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Post-Meeting Packet — Florida Senate Commerce and Tourism (February 7, 2022)

Summary

Post-meeting packet for the Commerce and Tourism committee of The Florida Senate, meeting of Monday, February 7, 2022, with Senator Hooper as Chair. The expanded agenda records SB 940 (Professional Structural Engineers) Favorable on Yeas 9 Nays 0, CS/SB 942 Favorable on Yeas 10 Nays 0, SB 1018 Fav/CS on Yeas 6 Nays 3, SB 1246 (LIBOR benchmark replacements) Fav/CS on Yeas 9 Nays 0, and SB 1316 (Resale of Tickets) Favorable on Yeas 9 Nays 0. Appointments to the Board of Directors, Enterprise Florida, Inc. each received Recommend Confirm on Yeas 9 Nays 0. A January 25, 2022 letter from Senator Dennis Baxley asks that SB 940 and CS/SB 942 be heard.

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

Cite this document

“Post-Meeting Packet — Florida Senate Commerce and Tourism (February 7, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-07-post-meeting-packet-4890-54a1ef202f/, SHA-256 7722d00b317ee1f3b6377224f852dea75464e1e2bbcea3324c8849053be237a9.

Full text

Selection From: 02/07/2022 - Commerce and Tourism (2:30 PM - 4:30 PM)                             2022 Regular Session
Customized                                                                                         02/08/2022 1:21 PM
Agenda Order

Tab 1    SB 940 by Baxley; (Identical to H 00375) Professional Structural Engineers


Tab 2    CS/SB 942 by RI, Baxley; (Identical to H 00565) Fees/Professional Structural Engineer Licensing


 Tab 3   SB 1018 by Burgess; (Identical to H 01509) Private Investigative and Security Services
902328   D       S     RCS            CM, Burgess                    Delete everything after        02/08 11:24 AM

 Tab 4   SB 1246 by Gruters; (Similar to CS/H 00925) Benchmark Replacements for London Interbank Offered Rate
235134   D       S     RCS             CM, Gruters                Delete everything after 02/08 11:24 AM

Tab 5    SB 1316 by Hooper; (Identical to H 00969) Resale of Tickets




                                                       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, February 7, 2022
                    TIME:      2:30—4:30 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    SB 940                              Professional Structural Engineers; Prohibiting a           Favorable
        Baxley                              person who is not licensed as an engineer from using           Yeas 9 Nays 0
        (Identical H 375, Compare H 565,    a specified name or title; authorizing the Board of
        Linked CS/S 942)                    Professional Engineers to refuse to certify an
                                            applicant for a professional structural engineer license
                                            for certain reasons; providing licensure and
                                            application requirements for a professional structural
                                            engineer license; specifying acts that constitute
                                            grounds for disciplinary action, including civil
                                            penalties, against a professional structural engineer,
                                            etc.

                                            RI       01/25/2022 Favorable
                                            CM       02/07/2022 Favorable
                                            RC


   2    CS/SB 942                           Fees/Professional Structural Engineer Licensing;           Favorable
        Regulated Industries / Baxley       Authorizing the Board of Professional Engineers to             Yeas 10 Nays 0
        (Identical H 565, Compare H 375,    establish fees relating to professional structural
        Linked S 940)                       engineer licensing; requiring applicants to pay a
                                            specified fee to be eligible to receive a professional
                                            structural engineer license, etc.

                                            RI       01/25/2022 Fav/CS
                                            CM       02/07/2022 Favorable
                                            AP


   3    SB 1018                             Private Investigative and Security Services; Revising      Fav/CS
        Burgess                             eligibility requirements for certain licensees to carry        Yeas 6 Nays 3
        (Identical H 1509)                  firearms, etc.

                                            CM       02/07/2022 Fav/CS
                                            JU
                                            RC




                                                                                                                      S-036 (10/2008)
02072022.1632                                                                                                             Page 1 of 2
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, February 7, 2022, 2:30—4:30 p.m.

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

  4     SB 1246                               Benchmark Replacements for London Interbank               Fav/CS
        Gruters                               Offered Rate; Requiring that recommended                      Yeas 9 Nays 0
        (Similar CS/H 925, Compare H          benchmark replacements selected or recommended
        639)                                  by specified persons be benchmark replacements on
                                              the United States dollar London Interbank Offered
                                              Rate (LIBOR) replacement date for certain contracts,
                                              securities, and instruments; authorizing specified
                                              persons to select benchmark replacements under
                                              certain circumstances; requiring that benchmark
                                              replacement conforming changes become an integral
                                              part of contracts, securities, and instruments under
                                              certain circumstances; providing that a person is not
                                              liable for damages and is not subject to claims and
                                              requests for equitable relief under certain
                                              circumstances, etc.

