R. 5N-1.132(4)(c).
19
   Fla. Admin. Code R. 5N-1.132(4)(d).
20
   Fla. Admin. Code R. 5N-1.132(4)(d)-(e).
21
   Press Release, FDACS, Commissioner Nikki Fried Issues Emergency Orders & Rules During COVID-19 (Mar. 31, 2020),
https://www.fdacs.gov/News-Events/Press-Releases/2020-Press-Releases/Commissioner-Nikki-Fried-Issues-Emergency-
Orders-Rules-During-COVID-19 (last visited Jan. 31, 2022).
22
   Florida Commissioner of Agriculture, Emergency Order 2020-004 (Mar. 20, 2020),
https://www.fdacs.gov/content/download/91595/file/2020-03-20-EmergencyOrder2020-004%28DOLCOVID-19%29.pdf
(last visited Jan. 31, 2022).
23
   Florida Commissioner of Agriculture, Emergency Order 2020-010 (Apr. 24, 2020),
https://www.fdacs.gov/content/download/94238/file/2020-04-24-DOL-Class-G-Emergency-Order_2020-010.pdf (last visited
Jan. 31, 2022).
24
   FDACS, Commissioner of Agriculture Emergency Orders Regarding COVID-19, https://www.fdacs.gov/Divisions-
Offices/Licensing (last visited Jan. 31, 2022).
BILL: CS/SB 1474                                                                                   Page 5

      submit results directly to the Department’s Division of Licensing and provide a copy of the
      training results to the trainee.

      The bill requires the Department to engage in rulemaking to establish the general content,
      number of hours of each subject area to be taught, the method of delivery and the security
      protocols for online training and testing, the reporting requirements for verification of successful
      completion of training, and regulation of Class “K” licensees in relation to their provision of in-
      person or online training .

      Class “D” Security Officer Licenses

      Section 3 amends s. 493.6303, F.S., to allow Class “D” applicants to complete their 40-hour
      training requirement either by in-person instruction, or through live, online instruction presented
      through a secure website of a licensed school or training facility.

      The bill requires an applicant to submit his or her verification of successful completion of
      training to the Department, and requires the training facility or instructor to submit proof of
      completion of training for the applicant to the Department. Additionally, the training facility or
      instructor must provide an electronic copy of proof of training for each applicant to the
      Department, and must also provide a copy of the training results to the applicant.

      The bill requires the Department to engage in rulemaking to establish the general content,
      number of hours of each subject area to be taught, the method of delivery and the security
      protocols for online training and testing, the reporting requirements for verification of successful
      completion of training, and any other rule necessary to regulate schools or training facilities that
      provide in-person or online training. The bill further allows the Department to adopt additional
      rules needed to regulate schools or training facilities that provide in-person or online training.

      Class “DS” Security Officer Schools and Training Facilities

      Section 2 creates s. 493.6132, F.S., to specify requirements for schools or training facilities and
      Class “K” licensees that provide online training courses allowed under the bill. Specifically, a
      licensed school or training facility and Class “K” licensee must maintain a physical location in
      Florida. The Class “K” licensee must conduct his or her live online training in Florida, but a
      licensed school or training facility may conduct the live online classes from any location. The
      providers of live online training must also maintain, and make available to the Department,
      records of:
       All training sessions;
       The name and license number of the instructor who is present online with the students while
          the students receive instruction; and
       Proof of compliance with all security protocols at the school, facility, or place of business.

      The online training course must:
       Require its instructor to verify the applicant’s identity, attendance, and successful completion
         of training;
       Include security questions to ensure that the applicant is actively using the computer or
         mobile device and is following along with the training;
BILL: CS/SB 1474                                                                                 Page 6

          Establish a minimum amount of time that each applicant must spend on each screen before
           moving on to the next;
          Include randomized test questions;
          Include a digital record of the applicant’s attendance log and any other components required
           by the Department;
          Allow instructing via recording where an applicant is absent during a portion of the live
           online class, as limited by Departmental rule; and
          Permit the Department to access each online course for the purpose of auditing, monitoring,
           and inspection.

      The applicant may not use more than one device at a time to log into the online training course.

      Effective Date

      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 identified.

V.    Fiscal Impact Statement:

      A.      Tax/Fee Issues:

              None.

      B.      Private Sector Impact:

              None.
 BILL: CS/SB 1474                                                                                                                     Page 7

        C.       Government Sector Impact:

                 This bill will require the Department to undergo rulemaking to revise Rule 5N-1.132 of
                 the Florida Administrative Code and update related policies and procedures. It is
                 unknown whether this will require the expenditure of additional funds.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill substantially amends sections 493.6105 and 493.6303 of the Florida Statutes.

        This bill creates section 493.6132 of the Florida Statutes.

 IX.    Additional Information:

        A.       Committee Substitute – Statement of Changes:
                 (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                 CS by Commerce and Tourism on January 31, 2022:
                  Allows Class "G" applicants to complete training through a secure website that is not
                    affiliated with or operated by a licensed school or training facility (but is administered
                    by a Class "K" licensee), and requires the Department to adopt rules that regulate a
                    Class "K" licensee's teaching of such an online course;
                  Implements similar reporting requirements for Class "G" and Class "D" applicants
                    who complete their training online, specifically requiring both the applicant and
                    instructor to submit training results to the Department, and requiring the instructor to
                    provide a hard copy of the certificate to the applicant;
                  Requires an online training course to keep a record of the (1) applicant's attendance
                    log, (2) instructor who taught each session; (3) compliance with security protocols;
                    and (4) any other required documentation established by Departmental rule;
                  Requires a person or entity that provides online training pursuant to the bill to provide
                    live access to the Department for auditing or inspection purposes; and
                  Replaces a reference to the Department of Business and Professional Regulation with
                    a reference to the Department of Agriculture and Consumer Services.

        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                         COMMITTEE AMENDMENT
     Bill No. SB 1474




                             Ì917980AÎ917980


                             LEGISLATIVE ACTION
           Senate                    .                   House
          Comm: RCS                  .
         02/01/2022                  .
                                     .
                                     .
                                     .




     The Committee on Commerce and Tourism (Bradley) recommended the
     following:


1        Senate Amendment (with title amendment)
2
3        Delete everything after the enacting clause
4    and insert:
5        Section 1. Subsection (5) of section 493.6105, Florida
6    Statutes, is amended to read:
7        493.6105 Initial application for license.—
8        (5) In addition to the requirements outlined in subsection
9    (3), an applicant for a Class “G” license must satisfy minimum
10   training criteria for firearms established by rule of the



                                Page 1 of 6
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     Florida Senate - 2022                         COMMITTEE AMENDMENT
     Bill No. SB 1474




                             Ì917980AÎ917980


11   department, including which training criteria includes, but is
12   not limited to, 28 hours of range and classroom training
13   conducted by in-person instruction or live online instruction
14   through a secure website, provided that the applicant’s
15   identity, attendance, and successful completion of training are
16   verified by the instructor. As part of his or her application,
17   the applicant must submit a training certificate to the
18   department upon completion of the training. Training must be
19   taught and administered by one or more a Class “K” licensees.
20   licensee; however, No more than 20 hours of such training may be
21   conducted in an online classroom, and 8 hours of such training
22   shall consist of in-person range training. Consistent with s.
23   493.6115, the department shall by rule establish the general
24   content and the number of hours of each subject area to be
25   taught, the method of delivery and the security protocols for
26   online training and testing, the reporting requirements for
27   verification of successful completion of training, and any other
28   rules necessary for the regulation of Class “K” licensees
29   providing in-person or online training. Upon completion of the
30   training, the instructor must submit results directly to the
31   Division of Licensing in a manner prescribed by the department.
32   The instructor must also provide a copy of the training results
33   to the applicant who completed the training. The department may
34   waive the foregoing firearms training requirement if:
35       (a) The applicant provides proof that he or she is
36   currently certified as a law enforcement officer or correctional
37   officer pursuant to the requirements of the Criminal Justice
38   Standards and Training Commission or has successfully completed
39   the training required for certification within the last 12

                                Page 2 of 6
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     Florida Senate - 2022                         COMMITTEE AMENDMENT
     Bill No. SB 1474




                             Ì917980AÎ917980


40   months.
41       (b) The applicant provides proof that he or she is
42   currently certified as a federal law enforcement officer and has
43   received law enforcement firearms training administered by a
44   federal law enforcement agency.
45       (c) The applicant submits a valid firearm certificate
46   listed among those specified in paragraph (6)(a).
47       Section 2. Section 493.6132, Florida Statutes, is created
48   to read:
49       493.6132 Online training courses.—
50       (1) An online training course for a Class “D” license must
51   be conducted live and by a licensed school or training facility
52   that maintains a physical location in this state.
53       (2) A Class “K” licensed firearms instructor conducting an
54   online training course must maintain a physical location in this
55   state and must conduct online classes live at a location in this
56   state.
57       (3) An applicant may only be logged into the online
58   training course from one device at a time.
59       (4) The online training course must include, at a minimum,
60   all of the following:
61       (a) Security questions to ensure that the applicant is
62   actively using the computer or mobile device and is following
63   along with the online training.
64       (b) A minimum amount of time that each applicant must spend
65   on each screen before moving on to the next screen.
66       (c) Randomized test questions.
67       (d) A digital record of the applicant’s attendance log
68   along with any components required by department rule.

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     Florida Senate - 2022                         COMMITTEE AMENDMENT
     Bill No. SB 1474




                             Ì917980AÎ917980


69       (5) A licensed school or training facility, or a Class “K”
70   licensee conducting an online course, must maintain records of
71   all training sessions, including the name and license number of
72   the instructor who is present online with the students while the
73   students are receiving instruction, and proof of compliance with
74   all security protocols at the school, facility, or place of
75   business in this state. The records required under this
76   subsection must be made accessible to the department’s
77   investigators upon request.
78       (6) A licensed school or training facility, or a Class “K”
79   licensee conducting an online course must provide the Division
80   of Licensing with live access to each course for the purposes of
81   auditing, monitoring, or inspection as deemed necessary by the
82   division.
83       (7) If an applicant is absent during a portion of a live
84   online class, a licensed school or training facility, or a Class
85   “K” licensee conducting an online course, may deliver
86   instruction in part using recordings, as limited by department
87   rule.
88       Section 3. Paragraph (a) of subsection (4) of section
89   493.6303, Florida Statutes, is amended to read:
90       493.6303 License requirements.—In addition to the license
91   requirements set forth elsewhere in this chapter, each
92   individual or agency must comply with the following additional
93   requirements:
94       (4)(a) An applicant for a Class “D” license must submit
95   proof of successful completion of a minimum of 40 hours of
96   professional training at a school or training facility licensed
97   by the department. The training may be conducted by in-person

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      Florida Senate - 2022                           COMMITTEE AMENDMENT
      Bill No. SB 1474




                                Ì917980AÎ917980


98    instruction or online instruction presented live through a
99    secure website of the licensed school or training facility,
100   provided that the applicant’s identity, attendance, and
101   successful completion of training are verified by the
102   instructor. As part of his or her application, the applicant
103   must submit the completed training certificate to the department
104   upon completion of the training. The department shall by rule
105   and in accordance with s. 493.6103 establish the general content
106   and number of hours of each subject area to be taught, the
107   method of delivery and the security protocols for online
108   training and testing, the reporting requirements for
109   verification of successful completion of training, and any other
110   rules necessary for the regulation of schools or training
111   facilities providing in-person or online training. Upon
112   completion of such training, the training facility or the
113   instructor must submit proof of completion of training for each
114   applicant to the department electronically in a manner
115   prescribed by the department. The training facility or the
116   instructor must also provide a copy of the training results to
117   the applicant who completed the training.
118       Section 4. This act shall take effect July 1, 2022.
119
120   ================= T I T L E    A M E N D M E N T ================
121   And the title is amended as follows:
122       Delete everything before the enacting clause
123   and insert:
124                           A bill to be entitled
125       An act relating to online training for private
126       security officers; amending ss. 493.6105 and 493.6303,

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      Bill No. SB 1474




                              Ì917980AÎ917980


127       F.S.; providing that certain required training
128       criteria for Class “G” and Class “D” licenses,
129       respectively, may be conducted online; providing
130       requirements for such online training; requiring the
131       Department of Agriculture and Consumer Services to
132       establish certain criteria and rules for the
133       regulation of certain entities that provide online
134       training; providing reporting requirements upon
135       completion of the training; creating s. 493.6132,
136       F.S.; providing requirements for online training
137       courses for a Class “D” license; requiring entities
138       offering online training to provide the Division of
139       Licensing with live access to each course; authorizing
140       such entities to deliver online instruction using
141       recordings under certain circumstances; providing an
142       effective date.




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       Florida Senate - 2022                                        SB 1474          Florida Senate - 2022                                        SB 1474



       By Senator Bradley




       5-01188-22                                                20221474__          5-01188-22                                                20221474__
 1                             A bill to be entitled                          30     no more than 8 hours of such training shall consist of range
 2          An act relating to online training for private                    31     training. The department shall, by rule and in accordance with
 3          security officers; amending ss. 493.6105 and 493.6303,            32     s. 493.6115, establish the general content, the number of hours
 4          F.S.; authorizing certain Class “G” and Class “D”                 33     of each subject area to be taught, the method of delivery and
 5          license training to be conducted in person or online;             34     the security protocols for online training and testing, and the
 6          requiring the Department of Agriculture and Consumer              35     reporting requirements for verification of successful completion
 7          Services to adopt rules; providing reporting                      36     of training and may adopt any additional rules necessary for the
 8          requirements relating to the completion of such                   37     regulation of schools or training facilities providing in-person
 9          training; creating s. 493.6132, F.S.; providing                   38     or online training. The department may waive the foregoing
10          requirements for online training courses for Class “D”            39     firearms training requirement if:
11          and Class “G” licenses; providing an effective date.              40          (a) The applicant provides proof that he or she is
12                                                                            41     currently certified as a law enforcement officer or correctional
13     Be It Enacted by the Legislature of the State of Florida:              42     officer pursuant to the requirements of the Criminal Justice
14                                                                            43     Standards and Training Commission or has successfully completed
15          Section 1. Subsection (5) of section 493.6105, Florida            44     the training required for certification within the last 12
16     Statutes, is amended to read:                                          45     months.
17          493.6105 Initial application for license.—                        46          (b) The applicant provides proof that he or she is
18          (5) In addition to the requirements outlined in subsection        47     currently certified as a federal law enforcement officer and has
19     (3), an applicant for a Class “G” license must satisfy minimum         48     received law enforcement firearms training administered by a
20     training criteria for firearms established by rule of the              49     federal law enforcement agency.
21     department, which training criteria includes, but is not limited       50          (c) The applicant submits a valid firearm certificate among
22     to, 28 hours of range and classroom training conducted by in-          51     those specified in paragraph (6)(a).
23     person instruction or online through a secure website of the           52          Section 2. Paragraph (a) of subsection (4) of section
24     licensed school or training facility if the applicant’s                53     493.6303, Florida Statutes, is amended to read:
25     identity, attendance, and successful completion of training are        54          493.6303 License requirements.—In addition to the license
26     verified. The applicant must report the verification to the            55     requirements set forth elsewhere in this chapter, each
27     department upon completion of the training. Training must be           56     individual or agency must comply with the following additional
28     taught and administered by a Class “K” licensee; however, no           57     requirements:
29     more than 21 hours may be conducted in an online classroom, and        58          (4)(a) An applicant for a Class “D” license must submit

                                    Page 1 of 4                                                                 Page 2 of 4
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       Florida Senate - 2022                                        SB 1474           Florida Senate - 2022                                      SB 1474




       5-01188-22                                               20221474__            5-01188-22                                             20221474__
59     proof of successful completion of a minimum of 40 hours of              88     facility or be employed by a business establishment that is
60     professional training at a school or training facility licensed         89     registered, permitted, or licensed by the Department of Business
61     by the department. The training may be conducted by in-person           90     and Professional Regulation and which has an insurance policy in
62     instruction or online through a secure website of the licensed          91     the minimum amount of $1 million.
63     school or training facility if the applicant’s identity,                92          (3) An applicant may be logged into the online training
64     attendance, and successful completion of training are verified.         93     course from only one device at a time.
65     The applicant must report the verification to the department            94          (4) The online training course must meet all of the
66     upon completion of the training. The department shall, by rule          95     following requirements:
67     and in accordance with s. 493.6103, establish the general               96          (a) Include security questions to ensure that the applicant
68     content and number of hours of each subject area to be taught,          97     is actively using the computer or mobile device and is following
69     the method of delivery and the security protocols for online            98     along with the online training.
70     training and testing, and the reporting requirements for                99          (b) Establish a minimum amount of time that each applicant
71     verification of successful completion of training and may adopt        100     must spend on each screen before moving on to the next screen.
72     any additional rules necessary for the regulation of schools or        101          (c) Include randomized test questions.
73     training facilities providing in-person or online training. Upon       102          (5) Online training course certificates must be
74     completion of such training, the training facility or the              103     sequentially numbered for tracking purposes.
75     instructor must submit proof of completion of training for each        104          Section 4. This act shall take effect July 1, 2022.
76     applicant to the department electronically in a manner
77     prescribed by the department. The training facility or the
78     instructor must also provide a copy of the training results to
79     the applicant who completed the training.
80          Section 3. Section 493.6132, Florida Statutes, is created
81     to read:
82          493.6132 Online training courses.—
83          (1) An online training course for a Class “D” or Class “G”
84     license must be affiliated with and conducted by a licensed
85     school or training facility that maintains a physical location.
86          (2) A firearms instructor conducting an online training
87     course must be employed by a licensed school or training

                                  Page 3 of 4                                                                    Page 4 of 4
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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 #1146, relating to Taxation of Investigative Services, 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:             CS/SB 1146
INTRODUCER:       Commerce and Tourism Committee and Senator Rodriguez
SUBJECT:           Taxation of Investigative Services
DATE:              February 1, 2022               REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Renner                             McKay                                 CM              Fav/CS
2.                                                                          FT
3.                                                                          AP



                      Please see Section IX. for Additional Information:
                                     COMMITTEE SUBSTITUTE - Substantial Changes




    I.    Summary:

          CS/SB 1146 provides an exemption from the sales and use tax for investigative services provided
          by a small private investigative agency.

