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.
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“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/
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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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By the Committee on Judiciary; and Senator Bradley
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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.
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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
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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.
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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: 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
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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.
Page 3 of 6
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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,
Page 5 of 6
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Florida Senate - 2022 COMMITTEE AMENDMENT
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.
Page 6 of 6
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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
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
Committee Agenda Request
To: Senator Ed Hooper, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: 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
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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
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CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
THE FLORIDA SENATE
COMMITTEES:
Tallahassee, Florida 32399-1100 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.
Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 1536
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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
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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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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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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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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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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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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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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.
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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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