                                              BI       02/02/2022 Favorable
                                              CM       02/07/2022 Fav/CS
                                              RC


  5     SB 1316                               Resale of Tickets; Providing that certain tickets may     Favorable
        Hooper                                be sold as nontransferable tickets only under certain         Yeas 9 Nays 0
        (Identical H 969)                     circumstances; providing exceptions; defining the
                                              term “nontransferable ticket”; prohibiting the original
                                              ticket seller from taking certain actions against a
                                              person who purchases or resells a ticket, etc.

                                              CM       02/07/2022 Favorable
                                              JU
                                              RC


 TAB    OFFICE and APPOINTMENT (HOME CITY)                                    FOR TERM ENDING              COMMITTEE ACTION

        Senate Confirmation Hearing: A public hearing will be held for consideration of the below-
        named executive appointment to the office indicated.

        Board of Directors, Enterprise Florida, Inc.
  6             Cruise, Rodney (Enterprise)                                         09/30/2025          Recommend Confirm
                                                                                                            Yeas 9 Nays 0
  7             Deen Hartley, Sonya (Tallahassee)                                   09/30/2023          Recommend Confirm
                                                                                                            Yeas 9 Nays 0
  8             Ross, Scott (Tallahassee)                                           09/30/2024          Recommend Confirm
                                                                                                            Yeas 9 Nays 0

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

        Other Related Meeting Documents




                                                                                                                       S-036 (10/2008)
02072022.1632                                                                                                              Page 2 of 2
                                                  THE FLORIDA SENATE
                                                     Tallahassee, Florida 32399-1100
                                                                                                   COMMITTEES:
                                                                                                   Ethics and Elections, Chair
                                                                                                   Appropriations
                                                                                                   Appropriations Subcommittee on Criminal and Civil Justice
                                                                                                   Community Affairs
                                                                                                   Criminal Justice
                                                                                                   Health Policy
                                                                                                   Judiciary
                                                                                                   Rules
SENATOR DENNIS BAXLEY                                                                              JOINT COMMITTEE:
        12th District                                                                              Joint Legislative Auditing Committee, Alternating Chair




   January 25, 2022

   The Honorable Senator Ed Hooper
   302 Senate Office Building
   Tallahassee, FL 32399

   Dear Chairman Hooper,

   I would like to request that SB 940 Professional Structural Engineers & CS/SB 942 Fees for Structural
   Engineers Licensing be heard in the next Regulated Industries Committee meeting.

   SB 940 authorizes the Florida Board of Professional Engineers (board) to establish minimum standards of
   practice for the profession of structural engineering, which includes the structural analysis and design of
   components for threshold buildings (those higher than 50 feet/three stories or with an occupancy of
   greater than 500 persons) as well as the practice of engineering under current law.

   The bill prohibits, effective March 1, 2024, the practice of professional structural engineering by
   any person who is not a licensed professional structural engineer or otherwise exempted from
   licensure under ch. 471, F.S., related to engineering.

   The bill authorizes the board to certify persons as qualified to practice structural engineering if
   they are licensed or qualify for licensure as an engineer, have at least 4 years of active structural
   engineering experience under the supervision of a licensed engineer, have passed certain
   professional examinations, and meet other administrative requirements.

   CS/SB 942, relating to Fees/Professional Structural Engineer Licensing, is linked to this bill, and
   provides for the establishment of licensing fees by the Board of Professional Engineering to be
   paid by persons seeking licensure as a professional structural engineer.

   I appreciate your favorable consideration.