          The Revenue Estimating Conference determined the bill will reduce General Revenue Fund
          receipts by $300,000 in Fiscal Year 2022-2023 with a recurring impact of $300,000. The bill will
          reduce local revenues by $100,000 in Fiscal Year 2022-2023 with a recurring local impact of
          $100,000.

          The bill takes effect July 1, 2022.

    II.   Present Situation:

          Florida Sales and Use Tax

          Florida levies a 6 percent sales and use tax on the sale or rental of most tangible personal
          property,1 admissions,2 transient rentals,3 and a limited number of services. 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.

1
  Section 212.05(1)(a)1.a, F.S.
2
  Section 212.04(b), F.S.
3
  Section 212.03(1)(a), F.S.
BILL: CS/SB 1146                                                                                                   Page 2

        Sales tax is added to the price of the taxable good or service and collected from the purchaser at
        the time of sale.4

        Currently, charges for detective, burglar protection, and other protection services listed under the
        North American Industry Classification System (NAICS) National Numbers 561611
        (investigative services), 561612 (security guards and patrol services), 561613 (armored car
        services), and 561621 (security systems services, except locksmiths) are subject to the 6 percent
        sales and use tax.5

         Private Investigative Services

        The Division of Licensing within the Department of Agriculture and Consumer Services
        oversees the regulation of licensing of private investigative services.6 As of December 31, 2021,
        the Division has issued 2,627 private investigative agency licenses and 6,992 private investigator
        licenses.7

        A “private investigator” is defined as any individual who, for consideration, advertises as
        providing or performs private investigation.8 A “private investigative agency” means any person
        who, for consideration, advertises as providing or is engaged in the business of furnishing
        privation investigations.9 Private investigation is defined as an investigation to obtain
        information on any of the following matters:
         Crime or wrongs done or threatened against the United States or any state or territory of the
            United States, when operating under express written authority of the governmental official
            responsible for authorizing such investigation.
         The identity, habits, conduct, movements, whereabouts, affiliations, associations,
            transactions, reputation, or character of any society, person, or group of persons.
         The credibility of witnesses or other persons.
         The whereabouts of missing persons, owners of unclaimed property or escheated property, or
            heirs to estates.
         The location or recovery of lost or stolen property.
         The causes and origin of, or responsibility for, fires, libels, slanders, losses, accidents,
            damage, or injuries to real or personal property.
         The business of securing evidence to be used before investigating committees or boards of
            award or arbitration or in the trial of civil or criminal cases and the preparation thereof.10

III.    Effect of Proposed Changes:

        The bill exempts investigative services provided by a small private investigative agency from the
        sales and use tax.

4
  See s. 212.07(2), F.S.
5
  Section 212.05(1)(i)1., F.S.
6
  Chapter 493, F.S.
7
  Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports (as of December 31, 2021),
available at https://www.fdacs.gov/Divisions-Offices/Licensing/Statistical-Reports (last visited Jan. 28, 2022).
8
  Section 493.6101(16), F.S.
9
  Section 493.6101(15), F.S.
10
   Section 493.6101(17), F.S.
BILL: CS/SB 1146                                                                                                        Page 3


         The bill defines a “small private investigative agency” as a private investigator licensed under s.
         493.6201, F.S., which:
          Employs three or fewer full-time or part-time employees, including those performing
            services pursuant to an employment leasing arrangement as defined in s. 468.520(4), F.S.;
            and
          Received less than $50,000 for each employee in taxable compensation during the previous
            calendar year for providing private investigation services for all its businesses related through
            common ownership.

         The bill takes effect July 1, 2022.

IV.      Constitutional Issues:

         A.       Municipality/County Mandates Restrictions:

                  Article VII, s. 18 of the Florida Constitution governs laws that require counties and
                  municipalities to spend funds, limit the ability of counties and municipalities to raise
                  revenue, or reduce the percentage of state tax shared with counties and municipalities.

                  Subsection (b) of Art. VII, s. 18 of the Florida Constitution provides that except upon
                  approval of each house of the Legislature by two-thirds vote of the membership, the
                  legislature may not enact, amend, or repeal any general law if the anticipated effect of
                  doing so would be to reduce the authority that municipalities or counties have to raise
                  revenue in the aggregate, as such authority existed on February 1, 1989. However, the
                  mandates requirements do not apply to laws having an insignificant impact,11,12 which is
                  $2.2 million or less for Fiscal Year 2021-2022.13

                  The Revenue Estimating Conference determined that the bill will reduce local revenues
                  by $100,000 in Fiscal Year 2022-2023. Therefore, it appears that the mandates provision
                  does not apply because the impact is insignificant.

         B.       Public Records/Open Meetings Issues:

                  None.

         C.       Trust Funds Restrictions:

                  None.



11
   FLA. CONST. art. VII, s. 18(d).
12
   An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year
multiplied by $0.10. See Florida Senate Committee on Community Affairs, Interim Report 2012-115: Insignificant Impact,
(September 2011), available at http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last
visited Jan. 28, 2022).
13
   Based on the Demographic Estimating Conference’s population adopted on March 3, 2021. The conference packet is
available at http://edr.state.fl.us/Content/conferences/population/demographicsummary.pdf (last visited Jan. 28, 2022).
 BILL: CS/SB 1146                                                                                               Page 4

        D.      State Tax or Fee Increases:

                Section 19 of Article VII, Florida Constitution requires increased taxes or fees to be
                passed in a separate bill and by two-thirds vote of the membership of each house of the
                Legislature. This bill does not increase any taxes or fees; therefore, the increased tax or
                fee requirements do not apply.

        E.      Other Constitutional Issues:

                None.

  V.    Fiscal Impact Statement:

        A.      Tax/Fee Issues:

                The Revenue Estimating Conference determined the bill will reduce General Revenue
                Fund receipts by $300,000 in Fiscal Year 2022-2023 with a recurring impact of
                $300,000. The bill will reduce local revenues by $100,000 in Fiscal Year 2022-2023 with
                a recurring local impact of $100,000.

        B.      Private Sector Impact:

                Certain small private investigative agencies may incur savings due to the sales and use
                tax exemption on the sale of investigative services.

        C.      Government Sector Impact:

                None.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        The bill does not grant emergency rulemaking authority to the Department of Revenue to enable
        the department to implement the provisions in the bill by the bill’s effective date on July 1, 2022.

VIII.   Statutes Affected:

        This bill substantially amends section 212.08 of the Florida Statutes.

 IX.    Additional Information:

        A.      Committee Substitute – Statement of Substantial Changes:
                (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                CS by Commerce and Tourism January 31, 2022:
                 Modifies the definition of a “small private investigative agency” to provide that the
                   agency must have received less than $50,000 for each employee in taxable
BILL: CS/SB 1146                                                                                                                    Page 5

                    compensation during the previous calendar year for providing private investigative
                    services.

      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                         COMMITTEE AMENDMENT
    Bill No. SB 1146




                            Ì4757349Î475734


                            LEGISLATIVE ACTION
          Senate                    .                   House
         Comm: RCS                  .
        02/01/2022                  .
                                    .
                                    .
                                    .




    The Committee on Commerce and Tourism (Rodriguez) recommended
    the following:


1       Senate Amendment
2
3       Delete lines 45 - 46
4   and insert:
5       b. Received less than $50,000 for each employee in taxable
6   compensation during the previous calendar year for providing
7   private investigative




                               Page 1 of 1
    1/26/2022 4:42:08 PM                                 577-02366-22
       Florida Senate - 2022                                        SB 1146          Florida Senate - 2022                                        SB 1146



       By Senator Rodriguez




       39-01108-22                                               20221146__          39-01108-22                                            20221146__
1                              A bill to be entitled                          30     or the entity obtains or provides other documentation as
2           An act relating to taxation of investigative services;            31     required by the department. Eligible purchases or leases made
3           amending s. 212.08, F.S.; defining the term “small                32     with such a certificate must be in strict compliance with this
4           private investigative agency”; providing an exemption             33     subsection and departmental rules, and any person who makes an
5           from the state tax on sales, use, and other                       34     exempt purchase with a certificate that is not in strict
6           transactions for investigative services provided by a             35     compliance with this subsection and the rules is liable for and
7           small private investigative agency; providing an                  36     shall pay the tax. The department may adopt rules to administer
8           effective date.                                                   37     this subsection.
9                                                                             38          (ppp) Small private investigative agencies.—
10     Be It Enacted by the Legislature of the State of Florida:              39          1. As used in this paragraph, the term “small private
11                                                                            40     investigative agency” means a private investigator licensed
12          Section 1. Paragraph (ppp) is added to subsection (7) of          41     under s. 493.6201 which:
13     section 212.08, Florida Statutes, to read:                             42          a. Employs three or fewer full-time or part-time employees,
14          212.08 Sales, rental, use, consumption, distribution, and         43     including those performing services pursuant to an employee
15     storage tax; specified exemptions.—The sale at retail, the             44     leasing arrangement as defined in s. 468.520(4), in total; and
16     rental, the use, the consumption, the distribution, and the            45          b. Received less than $50,000 in compensation during the
17     storage to be used or consumed in this state of the following          46     previous calendar year for providing private investigation
18     are hereby specifically exempt from the tax imposed by this            47     services as defined in s. 493.6101(17) for all its businesses
19     chapter.                                                               48     related through common ownership.
20          (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any          49          2. The sale of investigative services by a small private
21     entity by this chapter do not inure to any transaction that is         50     investigative agency to a client is exempt from the tax imposed
22     otherwise taxable under this chapter when payment is made by a         51     by this chapter.
23     representative or employee of the entity by any means,                 52          Section 2. This act shall take effect July 1, 2022.
24     including, but not limited to, cash, check, or credit card, even
25     when that representative or employee is subsequently reimbursed
26     by the entity. In addition, exemptions provided to any entity by
27     this subsection do not inure to any transaction that is
28     otherwise taxable under this chapter unless the entity has
29     obtained a sales tax exemption certificate from the department

                                   Page 1 of 2                                                                  Page 2 of 2
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                                              THE FLORIDA SENATE
                                                                                                    COMMITTEES:
                                                 Tallahassee, Florida 32399-1100                    Banking and Insurance, Chair
                                                                                                    Agriculture
                                                                                                    Appropriations Subcommittee on Agriculture,
                                                                                                      Environment, and General Government
                                                                                                    Appropriations Subcommittee on Transportation,
                                                                                                      Tourism, and Economic Development
                                                                                                    Judiciary
                                                                                                    Rules

                                                                                                    JOINT COMMITTEE:
                                                                                                    Joint Legislative Auditing Committee
SENATOR JIM BOYD
    21st District



January 19, 2022



Senator Ed Hooper
404 South Monroe Street
310 Knott Building
Tallahassee, FL 32399

Dear Chairman Hooper:

I respectfully request Senate Bill 1536: Money Services Businesses, be scheduled for a hearing
in the Committee on Commerce and Tourism at your earliest convenience.

If I may be of assistance to you on this or any other matter, please do not hesitate to contact me.

Thank you for your consideration of this matter.

Best regards,



Jim Boyd



cc: Todd McKay
    Kathryn Vigrass




              REPLY TO:
                 717 Manatee Avenue West, Bradenton, Florida 34205 (941) 742-6445
                 312 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5021

                                                Senate’s Website: www.flsenate.gov


                      WILTON SIMPSON                                                           AARON BEAN
                    President of the Senate                                                President Pro Tempore
                                                      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 Banking and Insurance

BILL:           CS/CS/SB 1536
INTRODUCER:     Commerce and Tourism Committee, Banking and Insurance Committee, and Senator
                Boyd
SUBJECT:        Money Services Businesses
DATE:           February 1, 2022                REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Schrader                         Knudson                               BI              Fav/CS
2. Renner                           McKay                                 CM              Fav/CS
3.                                                                        RC



                     Please see Section IX. for Additional Information:
                                   COMMITTEE SUBSTITUTE - Substantial Changes




  I.    Summary:

        CS/CS/SB 1536 revises provisions and definitions regarding the persons in control of a money
        services business (MSB) and makes conforming changes. The purpose of these revisions is to
        more specifically define the persons subject to fingerprinting and background checks pursuant to
        an MSB application.

        The effective date of the bill is October 1, 2022.

 II.    Present Situation:

        Licensing of Money Services Businesses

        The Office of Financial Regulation (OFR) is responsible for the regulatory oversight of Florida’s
        financial services industry. As part the OFR’s responsibilities, OFR oversees MSBs, which are
        regulated under three license categories created under ch. 560, F.S. The first category, money
        transmitters and persons selling or issuing payment instruments, is regulated under part II of ch.
        560, F.S. The second category, check cashers and foreign currency exchangers, is regulated
        under part III of ch. 560, F.S.

        To be licensed under ch. 560, F.S., an MSB applicant must:
BILL: CS/CS/SB 1536                                                                                     Page 2

                  Demonstrate to the OFR the character and general fitness necessary to command the
                   confidence of the public and warrant the belief that the MSB or deferred presentment
                   provider shall be operated lawfully and fairly;
                  Be legally authorized to do business in Florida;
                  Be registered as a money services business with the Financial Crimes Enforcement
                   Network as required by 31 C.F.R. s. 1022.380, if applicable;
                  Have an anti-money laundering program in place which meets the requirements of 31
                   C.F.R. s. 1022.210; and
                  Provide the OFR with all the information required under this chapter and related rules.1

           To apply as a money services business under ch. 560, F.S., a person must submit:
               An application to OFR for an MSB license that must include, on a form prescribed by
                  rule, all of the following:
                      o The legal name and address of the applicant, including any fictitious or trade
                           names used by the applicant in the conduct of its business;
                      o The date of the applicant’s formation and the state where the applicant was
                           formed, if applicable;
                      o The name, social security number, alien identification or taxpayer identification
                           number, business and residence addresses, and employment history for the past 5
                           years for each officer, director, responsible person, the compliance officer, each
                           controlling shareholder, and any other person who has a controlling interest in the
                           money services business as provided in s. 560.127, F.S.;
                      o A description of the organizational structure of the applicant, including the
                           identity of any parent or subsidiary of the applicant, and the disclosure of whether
                           any parent or subsidiary is publicly traded;
                      o The applicant’s history of operations in other states, if applicable, and a
                           description of the money services business or deferred presentment provider
                           activities the applicant proposes to conduct in Florida;
                      o If the applicant or its parent is a publicly traded company, for the preceding year,
                           copies of all filings made by the applicant with the United States Securities and
                           Exchange Commission (SEC); or, if publicly traded in a country other than the
                           United States, such filings with that country’s regulator similar to the SEC;
                      o The location at which the applicant proposes to establish its principal place of
                           business and any other location, including branch offices and authorized vendors
                           operating within Florida. For each branch office and each location of an
                           authorized vendor, the applicant must include the nonrefundable fee required by s.
                           560.143, F.S.;
                      o The name and address of the clearing financial institution or financial institutions
                           through which the applicant’s payment instruments are drawn or through which
                           the payment instruments are payable;
                      o The history of the applicant’s material litigation, criminal convictions, pleas of
                           nolo contendere, and cases of adjudication withheld;
                      o The history of material litigation, arrests, criminal convictions, pleas of nolo
                           contendere, and cases of adjudication withheld for each executive officer,
                           director, controlling shareholder, and responsible person;

1
    Section 560.1401, F.S.
BILL: CS/CS/SB 1536                                                                                 Page 3

                     o The name of the registered agent in this state for service of process unless the
                          applicant is a sole proprietor; and
                     o Any other information specified in ch. 560, F.S. or by rule.2
                 A nonrefundable application fee, as specified in s. 560.143, F.S.3
                 Fingerprints, for live-scan processing in accordance with rules adopted by the Financial
                  Services Commission (Commission), for each officer, director, responsible person, the
                  compliance officer, each controlling shareholder, and any other person who has a
                  controlling interest in the money services business as provided in s. 560.127, F.S.
                  Regarding such fingerprints:
                     o They may be submitted through a third-party vendor authorized by the Florida
                          Department of Law Enforcement (FDLE) to provide live-scan fingerprinting. The
                          FDLE must also conduct the state criminal history background check, and a
                          federal criminal history background check must be conducted through the Federal
                          Bureau of Investigation. The OFR must review the results of this background
                          check
                     o The cost of processing and retaining the fingerprints are borne by the person
                          subject to the background checks to determine license eligibility.
                     o Fingerprints are not required from publicly traded corporations.4
                 A copy of the applicant’s written anti-money laundering program required under 31
                  C.F.R. s. 1022.210.5
                 Within the time allotted by rule, any information needed to resolve any deficiencies
                  found in the application.6

         Licenses issued to MSBs cannot be for more than 2 years,7 after which, the MSB must reapply
         for licensure pursuant to s. 560.142, F.S.

         Federal Bureau of Investigation Determination Regarding Access to Criminal History
         Record Information

         As stated above, MSB applicant fingerprints must be submitted to FDLE for a state and federal
         criminal history background check. The federal check is conducted through the FBI, which
         manages a criminal history record information (CHRI) system, through which this information
         can be obtained. The purpose the CHRI system is to assure that criminal history record
         information wherever it appears is collected, stored, and disseminated in a manner to ensure the
         accuracy, completeness, currency, integrity, and security of such information and to protect
         individual privacy.8 Federal Public Law 92-544 authorizes the exchange of CHRI with officials
         of state and local governmental agencies for licensing and employment purposes. However, this
         access can only be authorized by a state statute which has been subsequently approved by the
         Attorney General of the United States. Section 560.141, F.S. (the statute authorizing background


2
  Section 560.141(1)(a), F.S.
3
  Section 560.141(1)(b), F.S.
4
  Section 560.141(1)(c), F.S.
5
  Section 560.141(1)(d), F.S.
6
  Section 560.141(1)(e), F.S.
7
  Section 560.141(2), F.S.
8
  28 C.F.R. s. 20.1.
BILL: CS/CS/SB 1536                                                                                                 Page 4

        checks for MSB applicants), had been previously approved for access to CHRI; however, the
        situation has recently changed.

        In an effort to obtain CHRI for applicants to a recently created (in 2020) Financial Technology
        Sandbox under s. 559.952, F.S., the FDLE sent correspondence to the FBI’s Criminal Justice
        Information Law Unit (CJILU) to obtain an Originating Agency Identifier (ORI). The ORI
        validates legal authorization to access criminal justice information and identifies the specific
        agency requesting the information. CJILU reviewed s. 559.952, F.S., which derives its
        fingerprinting authority from s. 560.141, F.S. CJILU responded to this request stating that s.
        560.141, F.S. did not qualify for CHRI because the terms “responsible person” and “control of a
        money services business” as used in section 560.141, F.S., were overly broad and, thus, did not
        sufficiently define the categories of people subject to the background check.9 The CJILU did
        express that since it had previously approved s. 560.141, F.S., it would continue to honor
        fingerprints submitted for MSB applicants during a grace period in order to allow Florida to
        amend 560.141, F.S., but it would not extend this grace period to other types of applicants.

III.    Effect of Proposed Changes:

        Section 1 amends s. 560.103, F.S., to revise certain definitions relating to MSBs in order to
        better define the persons subject to fingerprinting under the chapter. The section creates an
        extensive definition of a “control person” for an MSB. Such person is defined as a person who
        possesses the power, directly or indirectly, to direct the management or policies of an MSB,
        whether through ownership of securities, by contract, or through other means, and regardless of
        whether such person has an official title or receives a salary or other compensation. The
        definition also provides that the following persons are presumed to be control persons:
             The president, chief executive officer, chief financial officer, chief operations officer,
                chief legal officer, and chief compliance officer;
             A person holding any of the officer positions named in the money services business’s
                governing documents;
             A person holding any position named by the money services business’s liability insurance
                coverage for directors and officers, if the business has such coverage; and
             A director of the money services business’s board of directors.

        The definition also provides that for certain specified entities, additional persons are control
        persons. These are:
             For corporations that are not publicly traded: Any shareholder that owns 25 percent or
                more or that has the power to vote 25 percent or more of a class of voting securities is a
                control person.
             For partnerships: All general partners and limited or special partners that have
                contributed 25 percent or more, or that have the right to receive, upon dissolution, 25
                percent or more of the partnership’s capital.
             For trusts: Each trustee.


9
 Office of Financial Regulation, Senate Bill 1536 Analysis (January 12, 2022) (on file with the Senate Committee on
Banking and Insurance), and Letter from Heather R. Postletwait, Paralegal Specialist for the FBI CJILU, to Nathan Pate,
Florida Dept. of Law Enforcement, (Mar. 22, 2022) (on file with the Senate Committee on Banking and Insurance).
BILL: CS/CS/SB 1536                                                                                    Page 5

              For limited liability companies: All managers and those members that have contributed
               25 percent or more or that have the right to receive, upon dissolution, 25 percent or more
               of the limited liability company’s capital.

      The section also simplifies the definition of “affiliated party” to be a control person, employee,
      or foreign affiliate of an MSB. Finally, the section deletes the definitions of “officer” and
      “responsible person.”

      The intent of the revisions in this section is to more specifically define the persons subject to
      fingerprinting and background checks pursuant to an MSB application and to make this
      definition less broad. The purpose of which is to address the specificity concerns of the CJILU
      and, thereby, maintain the OFR’s access to the FBI’s CHRI.

      Sections 2, 3, 4, and 6 revise s. 560.118, F.S. (relating to the filing of quarterly reports by
      MSBs), s. 560.123, F.S. (the Florida Control of Money Laundering in Money Services Business
      Act), s. 560.126, F.S., (required noticing by MSBs), and s. 560.141, F.S. (relating to MSB
      license applications), respectively, to conform to the revisions made in Section 1. Section 4 also
      deletes provisions requiring persons proposing to acquire a controlling interest in an MSB to file
      a new application with the OFR, and deletes a rulemaking authorization regarding waivers of this
      application requirement. Section 6 also deletes an obsolete provision relating to fingerprinting
      for money services business licenses approved prior to October 1, 2013.

      Section 5 repeals s. 560.127, F.S., to delete a provision that establishes when a person controls
      an MSB, as this section is no longer necessary with the revisions in Section 1.

      Section 7 revises s. 560.143, F.S., to delete a cross-reference to conform to the changes in
      Section 1 and to make a conforming change deleting a provision regarding license application
      fees relating to a change in control of a money services business.

      Section 8 re-enacts s. 559.952(4)(a), F.S., relating to the Financial Technology Sandbox, to
      incorporate the changes made to ss. 560.118 and 560.141, F.S.

      Section 9 re-enacts s. 560.114(2)(c), F.S., relating to disciplinary actions and penalties, to
      incorporate the changes made to s. 560.114, F.S.

      Section 10 provides an effective date of October 1, 2022.

IV.   Constitutional Issues:

      A.       Municipality/County Mandates Restrictions:

               None.

      B.       Public Records/Open Meetings Issues:

               None.
 BILL: CS/CS/SB 1536                                                                                            Page 6

        C.      Trust Funds Restrictions:

                None.

        D.      State Tax or Fee Increases:

                None.

        E.      Other Constitutional Issues:

                None.

  V.    Fiscal Impact Statement:

        A.      Tax/Fee Issues:

                None.

        B.      Private Sector Impact:

                None.

        C.      Government Sector Impact:

                None.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill substantially amends the following sections of the Florida Statutes: 560.103, 560.118,
        560.123, 560.126, 560.141, and 560.143.
        This bill repeals section 560.127 of the Florida Statutes.
        This bill reenacts the following sections of the Florida Statutes. 559.952 and 560.114.

 IX.    Additional Information:

        A.      Committee Substitute – Statement of Substantial Changes:
                (Summarizing differences between the Committee Substitute and the prior version of the bill.)

                CS by Banking and Insurance on January 18, 2022:
                The committee substitute deletes from SB 1536 the following provisions:
                • Creation of rulemaking authority to establish disqualifying periods for where a money
                services business is prohibited from licensure for specified violations.
BILL: CS/CS/SB 1536                                                                                                                 Page 7

               • Authorization for the OFR to bar a person from licensure, or from acting as a control
               person of an MSB, for that person’s violation of ch. 560, F.S., agency rules or orders, or
               written agreement with the OFR; and
               • Authorization for OFR to suspend the license of an MSB if its control person is arrested
               for certain offenses.

               CS by Commerce and Tourism on January 31, 2022:
               The committee substitute makes the following changes:
                Makes technical changes.
                Deletes an obsolete provision in s. 560.141(1)(c)7., F.S., relating to fingerprinting for
                  money services business licenses approved prior to October 1, 2013.
                Makes a conforming change deleting a provision in s. 560.143(1)(g), F.S., regarding
                  license application fees relating to a change in control of a money services business.

      B.       Amendments:

               None.

       This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
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                               LEGISLATIVE ACTION
              Senate                   .                  House
             Comm: RCS                 .
         02/01/2022                    .
                                       .
                                       .
                                       .




     The Committee on Commerce and Tourism (Boyd) recommended the
     following:


1        Senate Amendment (with title amendment)
2
3        Delete everything after the enacting clause
4    and insert:
5        Section 1. Section 560.103, Florida Statutes, is amended to
6    read:
7        560.103 Definitions.—As used in this chapter, the term:
8        (1) “Affiliated party” means a control director, officer,
9    responsible person, employee, or foreign affiliate of a money
10   services business, or a person who has a controlling interest in



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11   a money services business as provided in s. 560.127.
12       (2) “Appropriate regulator” means a state, federal, or
13   foreign agency that has been granted authority to enforce state,
14   federal, or foreign laws related to a money services business or
15   deferred presentment provider.
16       (3) “Authorized vendor” means a person designated by a
17   money services business licensed under part II of this chapter
18   to act on behalf of the licensee at locations in this state
19   pursuant to a written contract with the licensee.
20       (4) “Branch office” means the physical location, other than
21   the principal place of business, of a money services business
22   operated by a licensee under this chapter.
23       (5) “Cashing” means providing currency for payment
24   instruments except for travelers checks.
25       (6) “Check casher” means a person who sells currency in
26   exchange for payment instruments received, except travelers
27   checks.
28       (7) “Commission” means the Financial Services Commission.
29       (8) “Compliance officer” means the individual in charge of
30   overseeing, managing, and ensuring that a money services
31   business is in compliance with all state and federal laws and
32   rules relating to money services businesses, as applicable,
33   including all money laundering laws and rules.
34       (9) “Conductor” means a natural person who presents himself
35   or herself to a licensee for purposes of cashing a payment
36   instrument.
37       (10) “Control person” means:
38       (a) A person that possesses the power, directly or
39   indirectly, to direct the management or policies of a money

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40   services business, whether through ownership of securities, by
41   contract, or through other means, and regardless of whether such
42   person has an official title or receives a salary or other
43   compensation. The following persons are each presumed to be a
44   control person:
45       1. The president, chief executive officer, chief financial
46   officer, chief operations officer, chief legal officer, and
47   compliance officer.
48       2. A person holding any of the officer positions named in
49   the money services business’s governing documents.
50       3. A person holding any position named by the money
51   services business’s liability insurance coverage for directors
52   and officers, if the business has such coverage.
53       4. A director of the money services business’s board of
54   directors.
55       (b) For a corporation that is not publicly traded, all
56   shareholders that, directly or indirectly, own 25 percent or
57   more or that have the power to vote 25 percent or more of a
58   class of voting securities.
59       (c) For a partnership, all general partners and those
60   limited or special partners that have contributed 25 percent or
61   more or that have the right to receive upon dissolution 25
62   percent or more of the partnership’s capital.
63       (d) For a trust, all trustees.
64       (e) For a limited liability company, all managers and those
65   members that have contributed 25 percent or more or that have
66   the right to receive upon dissolution 25 percent or more of the
67   limited liability company’s capital.
68       (11)(10) “Corporate payment instrument” means a payment

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69   instrument on which the payee named on the instrument’s face is
70   other than a natural person.
71       (12)(11) “Currency” means the coin and paper money of the
72   United States or of any other country which is designated as
73   legal tender and which circulates and is customarily used and
74   accepted as a medium of exchange in the country of issuance.
75   Currency includes United States silver certificates, United
76   States notes, and Federal Reserve notes. Currency also includes
77   official foreign bank notes that are customarily used and
78   accepted as a medium of exchange in a foreign country.
79       (13)(12) “Deferred presentment provider” means a person who
80   is licensed under part II or part III of this chapter and has
81   filed a declaration of intent with the office to engage in
82   deferred presentment transactions as provided under part IV of
83   this chapter.
84       (14)(13) “Department” means the Department of Financial
85   Services.
86       (15)(14) “Electronic instrument” means a card, tangible
87   object, or other form of electronic payment for the transmission
88   or payment of money or the exchange of monetary value, including
89   a stored value card or device that contains a microprocessor
90   chip, magnetic stripe, or other means for storing information;
91   that is prefunded; and for which the value is decremented upon
92   each use.
93       (16)(15) “Financial audit report” means a report prepared
94   in connection with a financial audit that is conducted in
95   accordance with generally accepted auditing standards prescribed
96   by the American Institute of Certified Public Accountants by a
97   certified public accountant licensed to do business in the

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98    United States, and which must include:
99          (a) Financial statements, including notes related to the
100   financial statements and required supplementary information,
101   prepared in conformity with accounting principles generally
102   accepted in the United States. The notes must, at a minimum,
103   include detailed disclosures regarding receivables that are
104   greater than 90 days, if the total amount of such receivables
105   represents more than 2 percent of the licensee’s total assets.
106         (b) An expression of opinion regarding whether the
107   financial statements are presented in conformity with accounting
108   principles generally accepted in the United States, or an
109   assertion to the effect that such an opinion cannot be expressed
110   and the reasons.
111         (17)(16) “Foreign affiliate” means a person located outside
112   this state who has been designated by a licensee to make
113   payments on behalf of the licensee to persons who reside outside
114   this state. The term also includes a person located outside of
115   this state for whom the licensee has been designated to make
116   payments in this state.
117         (18)(17) “Foreign currency exchanger” means a person who
118   exchanges, for compensation, currency of the United States or a
119   foreign government to currency of another government.
120         (19)(18) “Fraudulent identification paraphernalia” means
121   all equipment, products, or materials of any kind that are used,
122   intended for use, or designed for use in the misrepresentation
123   of a customer’s identity. The term includes, but is not limited
124   to:
125         (a) A signature stamp, thumbprint stamp, or other tool or
126   device used to forge a customer’s personal identification

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127   information.
128       (b) An original of any type of personal identification
129   listed in s. 560.310(2)(b) which is blank, stolen, or unlawfully
130   issued.
131       (c) A blank, forged, fictitious, or counterfeit instrument
132   in the similitude of any type of personal identification listed
133   in s. 560.310(2)(b) which would in context lead a reasonably
134   prudent person to believe that such instrument is an authentic
135   original of such personal identification.
136       (d) Counterfeit, fictitious, or fabricated information in
137   the similitude of a customer’s personal identification
138   information that, although not authentic, would in context lead
139   a reasonably prudent person to credit its authenticity.
140       (20)(19) “Licensee” means a person licensed under this
141   chapter.
142       (21)(20) “Location” means a branch office, mobile location,
143   or location of an authorized vendor whose business activity is
144   regulated under this chapter.
145       (22)(21) “Monetary value” means a medium of exchange,
146   whether or not redeemable in currency.
147       (23)(22) “Money services business” means any person located
148   in or doing business in this state, from this state, or into
149   this state from locations outside this state or country who acts
150   as a payment instrument seller, foreign currency exchanger,
151   check casher, or money transmitter.
152       (24)(23) “Money transmitter” means a corporation, limited
153   liability company, limited liability partnership, or foreign
154   entity qualified to do business in this state which receives
155   currency, monetary value, or payment instruments for the purpose

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156   of transmitting the same by any means, including transmission by
157   wire, facsimile, electronic transfer, courier, the Internet, or
158   through bill payment services or other businesses that
159   facilitate such transfer within this country, or to or from this
160   country.
161       (25)(24) “Net worth” means assets minus liabilities,
162   determined in accordance with United States generally accepted
163   accounting principles.
164       (26)(25) “Office” means the Office of Financial Regulation
165   of the commission.
166       (26) “Officer” means an individual, other than a director,
167   who participates in, or has authority to participate in, the
168   major policymaking functions of a money services business,
169   regardless of whether the individual has an official title or
170   receives a salary or other compensation.
171       (27) “Outstanding money transmission” means a money
172   transmission to a designated recipient or a refund to a sender
173   that has not been completed.
174       (28) “Outstanding payment instrument” means an unpaid
175   payment instrument whose sale has been reported to a licensee.
176       (29) “Payment instrument” means a check, draft, warrant,
177   money order, travelers check, electronic instrument, or other
178   instrument, payment of money, or monetary value whether or not
179   negotiable. The term does not include an instrument that is
180   redeemable by the issuer in merchandise or service, a credit
181   card voucher, or a letter of credit.
182       (30) “Payment instrument seller” means a corporation,
183   limited liability company, limited liability partnership, or
184   foreign entity qualified to do business in this state which

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185   sells a payment instrument.
186       (31) “Person” means an individual, partnership,
187   association, trust, corporation, limited liability company, or
188   other group, however organized, but does not include a public
189   agency or instrumentality thereof.
190       (32) “Personal identification information” means a
191   customer’s name that, alone or together with any of the
192   following information, may be used to identify that specific
193   customer:
194       (a) Customer’s signature.
195       (b) Photograph, digital image, or other likeness of the
196   customer.
197       (c) Unique biometric data, such as the customer’s
198   thumbprint or fingerprint, voice print, retina or iris image, or
199   other unique physical representation of the customer.
200       (33) “Responsible person” means an individual who is
201   employed by or affiliated with a money services business and who
202   has principal active management authority over the business
203   decisions, actions, and activities of the money services
204   business in this state.
205       (33) “Publicly traded” means a stock is currently traded on
206   a national securities exchange registered with the Securities
207   and Exchange Commission, or traded on an exchange in a country
208   other than the United States regulated by a regulator equivalent
209   to the Securities and Exchange Commission and the disclosure and
210   reporting requirements of such regulator are substantially
211   similar to those of the Securities and Exchange Commission.
212       (34) “Sells” means to sell, issue, provide, or deliver.
213       (35) “Stored value” means funds or monetary value

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214   represented in digital electronic format, whether or not
215   specially encrypted, and stored or capable of storage on
216   electronic media in such a way as to be retrievable and
217   transferred electronically.
218          Section 2. Subsection (2) of section 560.118, Florida
219   Statutes, is amended to read:
220          560.118 Reports.—
221          (2) Each licensee must submit quarterly reports to the
222   office in a format and include information as specified by rule.
223   The rule may require the report to contain a declaration by a
224   control an officer, or any other responsible person authorized
225   to make such declaration, that the report is true and correct to
226   the best of her or his knowledge and belief.
227          Section 3. Paragraph (d) of subsection (3) of section
228   560.123, Florida Statutes, is amended to read:
229          560.123 Florida Control of Money Laundering in Money
230   Services Business Act.—
231          (3) A money services business shall keep a record of each
232   financial transaction occurring in this state which it knows to
233   involve currency or other payment instrument, as prescribed by
234   the commission, having a value greater than $10,000; to involve
235   the proceeds of specified unlawful activity; or to be designed
236   to evade the reporting requirements of this section or chapter
237   896. The money services business must maintain appropriate
238   procedures to ensure compliance with this section and chapter
239   896.
240          (d) A money services business, or control person officer,
241   employee, or agent thereof, that files a report in good faith
242   pursuant to this section is not liable to any person for loss or