   Onward & Upward,


   Senator Dennis Baxley
   Senate District 12

   cc: Todd McKay, Staff Director

                  REPLY TO:
                     206 South Hwy 27/441, Lady Lake, Florida 32159 (352) 750-3133
                     315 SE 25th Avenue, Ocala, Florida 34471 (352) 789-6720
                     412 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5012

                                                    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 Commerce and Tourism

BILL:           SB 940
INTRODUCER:     Senator Baxley
SUBJECT:        Professional Structural Engineers
DATE:           February 7, 2022                REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Kraemer                          Imhof                                 RI              Favorable
2. Renner                           McKay                                 CM              Favorable
3.                                                                        RC



  I.    Summary:

        SB 940 authorizes the Florida Board of Professional Engineers (board) to establish minimum
        standards of practice for the profession of structural engineering, which includes the structural
        analysis and design of components for threshold buildings (those higher than 50 feet/three stories
        or with an occupancy of greater than 500 persons), including engineering that requires significant
        structural engineering education, training, experience, and examination, as determined by the
        board.

        The bill prohibits, effective March 1, 2024, the practice of professional structural engineering by
        any person who is not a licensed professional structural engineer or otherwise exempted from
        licensure under ch. 471, F.S., relating to engineering.

        Under the bill, the following titles may not be used by persons who are not licensed or exempt
        from licensing under current law relating to engineering: “licensed structural engineer,”
        “professional structural engineer,” or “registered structural engineer,” or any designation that
        indicates a person holds an active license.

        The bill authorizes the board to certify persons as qualified to be licensed to practice professional
        structural engineering if they are licensed or qualify for licensure as an engineer, have at least
        four years of active structural engineering experience under the supervision of a licensed
        professional engineer, have passed certain professional examinations, and meet other
        administrative requirements. The bill also requires the board to certify qualified foreign or out-
        of-state applicants for licensure by endorsement in certain circumstances.

        SB 942, relating to Fees/Professional Structural Engineer Licensing, is linked to this bill, and
        provides for the establishment of licensing fees by the board to be paid by persons seeking
        licensure as a professional structural engineer.
BILL: SB 940                                                                                                   Page 2

          See Section V, Fiscal Impact Statement.

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


    II.   Present Situation:

          Regulation of Professional Engineers

          The practice of engineering is regulated by the board. Section 471.005(7), F.S., defines the term
          “engineering” to include:

                 the term “professional engineering” and means any service or creative
                 work, the adequate performance of which requires engineering education,
                 training, and experience in the application of special knowledge of the
                 mathematical, physical, and engineering sciences to such services or
                 creative work as consultation, investigation, evaluation, planning, and
                 design of engineering works and systems, planning the use of land and
                 water, teaching of the principles and methods of engineering design,
                 engineering surveys, and the inspection of construction for the purpose of
                 determining in general if the work is proceeding in compliance with
                 drawings and specifications, any of which embraces such services or work,
                 either public or private, in connection with any utilities, structures,
                 buildings, machines, equipment, processes, work systems, projects, and
                 industrial or consumer products or equipment of a mechanical, electrical,
                 hydraulic, pneumatic, or thermal nature, insofar as they involve
                 safeguarding life, health, or property; and includes such other professional
                 services as may be necessary to the planning, progress, and completion of
                 any engineering services. A person who practices any branch of
                 engineering; who, by verbal claim, sign, advertisement, letterhead, or card,
                 or in any other way, represents himself or herself to be an engineer or,
                 through the use of some other title, implies that he or she is an engineer or
                 that he or she is licensed under this chapter; or who holds himself or herself
                 out as able to perform, or does perform, any engineering service or work or
                 any other service designated by the practitioner which is recognized as
                 engineering shall be construed to practice or offer to practice engineering
                 within the meaning and intent of this chapter [ch. 471, Engineering].

          Unlike most Department of Business and Professional Regulation (DBPR) professions, the
          administrative, investigative, and prosecutorial services for the board are not provided by the
          DBPR. The DBPR contracts with the Florida Engineers Management Corporation (FEMC), a
          nonprofit corporation, to provide such services.1 The FEMC is a public-private nonprofit
          association that has contracted with the DBPR to handle administrative, investigative, and
          prosecutorial services for the Board of Professional Engineers.2

1
 See s. 471.038, F.S., the Florida Engineers Management Corporation Act, for the duties and authority of the FEMC.
2
 See the Annual Report of the FEMC for FY 2020-2021, available at https://fbpe.org/wp-content/uploads/2021/10/2020-21-
FEMC-Annual-Report.pdf (last visited Feb. 4, 2022), and the contract between the DBPR and the FEMC for the period
BILL: SB 940                                                                                                        Page 3