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243   damage caused in whole or in part by the making, filing, or
244   governmental use of the report, or any information contained
245   therein.
246       Section 4. Subsection (3) of section 560.126, Florida
247   Statutes, is amended to read:
248       560.126 Required notice by licensee.—
249       (3) Each licensee must report any change in the control
250   partners, officers, members, joint venturers, directors,
251   controlling shareholders, or responsible persons of the licensee
252   or changes in the form of business organization by written
253   amendment in such form and at such time as specified by rule.
254       (a) If any person, directly or indirectly or acting by or
255   through one or more persons, proposes to purchase or acquire a
256   controlling interest in a licensee, such person or group must
257   submit an application for licensure as a money services business
258   or deferred presentment provider before such purchase or
259   acquisition at such time and in such form as prescribed by rule.
260   As used in this subsection, the term “controlling interest”
261   means the same as described in s. 560.127.
262       (b) The addition of a control person partner, officer,
263   member, joint venturer, director, controlling shareholder, or
264   responsible person of the applicant who does not have a
265   controlling interest and who has not previously complied with
266   the applicable provisions of ss. 560.1401 and 560.141 is subject
267   to such provisions. If the office determines that the licensee
268   does not continue to meet the licensure requirements, the office
269   may bring an administrative action in accordance with s. 560.114
270   to enforce the provisions of this chapter.
271       (c) The commission shall adopt rules providing for the

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272   waiver of the license application required by this subsection if
273   the person or group of persons proposing to purchase or acquire
274   a controlling interest in a licensee has previously complied
275   with the applicable provisions of ss. 560.1401 and 560.141 under
276   the same legal entity or is currently licensed under this
277   chapter.
278       Section 5. Section 560.127, Florida Statutes, is repealed.
279       Section 6. Paragraphs (a) and (c) of subsection (1) of
280   section 560.141, Florida Statutes, are amended to read:
281       560.141 License application.—
282       (1) To apply for a license as a money services business
283   under this chapter, the applicant must submit:
284       (a) An application to the office on forms prescribed by
285   rule which includes the following information:
286       1. The legal name and address of the applicant, including
287   any fictitious or trade names used by the applicant in the
288   conduct of its business.
289       2. The date of the applicant’s formation and the state in
290   which the applicant was formed, if applicable.
291       3. The name, social security number, alien identification
292   or taxpayer identification number, business and residence
293   addresses, and employment history for the past 5 years for each
294   control person officer, director, responsible person, the
295   compliance officer, each controlling shareholder, and any other
296   person who has a controlling interest in the money services
297   business as provided in s. 560.127.
298       4. A description of the organizational structure of the
299   applicant, including the identity of any parent or subsidiary of
300   the applicant, and the disclosure of whether any parent or

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301   subsidiary is publicly traded.
302       5. The applicant’s history of operations in other states if
303   applicable and a description of the money services business or
304   deferred presentment provider activities proposed to be
305   conducted by the applicant in this state.
306       6. If the applicant or its parent is a publicly traded
307   company, copies of all filings made by the applicant with the
308   United States Securities and Exchange Commission, or with a
309   similar regulator in a country other than the United States,
310   within the preceding year.
311       7. The location at which the applicant proposes to
312   establish its principal place of business and any other
313   location, including branch offices and authorized vendors
314   operating in this state. For each branch office and each
315   location of an authorized vendor, the applicant shall include
316   the nonrefundable fee required by s. 560.143.
317       8. The name and address of the clearing financial
318   institution or financial institutions through which the
319   applicant’s payment instruments are drawn or through which the
320   payment instruments are payable.
321       9. The history of the applicant’s material litigation,
322   criminal convictions, pleas of nolo contendere, and cases of
323   adjudication withheld.
324       10. The history of material litigation, arrests, criminal
325   convictions, pleas of nolo contendere, and cases of adjudication
326   withheld for each control executive officer, director,
327   controlling shareholder, and responsible person.
328       11. The name of the registered agent in this state for
329   service of process unless the applicant is a sole proprietor.

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330       12. Any other information specified in this chapter or by
331   rule.
332       (c) Fingerprints for each person listed in subparagraph
333   (a)3. for live-scan processing in accordance with rules adopted
334   by the commission.
335       1. The fingerprints may be submitted through a third-party
336   vendor authorized by the Department of Law Enforcement to
337   provide live-scan fingerprinting.
338       2. The Department of Law Enforcement must conduct the state
339   criminal history background check, and a federal criminal
340   history background check must be conducted through the Federal
341   Bureau of Investigation.
342       3. All fingerprints submitted to the Department of Law
343   Enforcement must be submitted electronically and entered into
344   the statewide automated fingerprint identification system
345   established in s. 943.05(2)(b) and available for use in
346   accordance with s. 943.05(2)(g) and (h). The office shall pay an
347   annual fee to the Department of Law Enforcement to participate
348   in the system and shall inform the Department of Law Enforcement
349   of any person whose fingerprints no longer must be retained.
350       4. The costs of fingerprint processing, including the cost
351   of retaining the fingerprints, shall be borne by the person
352   subject to the background check.
353       5. The office shall review the results of the state and
354   federal criminal history background checks and determine whether
355   the applicant meets licensure requirements.
356       6. For purposes of this paragraph, fingerprints are not
357   required to be submitted if the applicant is a publicly traded
358   corporation or is exempted from this chapter under s.

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359   560.104(1). The term “publicly traded” means a stock is
360   currently traded on a national securities exchange registered
361   with the federal Securities and Exchange Commission or traded on
362   an exchange in a country other than the United States regulated
363   by a regulator equivalent to the Securities and Exchange
364   Commission and the disclosure and reporting requirements of such
365   regulator are substantially similar to those of the commission.
366       7. Licensees initially approved before October 1, 2013, who
367   are seeking renewal must submit fingerprints for each person
368   listed in subparagraph (a)3. for live-scan processing pursuant
369   to this paragraph. Such fingerprints must be submitted before
370   renewing a license that is scheduled to expire between April 30,
371   2014, and December 31, 2015.
372       Section 7. Subsection (1) of section 560.143, Florida
373   Statutes, is amended to read:
374       560.143 Fees.—
375       (1) LICENSE APPLICATION FEES.—The applicable non-refundable
376   fees must accompany an application for licensure:
377       (a) Part II............................................$375.
378       (b) Part III...........................................$188.
379       (c) Per branch office...................................$38.
380       (d) For each location of an authorized
381   vendor.......................................................$38.
382       (e) Declaration as a deferred presentment
383   provider..................................................$1,000.
384       (f) Fingerprint retention fees as prescribed by rule.
385       (g) License application fees for branch offices and
386   authorized vendors are limited to $20,000 when such fees are
387   assessed as a result of a change in controlling interest as

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388   defined in s. 560.127.
389       Section 8. For the purpose of incorporating the amendments
390   made by this act to sections 560.118 and 560.141, Florida
391   Statutes, in references thereto, paragraph (a) of subsection (4)
392   of section 559.952, Florida Statutes, is reenacted to read:
393       559.952 Financial Technology Sandbox.—
394       (4) EXCEPTIONS TO GENERAL LAW AND WAIVERS OF RULE
395   REQUIREMENTS.—
396       (a) Notwithstanding any other law, upon approval of a
397   Financial Technology Sandbox application, the following
398   provisions and corresponding rule requirements are not
399   applicable to the licensee during the sandbox period:
400       1. Section 516.03(1), except for the application fee, the
401   investigation fee, the requirement to provide the social
402   security numbers of control persons, evidence of liquid assets
403   of at least $25,000, and the office’s authority to investigate
404   the applicant’s background. The office may prorate the license
405   renewal fee for an extension granted under subsection (7).
406       2. Section 516.05(1) and (2), except that the office shall
407   investigate the applicant’s background.
408       3. Section 560.109, only to the extent that the section
409   requires the office to examine a licensee at least once every 5
410   years.
411       4. Section 560.118(2).
412       5. Section 560.125(1), only to the extent that the
413   subsection would prohibit a licensee from engaging in the
414   business of a money transmitter or payment instrument seller
415   during the sandbox period.
416       6. Section 560.125(2), only to the extent that the

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417   subsection would prohibit a licensee from appointing an
418   authorized vendor during the sandbox period. Any authorized
419   vendor of such a licensee during the sandbox period remains
420   liable to the holder or remitter.
421          7. Section 560.128.
422          8. Section 560.141, except for s. 560.141(1)(a)1., 3., 7.-
423   10. and (b), (c), and (d).
424          9. Section 560.142(1) and (2), except that the office may
425   prorate, but may not entirely eliminate, the license renewal
426   fees in s. 560.143 for an extension granted under subsection
427   (7).
428          10. Section 560.143(2), only to the extent necessary for
429   proration of the renewal fee under subparagraph 9.
430          11. Section 560.204(1), only to the extent that the
431   subsection would prohibit a licensee from engaging in, or
432   advertising that it engages in, the selling or issuing of
433   payment instruments or in the activity of a money transmitter
434   during the sandbox period.
435          12. Section 560.205(2).
436          13. Section 560.208(2).
437          14. Section 560.209, only to the extent that the office may
438   modify, but may not entirely eliminate, the net worth, corporate
439   surety bond, and collateral deposit amounts required under that
440   section. The modified amounts must be in such lower amounts that
441   the office determines to be commensurate with the factors under
442   paragraph (5)(c) and the maximum number of consumers authorized
443   to receive the financial product or service under this section.
444          Section 9. For the purpose of incorporating the amendment
445   made by this act to section 560.141, Florida Statutes, in a

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446   reference thereto, paragraph (c) of subsection (2) of section
447   560.114, Florida Statutes, is reenacted to read:
448       560.114 Disciplinary actions; penalties.—
449       (2) Pursuant to s. 120.60(6), the office may summarily
450   suspend the license of a money services business if the office
451   finds that a licensee poses an immediate, serious danger to the
452   public health, safety, and welfare. A proceeding in which the
453   office seeks the issuance of a final order for the summary
454   suspension of a licensee shall be conducted by the commissioner
455   of the office, or his or her designee, who shall issue such
456   order. The following acts are deemed to constitute an immediate
457   and serious danger to the public health, safety, and welfare,
458   and the office may immediately suspend the license of a money
459   services business if:
460       (c) A natural person required to be listed on the license
461   application for a money services business pursuant to s.
462   560.141(1)(a)3. is criminally charged with, or arrested for, a
463   crime described in paragraph (1)(o), paragraph (1)(p), or
464   paragraph(1)(q).
465       Section 10. This act shall take effect October 1, 2022.
466
467   ================= T I T L E   A M E N D M E N T ================
468   And the title is amended as follows:
469       Delete everything before the enacting clause
470   and insert:
471                           A bill to be entitled
472       An act relating to money services businesses; amending
473       s. 560.103, F.S.; defining the terms “control person”
474       and “publicly traded”; revising and deleting

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475       definitions; amending s. 560.118, F.S.; providing that
476       a rule may require certain reports to the Office of
477       Financial Regulation to contain declarations by
478       control persons, rather than officers or other
479       responsible persons; amending s. 560.123, F.S.;
480       providing that control persons, rather than officers,
481       are not liable for loss or damages under certain
482       circumstances; amending s. 560.126, F.S.; requiring
483       licensees to report changes in control persons, rather
484       than certain other entities or persons; deleting a
485       requirement for certain persons to submit a licensure
486       application under certain circumstances; deleting the
487       definition of the term “controlling interest”;
488       providing that the addition of a control person,
489       rather than certain other entities or persons, is
490       subject to certain requirements; deleting a
491       requirement for the Financial Services Commission to
492       adopt rules; repealing s. 560.127, F.S., relating to
493       control of a money services business; amending s.
494       560.141, F.S.; revising requirements for applications
495       for licensure as a money services business; deleting
496       the definition of the term “publicly traded”; deleting
497       obsolete language; amending s. 560.143, F.S.; removing
498       a limitation on specified license application fees
499       under certain circumstances; reenacting s.
500       559.952(4)(a), F.S., relating to the Financial
501       Technology Sandbox, to incorporate the amendments made
502       to ss. 560.118 and 560.141, F.S., in references
503       thereto; reenacting s. 560.114(2)(c), F.S., relating

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504       to disciplinary actions and penalties, to incorporate
505       the amendment made to s. 560.141, F.S., in a reference
506       thereto; providing an effective date.




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       By the Committee on Banking and Insurance; and Senator Boyd




       597-02091-22                                              20221536c1          597-02091-22                                                 20221536c1
 1                             A bill to be entitled                          30             in references thereto; reenacting s. 560.114(2)(c),
 2          An act relating to money services businesses; amending            31             F.S., relating to license applications for money
 3          s. 560.103, F.S.; defining the terms “control person”             32             services businesses, to incorporate the amendments
 4          and “publicly traded”; revising and deleting                      33             made to s. 560.141, F.S., in a reference thereto;
 5          definitions; amending s. 560.118, F.S.; providing that            34             providing an effective date.
 6          a rule may require reports to contain declarations by             35
 7          control persons, rather than officers or other                    36     Be It Enacted by the Legislature of the State of Florida:
 8          responsible persons; amending s. 560.123, F.S.;                   37
 9          providing that control persons, rather than officers,             38             Section 1. Section 560.103, Florida Statutes, is amended to
10          are not liable for loss or damages under certain                  39     read:
11          circumstances; amending s. 560.126, F.S.; requiring               40             560.103 Definitions.—As used in this chapter, the term:
12          licensees to report changes in control persons, rather            41             (1) “Affiliated party” means a control director, officer,
13          than certain other entities or persons; deleting a                42     responsible person, employee, or foreign affiliate of a money
14          requirement for certain persons to submit a licensure             43     services business, or a person who has a controlling interest in
15          application under certain circumstances; deleting the             44     a money services business as provided in s. 560.127.
16          definition of the term “controlling interest”;                    45             (2) “Appropriate regulator” means a state, federal, or
17          providing that the addition of a control person,                  46     foreign agency that has been granted authority to enforce state,
18          rather than certain other entities or persons, is                 47     federal, or foreign laws related to a money services business or
19          subject to certain requirements; deleting a                       48     deferred presentment provider.
20          requirement for the commission to adopt rules;                    49             (3) “Authorized vendor” means a person designated by a
21          repealing s. 560.127, F.S., relating to control of a              50     money services business licensed under part II of this chapter
22          money services business; amending s. 560.141, F.S.;               51     to act on behalf of the licensee at locations in this state
23          revising requirements for applications for licensure              52     pursuant to a written contract with the licensee.
24          as a money services business; amending s. 560.143,                53             (4) “Branch office” means the physical location, other than
25          F.S.; revising a limitation for certain fees to apply             54     the principal place of business, of a money services business
26          to a change in control, rather than in a controlling              55     operated by a licensee under this chapter.
27          interest; reenacting s. 559.952(4)(a), F.S., relating             56             (5) “Cashing” means providing currency for payment
28          to the Financial Technology Sandbox, to incorporate               57     instruments except for travelers checks.
29          the amendments made to ss. 560.118 and 560.141, F.S.,             58             (6) “Check casher” means a person who sells currency in

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       597-02091-22                                             20221536c1           597-02091-22                                           20221536c1
59     exchange for payment instruments received, except travelers            88          (b) For a corporation not publicly traded, each shareholder
60     checks.                                                                89     that, directly or indirectly, owns 25 percent or more or that
61          (7) “Commission” means the Financial Services Commission.         90     has the power to vote 25 percent or more of a class of voting
62          (8) “Compliance officer” means the individual in charge of        91     securities. For purposes of this paragraph, the term “publicly
63     overseeing, managing, and ensuring that a money services               92     traded” means a stock currently traded on a national securities
64     business is in compliance with all state and federal laws and          93     exchange registered with the Securities and Exchange Commission
65     rules relating to money services businesses, as applicable,            94     or traded on an exchange in a country other than the United
66     including all money laundering laws and rules.                         95     States regulated by a regulator equivalent to the Securities and
67          (9) “Conductor” means a natural person who presents himself       96     Exchange Commission and the disclosure and reporting
68     or herself to a licensee for purposes of cashing a payment             97     requirements of such regulator are substantially similar to
69     instrument.                                                            98     those of the commission.
70          (10) “Control person” means:                                      99          (c) For a partnership, all general partners and limited or
71          (a) A person who possesses the power, directly or                100     special partners that have contributed 25 percent or more or
72     indirectly, to direct the management or policies of a money           101     that have the right to receive, upon dissolution, 25 percent or
73     services business, whether through ownership of securities, by        102     more of the partnership’s capital.
74     contract, or through other means, and regardless of whether such      103          (d) For a trust, each trustee.
75     person has an official title or receives a salary or other            104          (e) For a limited liability company, all managers and those
76     compensation. The following persons are each presumed to be a         105     members that have contributed 25 percent or more or that have
77     control person:                                                       106     the right to receive, upon dissolution, 25 percent or more of
78          1. The president, chief executive officer, chief financial       107     the limited liability company’s capital account.
79     officer, chief operations officer, chief legal officer, and           108          (11)(10) “Corporate payment instrument” means a payment
80     chief compliance officer.                                             109     instrument on which the payee named on the instrument’s face is
81          2. A person holding any of the officer positions named by        110     other than a natural person.
82     the money services business’s governing documents.                    111          (12)(11) “Currency” means the coin and paper money of the
83          3. A person holding any position named by the money              112     United States or of any other country which is designated as
84     services business’s directors and officers liability insurance        113     legal tender and which circulates and is customarily used and
85     coverage, if the business has such coverage; and                      114     accepted as a medium of exchange in the country of issuance.
86          4. A director of the money services business’s board of          115     Currency includes United States silver certificates, United
87     directors.                                                            116     States notes, and Federal Reserve notes. Currency also includes

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        597-02091-22                                             20221536c1           597-02091-22                                               20221536c1
117     official foreign bank notes that are customarily used and             146           (b) An expression of opinion regarding whether the
118     accepted as a medium of exchange in a foreign country.                147     financial statements are presented in conformity with accounting
119          (13)(12) “Deferred presentment provider” means a person who      148     principles generally accepted in the United States, or an
120     is licensed under part II or part III of this chapter and has         149     assertion to the effect that such an opinion cannot be expressed
121     filed a declaration of intent with the office to engage in            150     and the reasons.
122     deferred presentment transactions as provided under part IV of        151           (17)(16) “Foreign affiliate” means a person located outside
123     this chapter.                                                         152     this state who has been designated by a licensee to make
124          (14)(13) “Department” means the Department of Financial          153     payments on behalf of the licensee to persons who reside outside
125     Services.                                                             154     this state. The term also includes a person located outside of
126          (15)(14) “Electronic instrument” means a card, tangible          155     this state for whom the licensee has been designated to make
127     object, or other form of electronic payment for the transmission      156     payments in this state.
128     or payment of money or the exchange of monetary value, including      157           (18)(17) “Foreign currency exchanger” means a person who
129     a stored value card or device that contains a microprocessor          158     exchanges, for compensation, currency of the United States or a
130     chip, magnetic stripe, or other means for storing information;        159     foreign government to currency of another government.
131     that is prefunded; and for which the value is decremented upon        160           (19)(18) “Fraudulent identification paraphernalia” means
132     each use.                                                             161     all equipment, products, or materials of any kind that are used,
133          (16)(15) “Financial audit report” means a report prepared        162     intended for use, or designed for use in the misrepresentation
134     in connection with a financial audit that is conducted in             163     of a customer’s identity. The term includes, but is not limited
135     accordance with generally accepted auditing standards prescribed      164     to:
136     by the American Institute of Certified Public Accountants by a        165           (a) A signature stamp, thumbprint stamp, or other tool or
137     certified public accountant licensed to do business in the            166     device used to forge a customer’s personal identification
138     United States, and which must include:                                167     information.
139          (a) Financial statements, including notes related to the         168           (b) An original of any type of personal identification
140     financial statements and required supplementary information,          169     listed in s. 560.310(2)(b) which is blank, stolen, or unlawfully
141     prepared in conformity with accounting principles generally           170     issued.
142     accepted in the United States. The notes must, at a minimum,          171           (c) A blank, forged, fictitious, or counterfeit instrument
143     include detailed disclosures regarding receivables that are           172     in the similitude of any type of personal identification listed
144     greater than 90 days, if the total amount of such receivables         173     in s. 560.310(2)(b) which would in context lead a reasonably
145     represents more than 2 percent of the licensee’s total assets.        174     prudent person to believe that such instrument is an authentic

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        597-02091-22                                              20221536c1           597-02091-22                                              20221536c1
175     original of such personal identification.                              204          (26)(25) “Office” means the Office of Financial Regulation
176          (d) Counterfeit, fictitious, or fabricated information in         205     of the commission.
177     the similitude of a customer’s personal identification                 206          (26) “Officer” means an individual, other than a director,
178     information that, although not authentic, would in context lead        207     who participates in, or has authority to participate in, the
179     a reasonably prudent person to credit its authenticity.                208     major policymaking functions of a money services business,
180          (20)(19) “Licensee” means a person licensed under this            209     regardless of whether the individual has an official title or
181     chapter.                                                               210     receives a salary or other compensation.
182          (21)(20) “Location” means a branch office, mobile location,       211          (27) “Outstanding money transmission” means a money
183     or location of an authorized vendor whose business activity is         212     transmission to a designated recipient or a refund to a sender
184     regulated under this chapter.                                          213     that has not been completed.
185          (22)(21) “Monetary value” means a medium of exchange,             214          (28) “Outstanding payment instrument” means an unpaid
186     whether or not redeemable in currency.                                 215     payment instrument whose sale has been reported to a licensee.
187          (23)(22) “Money services business” means any person located       216          (29) “Payment instrument” means a check, draft, warrant,
188     in or doing business in this state, from this state, or into           217     money order, travelers check, electronic instrument, or other
189     this state from locations outside this state or country who acts       218     instrument, payment of money, or monetary value whether or not
190     as a payment instrument seller, foreign currency exchanger,            219     negotiable. The term does not include an instrument that is
191     check casher, or money transmitter.                                    220     redeemable by the issuer in merchandise or service, a credit
192          (24)(23) “Money transmitter” means a corporation, limited         221     card voucher, or a letter of credit.
193     liability company, limited liability partnership, or foreign           222          (30) “Payment instrument seller” means a corporation,
194     entity qualified to do business in this state which receives           223     limited liability company, limited liability partnership, or
195     currency, monetary value, or payment instruments for the purpose       224     foreign entity qualified to do business in this state which
196     of transmitting the same by any means, including transmission by       225     sells a payment instrument.
197     wire, facsimile, electronic transfer, courier, the Internet, or        226          (31) “Person” means an individual, partnership,
198     through bill payment services or other businesses that                 227     association, trust, corporation, limited liability company, or
199     facilitate such transfer within this country, or to or from this       228     other group, however organized, but does not include a public
200     country.                                                               229     agency or instrumentality thereof.
201          (25)(24) “Net worth” means assets minus liabilities,              230          (32) “Personal identification information” means a
202     determined in accordance with United States generally accepted         231     customer’s name that, alone or together with any of the
203     accounting principles.                                                 232     following information, may be used to identify that specific

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        597-02091-22                                              20221536c1           597-02091-22                                             20221536c1
233     customer:                                                              262            560.123 Florida Control of Money Laundering in Money
234          (a) Customer’s signature.                                         263     Services Business Act.—
235          (b) Photograph, digital image, or other likeness of the           264            (3) A money services business shall keep a record of each
236     customer.                                                              265     financial transaction occurring in this state which it knows to
237          (c) Unique biometric data, such as the customer’s                 266     involve currency or other payment instrument, as prescribed by
238     thumbprint or fingerprint, voice print, retina or iris image, or       267     the commission, having a value greater than $10,000; to involve
239     other unique physical representation of the customer.                  268     the proceeds of specified unlawful activity; or to be designed
240          (33) “Responsible person” means an individual who is              269     to evade the reporting requirements of this section or chapter
241     employed by or affiliated with a money services business and who       270     896. The money services business must maintain appropriate
242     has principal active management authority over the business            271     procedures to ensure compliance with this section and chapter
243     decisions, actions, and activities of the money services               272     896.
244     business in this state.                                                273            (d) A money services business, or control person officer,
245          (33)(34) “Sells” means to sell, issue, provide, or deliver.       274     employee, or agent thereof, that files a report in good faith
246          (34)(35) “Stored value” means funds or monetary value             275     pursuant to this section is not liable to any person for loss or
247     represented in digital electronic format, whether or not               276     damage caused in whole or in part by the making, filing, or
248     specially encrypted, and stored or capable of storage on               277     governmental use of the report, or any information contained
249     electronic media in such a way as to be retrievable and                278     therein.
250     transferred electronically.                                            279            Section 4. Subsection (3) of section 560.126, Florida
251          Section 2. Subsection (2) of section 560.118, Florida             280     Statutes, is amended to read:
252     Statutes, is amended to read:                                          281            560.126 Required notice by licensee.—
253          560.118 Reports.—                                                 282            (3) Each licensee must report any change in the control
254          (2) Each licensee must submit quarterly reports to the            283     partners, officers, members, joint venturers, directors,
255     office in a format and include information as specified by rule.       284     controlling shareholders, or responsible persons of the licensee
256     The rule may require the report to contain a declaration by a          285     or changes in the form of business organization by written
257     control an officer, or any other responsible person authorized         286     amendment in such form and at such time as specified by rule.
258     to make such declaration, that the report is true and correct to       287            (a) If any person, directly or indirectly or acting by or
259     the best of her or his knowledge and belief.                           288     through one or more persons, proposes to purchase or acquire a
260          Section 3. Paragraph (d) of subsection (3) of section             289     controlling interest in a licensee, such person or group must
261     560.123, Florida Statutes, is amended to read:                         290     submit an application for licensure as a money services business

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        597-02091-22                                              20221536c1           597-02091-22                                              20221536c1
291     or deferred presentment provider before such purchase or               320     any fictitious or trade names used by the applicant in the
292     acquisition at such time and in such form as prescribed by rule.       321     conduct of its business.
293     As used in this subsection, the term “controlling interest”            322          2. The date of the applicant’s formation and the state in
294     means the same as described in s. 560.127.                             323     which the applicant was formed, if applicable.
295          (b) The addition of a control person partner, officer,            324          3. The name, social security number, alien identification
296     member, joint venturer, director, controlling shareholder, or          325     or taxpayer identification number, business and residence
297     responsible person of the applicant who does not have a                326     addresses, and employment history for the past 5 years for each
298     controlling interest and who has not previously complied with          327     control person officer, director, responsible person, the
299     the applicable provisions of ss. 560.1401 and 560.141 is subject       328     compliance officer, each controlling shareholder, and any other
300     to such provisions. If the office determines that the licensee         329     person who has a controlling interest in the money services
301     does not continue to meet the licensure requirements, the office       330     business as provided in s. 560.127.
302     may bring an administrative action in accordance with s. 560.114       331          4. A description of the organizational structure of the
303     to enforce the provisions of this chapter.                             332     applicant, including the identity of any parent or subsidiary of
304          (c) The commission shall adopt rules providing for the            333     the applicant, and the disclosure of whether any parent or
305     waiver of the license application required by this subsection if       334     subsidiary is publicly traded.
306     the person or group of persons proposing to purchase or acquire        335          5. The applicant’s history of operations in other states if
307     a controlling interest in a licensee has previously complied           336     applicable and a description of the money services business or
308     with the applicable provisions of ss. 560.1401 and 560.141 under       337     deferred presentment provider activities proposed to be
309     the same legal entity or is currently licensed under this              338     conducted by the applicant in this state.
310     chapter.                                                               339          6. If the applicant or its parent is a publicly traded
311          Section 5. Section 560.127, Florida Statutes, is repealed.        340     company, copies of all filings made by the applicant with the
312          Section 6. Paragraph (a) of subsection (1) of section             341     United States Securities and Exchange Commission, or with a
313     560.141, Florida Statutes, is amended to read:                         342     similar regulator in a country other than the United States,
314          560.141 License application.—                                     343     within the preceding year.
315          (1) To apply for a license as a money services business           344          7. The location at which the applicant proposes to
316     under this chapter, the applicant must submit:                         345     establish its principal place of business and any other
317          (a) An application to the office on forms prescribed by           346     location, including branch offices and authorized vendors
318     rule which includes the following information:                         347     operating in this state. For each branch office and each
319          1. The legal name and address of the applicant, including         348     location of an authorized vendor, the applicant shall include

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        597-02091-22                                                20221536c1           597-02091-22                                              20221536c1
349     the nonrefundable fee required by s. 560.143.                            378          (g) License application fees for branch offices and
350             8. The name and address of the clearing financial                379     authorized vendors are limited to $20,000 when such fees are
351     institution or financial institutions through which the                  380     assessed as a result of a change in control controlling interest
352     applicant’s payment instruments are drawn or through which the           381     as defined in s. 560.127.
353     payment instruments are payable.                                         382          Section 8. For the purpose of incorporating the amendment
354             9. The history of the applicant’s material litigation,           383     made by this act to sections 560.118 and 560.141, Florida
355     criminal convictions, pleas of nolo contendere, and cases of             384     Statutes, in references thereto, paragraph (a) of subsection (4)
356     adjudication withheld.                                                   385     of section 559.952, Florida Statutes, is reenacted to read:
357             10. The history of material litigation, arrests, criminal        386          559.952 Financial Technology Sandbox.—
358     convictions, pleas of nolo contendere, and cases of adjudication         387          (4) EXCEPTIONS TO GENERAL LAW AND WAIVERS OF RULE
359     withheld for each control executive officer, director,                   388     REQUIREMENTS.—
360     controlling shareholder, and responsible person.                         389          (a) Notwithstanding any other law, upon approval of a
361             11. The name of the registered agent in this state for           390     Financial Technology Sandbox application, the following
362     service of process unless the applicant is a sole proprietor.            391     provisions and corresponding rule requirements are not
363             12. Any other information specified in this chapter or by        392     applicable to the licensee during the sandbox period:
364     rule.                                                                    393          1. Section 516.03(1), except for the application fee, the
365             Section 7. Subsection (1) of section 560.143, Florida            394     investigation fee, the requirement to provide the social
366     Statutes, is amended to read:                                            395     security numbers of control persons, evidence of liquid assets
367             560.143 Fees.—                                                   396     of at least $25,000, and the office’s authority to investigate
368             (1) LICENSE APPLICATION FEES.—The applicable non-refundable      397     the applicant’s background. The office may prorate the license
369     fees must accompany an application for licensure:                        398     renewal fee for an extension granted under subsection (7).
370             (a) Part II............................................$375.     399          2. Section 516.05(1) and (2), except that the office shall
371             (b) Part III...........................................$188.     400     investigate the applicant’s background.
372             (c) Per branch office...................................$38.     401          3. Section 560.109, only to the extent that the section
373             (d) For each location of an authorized                           402     requires the office to examine a licensee at least once every 5
374     vendor.......................................................$38.        403     years.
375             (e) Declaration as a deferred presentment                        404          4. Section 560.118(2).
376     provider..................................................$1,000.        405          5. Section 560.125(1), only to the extent that the
377             (f) Fingerprint retention fees as prescribed by rule.            406     subsection would prohibit a licensee from engaging in the

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407     business of a money transmitter or payment instrument seller             436     to receive the financial product or service under this section.
408     during the sandbox period.                                               437          Section 9. For the purpose of incorporating the amendment
409            6. Section 560.125(2), only to the extent that the                438     made by this act to section 560.141, Florida Statutes, in a
410     subsection would prohibit a licensee from appointing an                  439     reference thereto, paragraph (c) of subsection (2) of section
411     authorized vendor during the sandbox period. Any authorized              440     560.114, Florida Statutes, is reenacted, to read:
412     vendor of such a licensee during the sandbox period remains              441          560.114 Disciplinary actions; penalties.—
413     liable to the holder or remitter.                                        442          (2) Pursuant to s. 120.60(6), the office may summarily
414            7. Section 560.128.                                               443     suspend the license of a money services business if the office
415            8. Section 560.141, except for s. 560.141(1)(a)1., 3., 7.-        444     finds that a licensee poses an immediate, serious danger to the
416     10. and (b), (c), and (d).                                               445     public health, safety, and welfare. A proceeding in which the
417            9. Section 560.142(1) and (2), except that the office may         446     office seeks the issuance of a final order for the summary
418     prorate, but may not entirely eliminate, the license renewal             447     suspension of a licensee shall be conducted by the commissioner
419     fees in s. 560.143 for an extension granted under subsection             448     of the office, or his or her designee, who shall issue such
420     (7).                                                                     449     order. The following acts are deemed to constitute an immediate
421            10. Section 560.143(2), only to the extent necessary for          450     and serious danger to the public health, safety, and welfare,
422     proration of the renewal fee under subparagraph 9.                       451     and the office may immediately suspend the license of a money
423            11. Section 560.204(1), only to the extent that the               452     services business if:
424     subsection would prohibit a licensee from engaging in, or                453          (c) A natural person required to be listed on the license
425     advertising that it engages in, the selling or issuing of                454     application for a money services business pursuant to s.
426     payment instruments or in the activity of a money transmitter            455     560.141(1)(a)3. is criminally charged with, or arrested for, a
427     during the sandbox period.                                               456     crime described in paragraph (1)(o), paragraph (1)(p), or
428            12. Section 560.205(2).                                           457     paragraph(1)(q).
429            13. Section 560.208(2).                                           458          Section 10. This act shall take effect October 1, 2022.
430            14. Section 560.209, only to the extent that the office may
431     modify, but may not entirely eliminate, the net worth, corporate
432     surety bond, and collateral deposit amounts required under that
433     section. The modified amounts must be in such lower amounts that
434     the office determines to be commensurate with the factors under
435     paragraph (5)(c) and the maximum number of consumers authorized

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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 1928
INTRODUCER:       Senator Hooper
SUBJECT:          Household Moving Services
DATE:             January 28, 2022                REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Harmsen                            McKay                                 CM              Favorable
2.                                                                          CJ
3.                                                                          RC



    I.    Summary:

          SB 1928 broadens protections for consumers who use intrastate moving services by:
           Providing for a required insurance protection plan for shippers’ moved goods;
           Requiring a binding estimate of the cost of services to be provided by the mover; and
           Clarifying what payment a mover can demand prior to returning the moved goods to the
             shipper.

          The bill provides an effective date of July 1, 2022.