        Section 471.008, F.S., authorizes the board to adopt rules to implement the provisions of
        ch. 471, F.S., and for ch. 455, F.S., which provides the general licensing procedures for
        professional licensing by the DBPR and its professional licensing boards. The board has adopted
        responsibility rules for the profession of engineering addressing a variety of issues, including the
        design of structures and fire protection systems.3

        There were 62,909 licensed professional engineers in Fiscal Year 2020-2021.4 The FEMC
        processed 231 complaints regarding engineering practice during that period, with 137 of those
        complaints found to be legally sufficient to proceed, and filed 68 administrative complaints in
        cases where probable cause was found relating to a violation of the practice act.5

        Professional Engineer License Qualifications and Exemptions

        Section 471.013, F.S., provides the license qualifications for a professional engineer. In order to
        be licensed as a professional engineer, a person must successfully pass two examinations: the
        fundamentals examination and the principles and practices examination. Prior to being permitted
        to sit for the fundamentals examination, an applicant must have graduated from:
         An approved engineering science curriculum of four years or more in a board-approved
            school, college, or university; or
         An approved engineering technology curriculum of four years or more in a board-approved
            school, college, or university.6

        The FEMC must issue a license to any applicant who the board certifies is qualified to practice
        engineering and who has passed the fundamentals examination and the principles and practice
        examination.7

        Under s. 471.015(2), F.S., the board must certify for licensure any applicant who has submitted
        proof of being at least 18 years old and has the required engineering experience. For graduates of
        an approved engineering science curriculum, the applicant must have a record of at least four
        years of active engineering experience sufficient to indicate competence to be in responsible
        charge of engineering. Graduates of an approved engineering technology curriculum must have a
        record of at least six years of such qualified experience.8



between July 1, 2021 and June 30, 2025 at https://fbpe.org/wp-content/uploads/2021/10/2021-25-DBPR-FEMC-Contract.pdf
(last visited Feb. 4, 2022).
3
  The responsibility rules are in Fla. Admin. Code Chapters 61G15-30, 61G15-31, 61G15-32, and 61G15-33 (2021).
4
  There were 530 inactive professional engineering licenses in that fiscal year. See Department of Business and Professional
Regulation, Annual Report, Fiscal Year 2020-2021, for the Divisions of Certified Public Accounting, Professions, Real
Estate, and Regulation (2020-2021 Annual Report) at p. 20, at
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY2021.pdf (last visited Feb. 4, 2022).
5
  See the Annual Report of the FEMC for FY 2020-2021, at https://fbpe.org/wp-content/uploads/2021/10/2020-21-FEMC-
Annual-Report.pdf, at p. 2 (last visited Feb. 4, 2022). The FEMC also filed 89 Final Orders with the DBPR; entered into
three negotiations, and tried one administrative hearing; dismissed two cases after re-consideration; issued 16 reprimands,
three suspensions, four probations, three project reviews, and three license restrictions; and imposed $44,765.23 in
administrative costs and $58,500 in fines. The board also issued 88 Final Orders against licensees.
6
  Section 471.013(1)(a), F.S.
7
  Section 471.015(1), F.S.
8
  See ss. 471.015(2)(a)1. and 2., F.S.
BILL: SB 940                                                                                                        Page 4

        Section 471.003(2), F.S., identifies those persons who are exempted from the licensing
        requirements of ch. 471, F.S.

        Special Inspectors of Threshold Buildings

        Section 471.015(7), F.S., authorizes the board to establish by rule the qualifications for
        certification of licensees as inspectors of threshold buildings. A “threshold building” is “any
        building which is greater than three stories or 50 feet in height, or which has an assembly
        occupancy classification as defined in the Florida Building Code which exceeds 5,000 square
        feet in area and an occupant content of greater than 500 persons.”9

        The board is also authorized to establish minimum qualifications for the qualified representative
        of the special inspector who is authorized to perform inspections of threshold buildings on behalf
        of the special inspector.10

        The agency charged with enforcing the building code (enforcing agency)11 must require a special
        inspector to perform structural inspections on a threshold building pursuant to a structural
        inspection plan prepared by the engineer or architect of record.12

        Use of Engineer Seals

        Section 471.025(1), F.S., authorizes the board to prescribe, by rule, one or more forms of seal to
        be used by licensed engineers. Each licensee must obtain at least one seal.13 All final drawings,
        specifications, plans, reports, or documents prepared or issued by the licensee and filed for
        public record and all final documents provided to the owner or the owner’s representative must
        be signed by the licensee, dated, and sealed with the seal.14 The signature, date, and seal are
        evidence of the authenticity of the document to which they are affixed.15