    II.   Present Situation:

          Moving Scams

          The Better Business Bureau has seen a marked increase in complaints and negative reviews
          about movers in recent years, as shown in the table below.1

           Year                           Complaints                        Reviews                           Total
           2017                           8,274                             2,523                             10,797
           2018                           11,600                            3,296                             14,896
           2019                           10,132                            3,193                             13,424

          One frequent moving scam involves an initial low-ball estimate (usually provided without an in-
          person visit to review the belongings that need to be moved) that turns into a demand for a much



1
 Better Business Bureau, Know Your Mover: BBB Study Reveals Scammers Price Gouge, Take Belongings Hostage, and
Destroy Goods (Jun. 30, 2020), https://www.bbb.org/article/news-releases/22659-know-your-mover-bbb-study-reveals-
scammers-price-gouge-take-belongings-hostage-and-destroy-goods (last visited Jan. 28, 2022).
BILL: SB 1928                                                                                                     Page 2

        higher price once all of the household belongings are on the moving truck and awaiting delivery.
        The truck driver can simply drive away if the consumer refuses to pay the higher price.2,3

        Another scam requires the shipper to sign a blank or incomplete estimate or contract, which
        results in a higher than expected price demanded at the time of delivery.4

        Florida (Intrastate) Mover Regulations

        Chapter 507, F.S., governs the loading, transportation, shipment, unloading, and affiliated
        storage of household goods as part of intrastate household moves. The chapter applies to any
        mover or moving broker engaged in intrastate transportation or shipment of household goods that
        originates and terminates in Florida.5 These regulations co-exist with federal law, which governs
        interstate moving of household goods.6

        A “mover” is a person who, for compensation, contracts for or engages in the loading,
        transportation, shipment, or unloading of household goods as part of a household move.7 A
        “moving broker” arranges for another person to load, transport, ship, or unload household goods
        as part of a household move or who refers a shipper to a mover by telephone, postal, or
        electronic mail, website, or other means.8

        Movers and moving brokers who do business in Florida must register annually with the
        Department of Agriculture and Consumer Services (Department).9 As of January 28, 2022, there
        were 1,398 movers and 35 moving brokers with active Florida registrations.10 In order to obtain a
        registration certificate, the mover or moving broker must file an application, pay a $300 annual
        registration fee, and meet certain statutory qualifications, including proof of insurance
        coverage.11

        Insurance Coverage and Liability Limitations

        Movers and moving brokers must maintain liability and motor vehicle insurance. A mover who
        operates more than two vehicles is required to maintain liability insurance of at least $10,000 per
        shipment, and not less than 60 cents per pound, per article.12 Movers who operate fewer than two

2
  Id.
3
  See, e.g., Jackie Callaway, Record Number of People File Complaints About Florida Movers in 2021; BBB rates 1,300
Companies ‘F’, (Dec. 2, 2021), https://www.abcactionnews.com/money/consumer/taking-action-for-you/record-number-of-
people-file-complaints-about-florida-movers-in-2021-bbb-rates-1-300-companies-f (last visited Jan. 28, 2022).
4
  Florida Attorney General’s Office, Scams at a Glance: On the Move, http://myfloridalegal.com/webfiles.nsf/WF/TDGT-
BYLQQL/$file/Movers_Scams+at+a+Glance_English.pdf (last visited Jan. 28, 2022).
5
  Section 507.02, F.S.
6
  Interstate movers in the U.S. must be licensed by the Department of Transportation’s Federal Motor Carrier Safety
Administration (FMCSA).
7
  Section 507.01(9), F.S.
8
  Section 507.01(10), F.S.
9
  Florida Department of Agriculture and Consumer Services (FDACS), Moving Companies: Who has to Register?,
https://www.fdacs.gov/Business-Services/Moving-Companies (last visited Jan. 28, 2022).
10
   FDACS, License/Complaint Lookup, https://csapp.fdacs.gov/cspublicapp/businesssearch/businesssearch.aspx (last visited
Jan. 28, 2022). Search by “program.”
11
   Section 507.03, F.S.
12
   Section 507.04(1)(a)1. and 507.04(4), F.S.
BILL: SB 1928                                                                                                Page 3

        vehicles are required only to carry either a $25,000 performance bond or a $25,000 certificate of
        deposit in lieu of liability insurance.13

        Any contractual limitation to a mover’s liability for loss incurred to a shipper’s goods must be
        disclosed in writing to the shipper, along with the valuation rate, but a mover’s attempt to limit
        its liability beyond the minimum 60 cents per pound, per article rate is void under s. 507.04(4),
        F.S. If the mover offers valuation insurance, it must inform the shipper of the opportunity to
        purchase valuation coverage to compensate the shipper for household goods that are lost or
        damaged during a household move prior to execution of the contract for moving services.14

        Violations and Penalties

        Section 507.05, F.S., requires an intrastate mover to provide an estimate and contract to the
        shipper before commencing the move. Should a dispute arise over payment or costs, s. 507.06,
        F.S., provides that the mover may place the shipper’s goods in a storage unit until payment is
        tendered. Because of ambiguity regarding what payment may legally be demanded, some
        shippers have been taken advantage of by deceptive or fraudulent moving practices. Often,
        moving fraud manifests as an increased fee assessed by the mover, who then refuses to relinquish
        the shipper’s goods until the inflated price has been paid in full.

        While administrative, civil, and criminal penalties exist in ch. 507, F.S., for such fraudulent
        moving practices and other violations, the aggrieved shipper is not guaranteed the return of his or
        her goods until after such remedies have been finalized.

        In March of 2021, the Florida Consumer Protection Division within the Office of the Attorney
        General secured four judgments against moving companies that used deceptive advertising,
        failed to provide proper estimates, failed to relinquish household goods, and failed to provide
        timely pick-up or delivery of goods in accordance with service contracts. 15

        Local Ordinances and Regulations

        Chapter 507, F.S., preempts local ordinances or regulations that relate to household moving,
        unless the local regulation was adopted prior to January 1, 2011.16 Broward,17 Miami-Dade,18




13
   Section 507.04(1)(b), F.S.
14
   Section 507.04(5), F.S.
15
   Office of the Attorney General, Attorney General Moody Shuts Down Moving Scams and Recovers Millions for Consumers
Duped by Malicious Movers (Mar. 2, 2021),
http://www.myfloridalegal.com/newsrel.nsf/newsreleases/0BFF0224649D124D8525868C005A765F?Open& (last visited
Jan. 28, 2022).
16
   Section 507.13, F.S.
17
   Broward County Government, Movers,
https://www.broward.org/Consumer/ConsumerProtection/Movers/Pages/default.aspx (last visited Jan. 28, 2022).
18
   Miami-Dade County, Moving Companies—Laws & Tips, https://www.miamidade.gov/global/economy/consumer-
protection/moving-
companies.page#:~:text=Movers%20must%20insure%20your%20property,the%20value%20of%20your%20property.&text=
The%20amount%20of%20added%20value%20you%20purchase%20is%20up%20to%20you. (last visited Jan. 28, 2022).
BILL: SB 1928                                                                                                     Page 4

        Palm Beach,19 and Pinellas20 counties currently have such ordinances. Movers or moving brokers
        whose principal place of business is located in a county or municipality with such an ordinance
        are required to register under local and state laws. State law also allows for local taxes, fees, and
        bonding related to movers and moving brokers, so long as any local registration fees are
        reasonable and do not exceed the cost of administering the ordinance or regulation.21

III.    Effect of Proposed Changes:

        Definitions and Legislative Intent

        Section 1 defines terms used in the bill, and deletes the definition of “estimate” (but provides for
        a binding estimate in later sections). Additionally, “personal laborers” who assist shippers
        exclusively with the loading or unloading of their household goods are excluded from the
        definition of “mover.”

        Section 2 provides that the bill is intended to provide consistency and transparency in moving
        practices and to create a presumption that movers will educate uniformed shippers.

        Mover Registration

        Section 3 amends s. 507.03, F.S., to explicitly state the criminal convictions (or pending
        criminal, administrative, or enforcement proceedings) upon which the Department may deny,
        refuse to renew, or revoke a mover or moving broker’s registration. These criminal actions
        include crimes that involve fraud, theft, larceny embezzlement, or fraudulent conversion or
        misappropriation of property, or crimes that arise from conduct during a movement of household
        goods.

        Insurance Requirement

        Section 4 amends the insurance requirements in s. 507.04, F.S. The bill requires movers to
        maintain current and valid cargo liability insurance coverage. The bill also removes the 60 cents
        per pound, per article minimum liability insurance requirement for the loss or damage of
        household goods, but adds a requirement that a mover place valuation coverage22 equal to the
        cost of repair or replacement of the shipper’s goods, unless the shipper waives such coverage by
        signed or electronic acknowledgement in the moving contract. Valuation coverage can be more
        valuable to shippers than liability insurance in instances of loss of relatively light items, e.g.,
        electronics, are lost or damaged during the move because they will be insured based on their
        value rather than their weight.



19
   Palm Beach County, Moving, https://discover.pbcgov.org/publicsafety/consumeraffairs/pages/moving.aspx (last visited
Jan. 28, 2022).
20
   Pinellas County, Moving, https://www.pinellascounty.org/consumer/moving.htm (last visited Jan. 28, 2022).
21
   Section 507.13, F.S.
22
   Valuation coverage will only cover loss caused by the mover’s fault, whereas moving coverage, available through an
insurance agent, will cover loss caused by “acts of God.” Federal Motor Carrier Safety Administration, Your Rights and
Responsibilities When You Move, 6-8 (2013), https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Rights-and-
Responsibilities-2013.pdf (last visited Jan. 28, 2022).
BILL: SB 1928                                                                                    Page 5

      Before the Move

      Section 7 creates s, 507.055, F.S., which requires a mover to provide a prospective shipper with
      an informational publication (see section 6) and a binding estimate (see section 5) prior to
      entering into any contract for moving services. Specifically, the mover must provide a copy of
      the binding estimate to the shipper at the time that the shipper acknowledges the binding estimate
      with his or her electronic or written signature. Additionally, the mover must keep a copy of the
      binding estimate, and any addenda thereto, for at least 1 year after each move.

      Department Publication
      Section 6 creates s. 507.054, F.S., which mandates that the Department prepare a publication
      entitled “Your Rights and Responsibilities When You Move. Furnished by Your Mover, as
      Required by Florida Law.” This booklet, distributed by movers, must:
       Describe the shipper’s and mover’s rights and responsibilities, applicable civil and criminal
          penalties, and remedies available to a shipper;
       Include a warning of the risks of shipping sentimental or family heirlooms; and
       Measure at least 36 square inches.

      The Department must make the publication available on its website. The mover must give an
      electronic or hard copy of the publication to shippers at the physical survey of their household
      goods, or before contracting for the household move. The shipper must acknowledge receipt of
      this publication by electronic or signed acknowledgement in the contract.

      Binding Estimate
      The binding estimate, described in section 5 of the bill, must be based on the mover’s physical
      survey of the household goods to be moved. In addition, it must:
       Be provided to the shipper before the execution of a contract for services, and at least 48
          hours before the move. However, this 48-hour period may be waived if the shipper’s initial
          contact with the mover is within the 48-hours prior to the requested move;
       Include at least an itemized total cost for the loading, transport or shipment, and unloading of
          household goods and accessorial services;
       Provide a table of measures used by the mover in preparing the estimate;
       Evince the date the estimate was prepared and the proposed date of the move;
       State that the estimate is binding on the mover and shipper;
       Identify accepted forms of payment; and
       Bear the signature, in either written or electronic format, of both parties.

      Amendment of the Binding Estimate
      A binding estimate can only be amended if:
       The shipper tenders additional household goods, requests additional services, or requires
         services that are not specifically included in the original binding estimate;
       The mover advises the shipper in advance of performance of the contract that impracticable
         operations are required to perform the move; or
       The mover and shipper mutually agree.
BILL: SB 1928                                                                                       Page 6

      The shipper and mover must formalize in writing any amendment to the binding estimate that
      results either from additional services requested by the shipper, or impracticable operations. In
      both instances, the mover must provide a description of the additional services required as a
      result of the shipper’s request or impracticable operations and afford the shipper at least 1 hour to
      consider the addendum before being required to sign. The mover must maintain any such
      addenda for at least 1 year after the document was prepared as an attachment to the contract for
      service.

      The mover can require the shipper to pay these additional costs agreed to as a result of the
      shipper’s additional requests at the destination. If the shipper refuses to execute the addendum,
      the mover may refuse to perform the additional services.

      If the mover and shipper agreed to an addendum as a result of impracticable operations, the
      mover must bill the shipper for the additional costs within 15 days of the delivery. If the shipper
      does not agree to pay the additional charges associated with the impracticable operations, the
      mover must perform the services and bill the shipper; it is the mover’s burden to show that these
      impracticable operations were required to properly perform the move.

      If the mover begins to load the household goods onto the moving truck, it cannot execute a new
      binding estimate and must abide by the terms of the original binding estimate.

      Waiver of the Binding Estimate
      A shipper may waive the binding estimate only if he or she does so by electronic or signed
      acknowledgement outside of the 48-hour period before his or her household goods are loaded by
      the mover. A waiver of the binding estimate is considered an addendum to the moving contract,
      and must include a provision in text that is larger than the remaining text of the waiver that warns
      the shipper that he or she may lose specific rights by executing the waiver. One such right that a
      shipper loses when he or she waives the binding estimate is the presumption that the mover
      cannot collect more than the binding estimate for the services provided.

      A shipper may also waive the 48-hour “cooling off” period if his or her initial contact with the
      mover occurs within 48 hours of the proposed move.

      Contract for Moving Services
      A mover and shipper must enter into a contract for services prior to the performance of any
      services, and the shipper must sign or electronically acknowledge and date the contract. In
      accordance with section 5 of the bill, the contract must include:
       Contact information of both parties;
       Date contract was prepared and date of the move;
       Where the goods will be stored, including in the case of a contract dispute;
       A copy of the binding estimate;
       Total cost to shipper that may be collected by the mover at delivery, and terms of the
          payment; and
       Acceptable forms of payment.
BILL: SB 1928                                                                                      Page 7

      The mover must retain a copy of the binding estimate and the contract for one year after its
      execution and keep a copy with him or her during the entire move, should a dispute over cost or
      payment arise.

      Payment and Delivery of Goods

      Section 8 amends s. 507.06, F.S., to require a mover to relinquish a shipper’s goods inside the
      location directed by the shipper during the agreed upon timeframe, if the shipper paid the exact
      amount of the binding estimate, paid any additional charges properly agreed to by both parties in
      writing, if applicable, and paid any charges related to impracticable operations, if applicable.
      Additionally, the bill requires the mover to notify the shipper if it is unable to perform pickup or
      delivery of the household goods on the date agreed upon in the contract for services, and to
      establish an amended date or timeframe for performance of the contract.

      Section 9 creates s. 507.065, F.S., to provide that a mover may require payment in excess of the
      binding estimate prior to his or her relinquishment of the household goods, if:
       The shipper waived the binding estimate at least more than 48 hours before the move was
         begun;
       Prior to beginning the move, the parties negotiate a revised binding estimate to reflect extra
         services requested by the shipper.
       The shipper, after at least a one-hour cool off period, consents by written contract addendum
         to the mover’s performance of (and charging for) additional services that the mover has
         advised are essential to the move as a result of impracticable operations.
       After execution of the contract, the shipper requests additional services and the mover
         informs the shipper of associated charges in writing.
       Impracticable operations require additional services to be performed by the mover.

      The mover cannot demand payment of any additional charges assessed under ch. 507, F.S., prior
      to relinquishing the shipper’s household goods, but may collect payment by billing the shipper
      within 15 days after delivery of the goods. A mover can assess a late fee for any charges that are
      not paid by the shipper within 30 days of his or her receipt of the bill.

      Violations and Penalties

      Section 10 prohibits increasing the contracted cost of the move, if not in accordance with the
      law, improperly withholding a shipper’s goods, seeking a waiver that is not expressly authorized,
      and otherwise failing to comply with chapter 507.

      Section 11 permits the Department to take immediate action to suspend a registration or the
      processing of an application if the registrant, applicant, or an officer or director is formally
      charged with a crime that involves fraud, theft, larceny, embezzlement, or fraudulent conversion
      or misappropriation of property, or a crime arising from conduct during movement of household
      goods. The Department can lift the suspension upon final disposition of the case, or removal or
      resignation of the officer or director.

      Sections 12 and 13 make conforming changes to ss. 507.10 and 507.11, F.S., accordingly, to
      incorporate amendments made elsewhere in the bill.
BILL: SB 1928                                                                                       Page 8


      Rulemaking Authority

      Section 14 transfers rulemaking authority from s. 507.07, F.S., to permit a more general grant of
      rulemaking authority to the Department to administer the provisions of ch. 507, F.S.

      Effective Date

      Section 15 creates an effective date of July 1, 2022.

IV.   Constitutional Issues:

      A.        Municipality/County Mandates Restrictions:

                None.

      B.        Public Records/Open Meetings Issues:

                None.

      C.        Trust Funds Restrictions:

                None.

      D.        State Tax or Fee Increases:

                None.

      E.        Other Constitutional Issues:

                None identified.

V.    Fiscal Impact Statement:

      A.        Tax/Fee Issues:

                None.

      B.        Private Sector Impact:

                The public may see a faster resolution to moving disputes that arise due to the provisions
                in the bill

      C.        Government Sector Impact:

                The bill requires the Department to prepare a publication that includes a summary of the
                rights and responsibilities of, and remedies available to, movers and shippers.
 BILL: SB 1928                                                                                                                        Page 9

                 The Department may be required to engage in rulemaking to amend Florida
                 Administrative Code Rule 5J-15 to incorporate changes made by the bill

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        The bill substantially amends the following sections of the Florida Statutes: 507.01, 507.02,
        507.03, 507.04, 507.05, 507.06, 507.07, 507.09, 507.10, and 507.11.

        The bill creates the following sections of the Florida Statutes: 507.054, 507.055, 507.065, and
        507.14.

 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 1928          Florida Senate - 2022                                        SB 1928



       By Senator Hooper




       16-01422-22                                               20221928__          16-01422-22                                               20221928__
 1                             A bill to be entitled                          30          certain circumstances unless waived by the shipper;
 2          An act relating to household moving services; amending            31          requiring specified content for the binding estimate;
 3          s. 507.01, F.S.; defining and redefining terms;                   32          authorizing a shipper to waive the binding estimate in
 4          amending s. 507.02, F.S.; clarifying intent; amending             33          certain circumstances; requiring the mover and shipper
 5          s. 507.03, F.S.; revising the conditions under which              34          to sign or electronically acknowledge the estimate;
 6          the Department of Agriculture and Consumer Services is            35          requiring the mover to provide the shipper with a copy
 7          authorized to deny, refuse to renew, or revoke the                36          of the estimate at the time of signature or electronic
 8          registration of any mover or moving broker; amending              37          acknowledgment; providing that a binding estimate may
 9          s. 507.04, F.S.; removing a prohibition that precludes            38          be amended only under certain circumstances;
10          a mover from limiting its liability for the loss or               39          authorizing a mover to charge more than the binding
11          damage of household goods to a specified valuation                40          estimate in certain circumstances; requiring a mover
12          rate; removing a requirement that a mover disclose a              41          to allow a shipper at least 1 hour to determine
13          liability limitation when the mover limits its                    42          whether to authorize impracticable operations;
14          liability for a shipper’s goods; requiring a mover to             43          requiring a mover to retain a copy of the binding
15          indemnify a shipper for the loss of or damage to the              44          estimate for a specified period; requiring a mover to
16          shipper’s household goods caused by the mover during a            45          provide a contract for service to the shipper before
17          household move; requiring the mover to indemnify the              46          providing moving or accessorial services; requiring a
18          shipper for at least the cost of repair or replacement            47          driver to have possession of the contract before
19          of goods unless waived or amended by the shipper;                 48          leaving the point of origin; requiring a mover to
20          authorizing the shipper to waive or amend the                     49          retain a contract of service for a specified period;
21          indemnification for loss of or damage to the shipper’s            50          creating s. 507.054, F.S.; requiring the department to
22          household goods; requiring that the waiver be made in             51          prepare a publication that summarizes the rights and
23          a signed or electronic acknowledgment in the contract;            52          responsibilities of, and remedies available to, movers
24          revising the time at which the mover must disclose the            53          and shippers; requiring the department to make the
25          terms of the coverage, including any deductibles, to              54          publication available to the public on the
26          the shipper in writing; revising the information that             55          department’s website; requiring the mover to provide
27          the disclosure must provide to the shipper; amending              56          an electronic or hard copy of the department’s
28          s. 507.05, F.S.; requiring a mover to conduct a                   57          publication to shippers at specified times; requiring
29          physical survey and provide a binding estimate in                 58          the publication to meet certain specifications;

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59          requiring the shipper to acknowledge receipt of the                88          s. 507.14, F.S.; requiring the department to adopt
60          copy of the publication by signed or electronic                    89          rules; providing an effective date.
61          acknowledgment; creating s. 507.055, F.S.; requiring a             90
62          mover to provide certain disclosures to a prospective              91     Be It Enacted by the Legislature of the State of Florida:
63          shipper; amending s. 507.06, F.S.; requiring a mover               92
64          to tender household goods for delivery on the agreed               93          Section 1. Section 507.01, Florida Statutes, is reordered
65          upon delivery date or within a specified period unless             94     and amended to read:
66          waived by the shipper; requiring a mover to notify and             95          507.01 Definitions.—As used in this chapter, the term:
67          provide certain information to a shipper if the mover              96          (1) “Accessorial services” means any service performed by a
68          is unable to perform delivery on the agreed upon date              97     mover which results in a charge to the shipper and is incidental
69          or during the specified period; creating s. 507.065,               98     to the transportation or shipment of household goods, including,
70          F.S.; providing a maximum amount that a mover may                  99     but not limited to, valuation coverage; preparation of written
71          charge a shipper unless waived by the shipper;                    100     inventory; equipment, including dollies, hand trucks, pads,
72          requiring a mover to bill a shipper for specified                 101     blankets, and straps; storage, packing, unpacking, or crating of
73          charges in certain circumstances; authorizing a mover             102     articles; hoisting or lowering; waiting time; carrying articles
74          to assess a late fee for any uncollected charges in               103     excessive distances to or from the mover’s vehicle, which may be
75          certain circumstances; amending s. 507.07, F.S.;                  104     cited as “long carry”; overtime loading and unloading;
76          providing that it is a violation of ch. 507, F.S., to             105     reweighing; disassembly or reassembly; elevator or stair
77          fail to comply with specified provisions; providing               106     carrying; boxing or servicing of appliances; and furnishing of
78          that it is a violation of ch. 507, F.S., to increase              107     packing or crating materials. The term includes services not
79          the contracted cost for moving services in certain                108     performed by the mover but performed by a third party at the
80          circumstances; conforming provisions to changes made              109     request of the shipper or mover, if the charges for these
81          by the act; amending s. 507.09, F.S.; requiring the               110     services are to be paid to the mover by the shipper at or before
82          department, upon verification by certain entities, to             111     the time of delivery.
83          immediately suspend a registration or the processing              112          (2) “Additional services” means any additional
84          of an application for a registration in certain                   113     transportation of household goods which is performed by a mover,
85          circumstances; amending s. 507.10, F.S.; conforming a             114     is not specifically included in a binding estimate or contract,
86          provision to changes made by the act; amending s.                 115     and results in a charge to the shipper.
87          507.11, F.S.; providing criminal penalties; creating              116          (3) “Advertise” means to advise, announce, give notice of,

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117     publish, or call attention by use of oral, written, or graphic        146     residence, or other dwelling, including, but not limited to,
118     statement made in a newspaper or other publication or on radio        147     household furniture. The term does not include freight or
119     or television, any electronic medium, or contained in any             148     personal property moving to or from a factory, store, or other
120     notice, handbill, sign, including signage on vehicle, flyer,          149     place of business.
121     catalog or letter, or printed on or contained in any tag or           150          (9)(8) “Household move” or “move” means the loading of
122     label attached to or accompanying any good.                           151     household goods into a vehicle, moving container, or other mode
123          (4) “Binding estimate” means a written or electronic             152     of transportation or shipment; the transportation or shipment of
124     document that specifies the total cost of a move, including, but      153     those household goods; and the unloading of those household
125     not limited to, the loading, transportation or shipment, and          154     goods, when the transportation or shipment originates and
126     unloading of household goods and any accessorial services the         155     terminates at one of the following ultimate locations,
127     shipper must pay for the complete move of his or her household        156     regardless of whether the mover temporarily stores the goods
128     goods.                                                                157     while en route between the originating and terminating
129          (5)(3) “Compensation” means money, fee, emolument, quid pro      158     locations:
130     quo, barter, remuneration, pay, reward, indemnification, or           159          (a) From one dwelling to another dwelling;
131     satisfaction.                                                         160          (b) From a dwelling to a storehouse or warehouse that is
132          (6)(4) “Contract for service” or “bill of lading” means a        161     owned or rented by the shipper or the shipper’s agent; or
133     written document approved by the shipper in writing before the        162          (c) From a storehouse or warehouse that is owned or rented
134     performance of any service which authorizes services from the         163     by the shipper or the shipper’s agent to a dwelling.
135     named mover and lists the services and all costs associated with      164          (10) “Impracticable operations” means operations of the
136     the household move and accessorial services to be performed.          165     mover which are necessary to complete the move due to
137          (7)(5) “Department” means the Department of Agriculture and      166     substantial and unforeseen conditions arising after execution of
138     Consumer Services.                                                    167     a contract for household services. Such conditions must make it
139          (6) “Estimate” means a written document that sets forth the      168     impractical for a mover to perform pickup or delivery services
140     total costs and describes the basis of those costs, relating to       169     for a household move as originally provided in the contract.
141     a shipper’s household move, including, but not limited to, the        170          (11)(9) “Mover” means a person who, for compensation,
142     loading, transportation or shipment, and unloading of household       171     contracts for or engages in the loading, transportation or
143     goods and accessorial services.                                       172     shipment, or unloading of household goods as part of a household
144          (8)(7) “Household goods” or “goods” means personal effects       173     move. The term does not include a postal, courier, envelope, or
145     or other personal property commonly found in a home, personal         174     package service that, or a personal laborer who, does not

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175     advertise itself as a mover or moving service.                           204     satisfaction and confidence of shippers and members of the
176             (12)(10) “Moving broker” or “broker” means a person who,         205     public when using a mover.
177     for compensation, arranges for another person to load, transport         206          Section 3. Subsection (8) of section 507.03, Florida
178     or ship, or unload household goods as part of a household move           207     Statutes, is amended to read:
179     or who, for compensation, refers a shipper to a mover by                 208          507.03 Registration.—
180     telephone, postal or electronic mail, Internet website, or other         209          (8) The department may deny, refuse to renew, or revoke the
181     means.                                                                   210     registration of any mover or moving broker based upon a
182             (13)(11) “Moving container” means a receptacle holding at        211     determination that the mover or moving broker, or any of the
183     least 200 cubic feet of volume which is used to transport or             212     mover’s or moving broker’s directors, officers, owners, or
184     ship household goods as part of a household move.                        213     general partners:
185             (14) “Personal laborer” means an individual hired directly       214          (a) Has failed to meet the requirements for registration as
186     by the shipper to assist in the loading and unloading of the             215     provided in this chapter;
187     shipper’s own household goods. The term does not include any             216          (b) Has been convicted of a crime involving fraud, theft,
188     individual who has contracted with or is compensated by a third-         217     larceny, embezzlement, or fraudulent conversion or
189     party or whose services are brokered as part of a household              218     misappropriation of property or a crime arising from conduct
190     move.                                                                    219     during a movement of household goods dishonest dealing, or any
191             (15)(12) “Shipper” means a person who uses the services of       220     other act of moral turpitude;
192     a mover to transport or ship household goods as part of a                221          (c) Has not satisfied a civil fine or penalty arising out
193     household move.                                                          222     of any administrative or enforcement action brought by any
194             (16)(13) “Storage” means the temporary warehousing of a          223     governmental agency or private person based upon conduct
195     shipper’s goods while under the care, custody, and control of            224     involving fraud, theft, dishonest dealing, or any violation of
196     the mover.                                                               225     this chapter;
197             Section 2. Subsection (3) of section 507.02, Florida             226          (d) Has pending against him or her any criminal,
198     Statutes, is amended to read:                                            227     administrative, or enforcement proceedings in any jurisdiction,
199             507.02 Construction; intent; application.—                       228     based upon conduct involving fraud, theft, larceny,
200             (3) This chapter is intended to provide consistency and          229     embezzlement, or fraudulent conversion or misappropriation of
201     transparency in moving practices and to create the presumption           230     property or a crime arising from conduct during a movement of
202     that movers of household goods will make necessary disclosures           231     household goods dishonest dealing, or any other act of moral
203     and educate uninformed shippers in order to secure the                   232     turpitude; or

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233          (e) Has had a judgment entered against him or her in any          262     institution in the amount of $25,000.
234     action brought by the department or the Department of Legal            263
235     Affairs under this chapter or ss. 501.201-501.213, the Florida         264     The original bond or certificate of deposit must be filed with
236     Deceptive and Unfair Trade Practices Act.                              265     the department and must designate the department as the sole
237          Section 4. Subsections (1), (3), (4), and (5) of section          266     beneficiary. The department must use the bond or certificate of
238     507.04, Florida Statutes, are amended to read:                         267     deposit exclusively for the payment of claims to consumers who
239          507.04 Required insurance coverages; liability limitations;       268     are injured by the fraud, misrepresentation, breach of contract,
240     valuation coverage.—                                                   269     misfeasance, malfeasance, or financial failure of the mover or
241          (1) CARGO LIABILITY INSURANCE.—                                   270     moving broker or by a violation of this chapter by the mover or
242          (a)1. Except as provided in paragraph (b), each mover             271     broker. Liability for these injuries may be determined in an
243     operating in this state must maintain current and valid cargo          272     administrative proceeding of the department or through a civil
244     liability insurance coverage of at least $10,000 per shipment          273     action in a court of competent jurisdiction. However, claims
245     for the loss or damage of household goods resulting from the           274     against the bond or certificate of deposit must only be paid, in
246     negligence of the mover or its employees or agents.                    275     amounts not to exceed the determined liability for these
247          2. The mover must provide the department with evidence of         276     injuries, by order of the department in an administrative
248     liability insurance coverage before the mover is registered with       277     proceeding. The bond or certificate of deposit is subject to
249     the department under s. 507.03. All insurance coverage                 278     successive claims, but the aggregate amount of these claims may
250     maintained by a mover must remain in effect throughout the             279     not exceed the amount of the bond or certificate of deposit.
251     mover’s registration period. A mover’s failure to maintain             280          (3) INSURANCE COVERAGES.—The insurance coverages required
252     insurance coverage in accordance with this paragraph constitutes       281     under paragraph (1)(a) and subsection (2) must be issued by an
253     an immediate threat to the public health, safety, and welfare.         282     insurance company or carrier licensed to transact business in
254          (b) A mover that operates two or fewer vehicles, in lieu of       283     this state under the Florida Insurance Code as designated in s.
255     maintaining the cargo liability insurance coverage required            284     624.01. The department shall require a mover to present a
256     under paragraph (a), may, and each moving broker must, maintain        285     certificate of insurance of the required coverages before
257     one of the following alternative coverages:                            286     issuance or renewal of a registration certificate under s.
258          1. A performance bond in the amount of $25,000, for which         287     507.03. The department shall be named as a certificateholder in
259     the surety of the bond must be a surety company authorized to          288     the certificate and must be notified at least 10 days before
260     conduct business in this state; or                                     289     cancellation of insurance coverage. A mover’s failure to
261          2. A certificate of deposit in a Florida banking                  290     maintain insurance coverage constitutes an immediate threat to

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291     the public health, safety, and welfare. If a mover fails to            320     the waiver must be made by a signed or electronic acknowledgment
292     maintain insurance coverage, the department may immediately            321     in the contract If a mover offers valuation coverage, the
293     suspend the mover’s registration or eligibility for                    322     coverage must indemnify the shipper for at least the minimum
294     registration, and the mover must immediately cease operating as        323     valuation rate required under subsection (4). The mover must
295     a mover in this state. In addition, and notwithstanding the            324     disclose the terms of the indemnification coverage to the
296     availability of any administrative relief pursuant to chapter          325     shipper in writing in at the time that the binding estimate and
297     120, the department may seek from the appropriate circuit court        326     again when the contract for services is are executed and before
298     an immediate injunction prohibiting the mover from operating in        327     any moving or accessorial services are provided. The disclosure
299     this state until the mover complies with this section, a civil         328     must inform the shipper of the cost of the valuation coverage,
300     penalty not to exceed $5,000, and court costs.                         329     the valuation rate of the coverage, and the opportunity to
301          (4) INDEMNIFICATION LIABILITY LIMITATIONS; VALUATION              330     reject the coverage. If valuation coverage compensates a shipper
302     RATES.—A mover may not limit its liability for the loss or             331     for at least the minimum valuation rate required under
303     damage of household goods to a valuation rate that is less than        332     subsection (4), the coverage satisfies the mover’s liability for
304     60 cents per pound per article. A provision of a contract for          333     the minimum valuation rate.
305     moving services is void if the provision limits a mover’s              334             Section 5. Section 507.05, Florida Statutes, is amended to
306     liability to a valuation rate that is less than the minimum rate       335     read:
307     under this subsection. If a mover limits its liability for a           336             507.05 Physical surveys, binding estimates, and contracts
308     shipper’s goods, the mover must disclose the limitation,               337     for service.—Before providing any moving or accessorial
309     including the valuation rate, to the shipper in writing at the         338     services, a contract and estimate must be provided to a
310     time that the estimate and contract for services are executed          339     prospective shipper in writing, must be signed and dated by the
311     and before any moving or accessorial services are provided. The        340     shipper and the mover, and must include:
312     disclosure must also inform the shipper of the opportunity to          341             (1) PHYSICAL SURVEY.—A mover must conduct a physical survey
313     purchase valuation coverage if the mover offers that coverage          342     of the household goods to be moved and provide the prospective
314     under subsection (5).                                                  343     shipper with a binding estimate of the cost of the move.
315          (5) VALUATION COVERAGE.—A mover shall indemnify may offer         344             (2) WAIVER OF SURVEY.—A shipper may elect to waive the
316     valuation coverage to compensate a shipper for the full                345     physical survey. Such waiver must be in writing and signed or
317     replacement value loss or damage of the shipper’s household            346     electronically acknowledged by the shipper before provision or
318     goods that are lost or damaged by the mover during a household         347     waiver of the binding estimate by the shipper. The mover shall
319     move. The shipper may waive or amend the indemnification, and          348     retain a copy of the waiver as an addendum to the contract for

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349     service.                                                               378     proposed date of the move, if any.
350          (3) BINDING ESTIMATE.—Before executing a contract for             379          3. An itemized breakdown and description of services, and
351     service for a household move, and at least 48 hours before the         380     the total cost to the shipper of loading, transporting or
352     scheduled time and date of a shipment of household goods, a            381     shipping, unloading, and accessorial services.
353     mover must provide a binding estimate. The binding estimate must       382          4. A statement that the estimate is binding on the mover
354     be based on a physical survey conducted under subsection (1),          383     and the shipper and that the charges shown apply only to those
355     unless waived pursuant to subsection (2).                              384     services specifically identified in the estimate.
356          (a) The shipper may waive the binding estimate if the             385          5. Identification of acceptable forms of payment.
357     waiver is made by signed or electronic acknowledgment before the       386          (d) The binding estimate must be signed or electronically
358     commencement of the 48-hour period before the household goods          387     acknowledged by the mover and the shipper, and a copy must be
359     are loaded. The mover shall retain a copy of the waiver as an          388     provided to the shipper by the mover at the time that the
360     addendum to the contract for services. To be enforceable, a            389     binding estimate is signed or electronically acknowledged.
361     waiver executed under this paragraph must, at a minimum, include       390          (e) A binding estimate may be amended by the mover only
362     a statement in uppercase type at least 5 points larger than, and       391     before the scheduled loading of household goods for shipment
363     clearly distinguishable from, the rest of the text of the waiver       392     when the shipper has requested additional services of the mover
364     or release containing the statement. The exact statement to be         393     not previously disclosed in the original binding estimate, or
365     included in a waiver of a binding estimate to be used by all           394     upon mutual agreement of the mover and the shipper. Once a mover
366     movers must be determined by the department in rulemaking and          395     begins to load the household goods for a move, failure to
367     must include a delineation of the specific rights that a shipper       396     execute a new binding estimate signifies that the mover has
368     may lose by waiving the binding estimate.                              397     reaffirmed the original binding estimate.
369          (b) The shipper may also waive the 48-hour period if the          398          (f) A mover may not collect more than the amount of the
370     moving services requested commence within 48 hours after the           399     binding estimate unless:
371     shipper’s initial contact with the mover contracted to perform         400          1. The shipper waives receipt of a binding estimate under
372     the moving services.                                                   401     this subsection.
373          (c) At a minimum, the binding estimate must include all of        402          2. The shipper tenders additional household goods, requests
374     the following:                                                         403     additional services, or requires services that are not
375          1. The table of measures or hourly quotation used by the          404     specifically included in the binding estimate, in which case the
376     mover or the mover’s agent in preparing the binding estimate.          405     mover may execute an addendum to the binding estimate describing
377          2. The date the binding estimate was prepared and the             406     the additional household goods or need for additional services

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407     and the associated charges in writing. The mover must allow the           436     any addendums thereto for each move performed for at least 1
408     shipper at least 1 hour to determine whether to execute the               437     year after its preparation date as an attachment to the contract
409     addendum. The mover may require full payment at the destination           438     for service.
410     for the costs associated with the additional requested services           439          (4) CONTRACT FOR SERVICE.—Before providing any moving or
411     as provided in the addendum to the binding estimate. If the               440     accessorial services, a mover must provide a contract for
412     shipper refuses to execute the addendum, the mover may refuse to          441     service to the shipper, which the shipper must sign or
413     ship the additional goods or perform the additional services              442     electronically acknowledge and date.
414     requested.                                                                443          (a) At a minimum, the contract for service must include:
415             3. The mover advises the shipper, in advance of                   444          1. The name, telephone number, and physical address where
416     performance, that impracticable operations are essential to               445     the mover’s employees are available during normal business
417     properly perform the move. The mover must allow the shipper at            446     hours.
418     least 1 hour to determine whether to authorize the additional             447          2.(2) The date the contract was or estimate is prepared and
419     services.                                                                 448     the any proposed date of the move, if any.
420             a. If the shipper agrees to pay for the impracticable             449          3.(3) The name and address of the shipper, the addresses
421     operations, the mover must execute a written addendum to the              450     where the articles are to be picked up and delivered, and a
422     contract for services, which must be signed or electronically             451     telephone number where the shipper may be reached.
423     acknowledged by the shipper. The addendum may be delivered to             452          4.(4) The name, telephone number, and physical address of
424     the shipper by personal delivery, facsimile, e-mail, overnight            453     any location where the household goods will be held pending
425     courier, or certified mail, with return receipt requested. The            454     further transportation, including situations in which where the
426     mover must bill the shipper for the agreed upon additional                455     mover retains possession of household goods pending resolution
427     services within 15 days after the delivery of those additional            456     of a fee dispute with the shipper.
428     services pursuant to s. 507.065.                                          457          5.(5) A binding estimate provided in accordance with
429             b. If the shipper does not agree to pay for the additional        458     subsection (3) An itemized breakdown and description and total
430     services, the mover may perform and, pursuant to s. 507.06, bill          459     of all costs and services for loading, transportation or
431     the shipper for those additional services necessary to complete           460     shipment, unloading, and accessorial services to be provided
432     the delivery. It is the mover’s burden to show that the                   461     during a household move or storage of household goods.
433     impracticable operations were necessary to properly perform the           462          6. The total charges owed by the shipper based on the
434     move.                                                                     463     binding estimate and the terms and conditions for their payment,
435             (g) A mover shall retain a copy of the binding estimate and       464     including any required minimum payment.

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465          7. If the household goods are transported under an                494             Section 6. Section 507.054, Florida Statutes, is created to
466     agreement to collect payment upon delivery, the maximum payment        495     read:
467     that the mover may demand at the time of delivery.                     496             507.054 Publication.—
468          8.(6) Acceptable forms of payment, which must be clearly          497             (1) The department shall prepare a publication that
469     and conspicuously disclosed to the shipper on the binding              498     includes a summary of the rights and responsibilities of, and
470     estimate and the contract for services. A mover must shall             499     remedies available to, movers and shippers under this chapter.
471     accept at least a minimum of two of the three following forms of       500     The publication must include a statement that a mover’s failure
472     payment:                                                               501     to relinquish household goods as required by this chapter
473          a.(a) Cash, cashier’s check, money order, or traveler’s           502     constitutes a felony of the third degree, punishable as provided
474     check;                                                                 503     in s. 775.082, s. 775.083, or s. 775.084, that any other
475          b.(b) Valid personal check, showing upon its face the name        504     violation of this chapter constitutes a misdemeanor of the first
476     and address of the shipper or authorized representative; or            505     degree, punishable as provided in s. 775.082 or s. 775.083, and
477          c.(c) Valid credit card, which shall include, but not be          506     that any violation of this chapter constitutes a violation of
478     limited to, Visa or MasterCard.                                        507     the Florida Deceptive and Unfair Trade Practices Act. The
479                                                                            508     publication must also include a notice to the shipper of the
480     A mover must clearly and conspicuously disclose to the shipper         509     potential risks of shipping sentimental or family heirloom
481     in the estimate and contract for services the forms of payments        510     items. The department shall make the publication available to
482     the mover will accept, including the forms of payment described        511     the public on the department’s website.
483     in paragraphs (a)-(c).                                                 512             (2) A mover must provide an electronic or hard copy of the
484          (b) Each addendum to the contract for service is an               513     department’s publication to shippers at the physical survey or,
485     integral part of the contract.                                         514     if the physical survey is timely waived by the shipper, before
486          (c) A copy of the contract for service must accompany the         515     contracting for the household move.
487     household goods whenever they are in the mover’s or the mover’s        516             (3) A mover may customize the color, design, and dimension
488     agent’s possession. Before a vehicle being used for the move           517     of the front and back covers of the standard department
489     leaves the point of origin, the driver responsible for the move        518     publication. If the mover customizes the publication, the
490     must have the contract for service in his or her possession.           519     customized publication must include the content specified in
491          (d) A mover shall retain a contract for service for each          520     subsection (1) and meet the following requirements:
492     move it performs for at least 1 year after the date the contract       521             (a) The font size used must be at least 10 points, with the
493     for service was signed or electronically acknowledged.                 522     exception that the following must appear prominently on the

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523     front cover in at least 12-point boldface type: “Your Rights and          552     in a written contract or estimate signed and dated by the
524     Responsibilities When You Move. Furnished by Your Mover, as               553     shipper. A mover may not, under any circumstances, refuse to
525     Required by Florida Law.”                                                 554     relinquish prescription medicines and household goods for use by
526             (b) The size of the booklet must be at least 36 square            555     children, including children’s furniture, clothing, or toys,
527     inches.                                                                   556     under any circumstances.
528             (4) The shipper must acknowledge receipt of the electronic        557             (3) A mover that lawfully fails to relinquish a shipper’s
529     or hard copy of the publication by signed or electronic                   558     household goods may place the goods in storage until payment in
530     acknowledgment in the contract.                                           559     accordance with s. 507.065 is tendered; however, the mover must
531             Section 7. Section 507.055, Florida Statutes, is created to       560     notify the shipper of the location where the goods are stored
532     read:                                                                     561     and the amount due within 5 days after receipt of a written
533             507.055 Required disclosure and acknowledgment of rights          562     request for that information from the shipper, which request
534     and remedies.—Before executing a contract for service for a               563     must include the address where the shipper may receive the
535     move, a mover must provide to a prospective shipper all of the            564     notice. A mover may not require a prospective shipper to waive
536     following:                                                                565     any rights or requirements under this section.
537             (1) The publication required under s. 507.054.                    566             (4) If a mover becomes aware that it will be unable to
538             (2) A concise, easy-to-read, and accurate binding estimate        567     perform either the pickup or the delivery of household goods on
539     required under s. 507.05(3).                                              568     the date agreed upon or during the timeframe specified in the
540             Section 8. Subsections (1) and (3) of section 507.06,             569     contract for service due to circumstances not anticipated by the
541     Florida Statutes, are amended, and subsection (4) is added to             570     contract, the mover must notify the shipper of the delay and
542     that section, to read:                                                    571     advise the shipper of the amended date or timeframe within which
543             507.06 Delivery and storage of household goods.—                  572     the mover expects to pick up or deliver the household goods in a
544             (1) On the agreed upon delivery date or within the                573     timely manner.
545     timeframe specified in the contract for service, a mover must             574             Section 9. Section 507.065, Florida Statutes, is created to
546     relinquish household goods to a shipper and must place the                575     read:
547     household goods inside a shipper’s dwelling or, if directed by            576             507.065 Payment.—
548     the shipper, inside a storehouse or warehouse that is owned or            577             (1) Except as provided in s. 507.05(3), the maximum amount
549     rented by the shipper or the shipper’s agent, unless the shipper          578     that a mover may charge before relinquishing household goods to
550     has not tendered payment pursuant to s. 507.065. This                     579     a shipper is the exact amount of the binding estimate, unless
551     requirement may be waived by the shipper in the amount specified          580     waived by the shipper.

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581          (2) A mover must bill a shipper for any charges assessed          610     solicit a waiver or acceptance of limitation from a shipper
582     under this chapter which are not collected upon delivery of            611     concerning rights or benefits provided under this chapter.
583     household goods at their destination within 15 days after such         612             Section 11. Section 507.09, Florida Statutes, is amended to
584     delivery. A mover may assess a late fee for any uncollected            613     read:
585     charges if the shipper fails to make payment within 30 days            614             507.09 Administrative remedies; penalties.—
586     after receipt of the bill.                                             615             (1) The department may enter an order doing one or more of
587          Section 10. Subsections (1), (4), and (5) and paragraphs          616     the following if the department finds that a mover or moving
588     (a) and (b) of subsection (6) of section 507.07, Florida               617     broker, or a person employed or contracted by a mover or broker,
589     Statutes, are amended to read:                                         618     has violated or is operating in violation of this chapter or the
590          507.07 Violations.—It is a violation of this chapter:             619     rules or orders issued pursuant to this chapter:
591          (1) To operate conduct business as a mover or moving              620             (a) Issuing a notice of noncompliance under s. 120.695.
592     broker, or advertise to engage in violation the business of            621             (b) Imposing an administrative fine in the Class II
593     moving or fail to comply with ss. 507.03-507.10, or any other          622     category pursuant to s. 570.971 for each act or omission.
594     requirement under this chapter offering to move, without being         623     However, the department must impose an administrative fine in
595     registered with the department.                                        624     the Class IV category for each violation of s. 507.07(9) if the
596          (4) To increase the contracted cost fail to honor and             625     department does not seek a civil penalty for the same offense.
597     comply with all provisions of the contract for moving services         626             (c) Directing that the person cease and desist specified
598     in any way other than provided for in this chapter or bill of          627     activities.
599     lading regarding the purchaser’s rights, benefits, and                 628             (d) Refusing to register or revoking or suspending a
600     privileges thereunder.                                                 629     registration.
601          (5) To withhold delivery of household goods or in any way         630             (e) Placing the registrant on probation, subject to the
602     hold household goods in storage against the expressed wishes of        631     conditions specified by the department.
603     the shipper if payment has been made as delineated in the              632             (2) The department, upon notification and subsequent
604     binding estimate or contract for services, or pursuant to this         633     written verification by a law enforcement agency, a court, a
605     chapter.                                                               634     state attorney, or the Department of Law Enforcement, must
606          (6)(a) To include in any contract any provision purporting        635     immediately suspend a registration or the processing of an
607     to waive or limit any right or benefit provided to shippers            636     application for a registration if the registrant, applicant, or
608     under this chapter.                                                    637     an officer or director of the registrant or applicant is
609          (b) Unless expressly authorized by this chapter, to seek or       638     formally charged with a crime involving fraud, theft, larceny,

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639     embezzlement, or fraudulent conversion or misappropriation of             668     provided in s. 775.082, s. 775.083, or s. 775.084. A mover’s
640     property or a crime arising from conduct during a movement of             669     compliance with an order from a law enforcement officer to
641     household goods until final disposition of the case or removal            670     relinquish household goods to a shipper is not a waiver or
642     or resignation of that officer or director.                               671     finding of fact regarding any right to seek further payment from
643             (3) The administrative proceedings that which could result        672     the shipper.
644     in the entry of an order imposing any of the penalties specified          673             (2) Except as provided in subsection (1), any person or
645     in subsection (1) or subsection (2) are governed by chapter 120.          674     business that violates this chapter commits a misdemeanor of the
646             (3) The department may adopt rules under ss. 120.536(1) and       675     first degree, punishable as provided in s. 775.082 or s.
647     120.54 to administer this chapter.                                        676     775.083.
648             Section 12. Subsection (4) of section 507.10, Florida             677             Section 14. Section 507.14, Florida Statutes, is created to
649     Statutes, is amended to read:                                             678     read:
650             507.10 Civil penalties; remedies.—                                679             507.14 Rulemaking.—The department shall adopt rules to
651             (4) Except as expressly authorized by this chapter, any           680     administer this chapter.
652     provision in a contract for services or bill of lading from a             681             Section 15. This act shall take effect July 1, 2022.
653     mover or moving broker that purports to waive, limit, restrict,
654     or avoid any of the duties, obligations, or prescriptions of the
655     mover or broker, as provided in this chapter, is void.
656             Section 13. Section 507.11, Florida Statutes, is amended to
657     read:
658             507.11 Criminal penalties.—
659             (1) The refusal of a mover or a mover’s employee, agent, or
660     contractor to comply with an order from a law enforcement
661     officer to relinquish a shipper’s household goods after the
662     officer determines that the shipper has tendered payment in
663     accordance with s. 507.065 of the amount of a written estimate
664     or contract, or after the officer determines that the mover did
665     not produce a signed or electronically acknowledged binding
666     estimate or contract for service upon which demand is being made
667     for payment, is a felony of the third degree, punishable as

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                                 CourtSmart Tag Report
Room: SB 110                       Case No.:                                 Type:
Caption: Senate Commerce and Tourism Committee                               Judge:

Started: 1/31/2022 3:02:07 PM
Ends:    1/31/2022 3:29:33 PM        Length: 00:27:27

3:02:08 PM    Chair Hooper calls meeting to order
3:02:15 PM    Committee Administrative Assistant calls roll
3:02:31 PM    Chair Hooper makes opening remarks
3:02:42 PM    Tab 1 - CS/SB 1067 by Senator Bradley
3:03:01 PM    Senator explains the bill
3:03:55 PM    No questions
3:03:59 PM    Amendment 186562 explained by Senator Bradley
3:04:21 PM    No questions
3:04:25 PM    No appearance cards
3:04:33 PM    Amendment adopted
3:04:40 PM    Senator Pizzo in questions
3:04:59 PM    Senator Bradley responds
3:05:30 PM    Martha Edenfield, The Real Property, Probate and Trust Law Section, responds
3:05:46 PM    Senator Pizzo in questions
3:05:52 PM    Martha Edenfield responds
3:06:20 PM    James Murphy, Attorney with Business Law Section of the Florida Bar, waives in support
3:06:33 PM    Lisa Hurley, Family Law Section of the Florida bar, waives in support
3:06:45 PM    Senator Powell in debate
3:07:20 PM    Senator waives close
3:07:28 PM    CS/CS/SB 1062 reported favorably
3:07:53 PM    Tab 2 - SB 1474 by Senator Bradley
3:08:00 PM    Senator Bradley explains strike all amendment 917980
3:09:17 PM    No questions on amendment
3:09:28 PM    No debate
3:09:31 PM    Amendment adopted
3:09:41 PM    Phil Noblia, waives in support
3:10:02 PM    Amanda Fraser, G4S Security, waives in support
3:10:06 PM    Carlos Nathan, FDACS, waives in support
3:10:16 PM    No debate
3:10:19 PM    Senator closes on bill
3:10:37 PM    Roll call on bill
3:10:52 PM    CS/SB 1474 reported favorably
3:11:01 PM    Tab 3 - SB 1146 by Senator Rodriguez
3:11:11 PM    Senator explains amendment 475734
3:11:47 PM    Senator Pizzo in questions on amendment
3:12:10 PM    Senator Rodriguez responds
3:12:27 PM    Senator Pizzo in questions
3:12:31 PM    Senator Rodriguez responds
3:12:42 PM    Back and forth in questions
3:13:44 PM    No debate on amendment
3:14:02 PM    Amendment adopted
3:14:07 PM    Senator Taddeo in questions
3:14:17 PM    Senator Rodriguez responds
3:14:57 PM    Senator Taddeo in questions
3:15:07 PM    Senator Rodriguez responds
3:15:48 PM    Senator Powell in questions
3:16:17 PM    Senator Rodriguez responds
3:16:56 PM    Back and forth in questions
3:19:32 PM    Burt Hodge, Fl License Investigators, waives in support
3:19:56 PM    Lauren Whrilnour, Florida Association of Licensed Investigators, speaks in support
3:20:39 PM    Senator Pizzo in questions
3:20:47 PM    Lauren Whrilnour responds
3:21:17 PM   Senator Pizzo in questions
3:21:33 PM   Speaker responds
3:21:50 PM   Senator Pizzo in debate
3:22:54 PM   Senator Rodriguez closes on bill
3:23:06 PM   Roll call on bill
3:23:11 PM   CS/SB 1146 reported favorably
3:23:27 PM   Tab 4 CS/SB 1536 by Senator Boyd
3:23:40 PM   Senator Boyd explains the bill
3:24:23 PM   Amendment 351226 explained by Senator Boyd
3:24:45 PM   No questions
3:24:54 PM   No debate
3:24:56 PM   Amendment adopted
3:25:04 PM   Commissioner Russ Weigel, Office of Financial Regulation, waives in support
3:25:16 PM   Senator Boyd closes on bill
3:25:35 PM   Roll called
3:25:40 PM   CS/CS/SB 1536 reported favorably
3:26:05 PM   Gavel turned to Vice-Chair Wright
3:26:14 PM   Tab 5 - SB 1928 by Senator Hooper
3:26:26 PM   Chair Hooper explains the bill
3:28:10 PM   No questions
3:28:13 PM   No appearance forms
3:28:18 PM   No debate
3:28:20 PM   Senator waives close
3:28:26 PM   Roll called
3:28:29 PM   SB 1928 reported favorably
3:28:52 PM   Gavel turned back to Senator Hooper
3:29:08 PM   Senator Diaz vote after
3:29:22 PM   Meeting adjourned


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