        A licensee may not affix or permit to be affixed his or her seal, name, or digital signature to any
        plan, specification, drawing, final bid document, or other document that depicts work which he
        or she is not licensed to perform or which is beyond his or her profession or specialty.16

        A successor engineer seeking to reuse documents previously sealed by another engineer must be
        able to independently re-create all of the work done by the original engineer, and assumes full




9
  See s. 553.71(12), F.S.
10
   See s. 471.015(7), F.S.
11
   See s. 553.71(5), F.S., which defines the term “local enforcement agency” to mean “an agency of local government, a local
school board, a community college board of trustees, or a university board of trustees in the State University System with
jurisdiction to make inspections of buildings and to enforce the codes which establish standards for design, construction,
erection, alteration, repair, modification, or demolition of public or private buildings, structures, or facilities.”
12
   Section 553.79(5)(a), F.S.
13
   Section 471.025(1), F.S.
14
   Id.
15
   Id.
16
   Section 471.025(3), F.S.
BILL: SB 940                                                                                                            Page 5

         professional and legal responsibility by signing and affixing his or her seal to the assumed
         documents.17

         Use of Descriptive Titles

         Section 471.031, F.S., sets forth the permissible and prohibited titles for persons licensed under
         ch. 471, F.S., and for persons who are otherwise exempted from such licensure. With certain
         exceptions for persons exempted from licensure, the use of the name “professional engineer” or
         any other title, designation, abbreviation, or indication that a person holds an active license as an
         engineer when the person is not licensed under ch. 471, F.S., is prohibited, along with use of the
         following titles:
          Agricultural engineer;
          Air-conditioning engineer;
          Architectural engineer;
          Building engineer;
          Chemical engineer;
          Civil engineer;
          Control systems engineer;
          Electrical engineer;
          Environmental engineer;
          Fire protection engineer;
          Industrial engineer;
          Manufacturing engineer;
          Mechanical engineer;
          Metallurgical engineer;
          Mining engineer;
          Minerals engineer;
          Marine engineer;
          Nuclear engineer;
          Petroleum engineer;
          Plumbing engineer;
          Structural engineer;
          Transportation engineer;
          Software engineer;
          Computer hardware engineer; and
          Systems engineer.18

         Any person who violates the provisions commits a misdemeanor of the first degree.19




17
   Section 471.025(4), F.S. The original engineer is released from any professional responsibility or civil liability for work
that is assumed.
18
   See s. 471.031(1)(b), F.S.
19
   Section 471.031(2), F.S. A first degree misdemeanor is punishable by up to a year in county jail and a fine not exceeding
$1,000. Sections 775.082 and 775.083, F.S.
BILL: SB 940                                                                                                      Page 6

        Imposition of Discipline by the Board

        The conduct that constitutes grounds for the imposition of discipline by the board are set forth in
        s. 471.033, F.S. Such discipline includes denial of an application for licensure, suspension or
        revocation of a license, imposition of fines, reprimands, probation, or restitution, and restriction
        of the authorized scope of practice of a licensee.20

        Voluntary Structural Engineer Associations

        The Florida Structural Engineers Association (FSEA) provides input on building codes and
        enforcement and sponsors technical seminars to address common concerns of the profession.21
        Members of FSEA become members of the National Council of Structural Engineers
        Associations (NCSEA).22 The NCSEA was formed to improve the standard level of practice of
        the structural engineering profession and provide an identifiable resource for seeking
        communication with the profession.23 It advocates for the practice of structural engineering on
        behalf of its 44 member organizations.24 According to the NCSEA, two states restrict who may
        use the title “structural engineer,”25 eight states have a partial practice act for structural
        engineers,26 and two states have a full practice act for structural engineers.27

        The National Council of Examiners for Engineering and Surveying is a nonprofit organization
        composed of 69 engineering and surveying licensing boards from all 50 states, the District of
        Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.28 It
        provides services including engineering examinations, surveying examinations, exam preparation
        materials, records programs, and credentials evaluations among other services to licensing
        jurisdictions.29

III.    Effect of Proposed Changes:

        Section 1 amends s. 471.003, F.S., to prohibit, effective March 1, 2024, the practice of
        professional structural engineering by any person who is not a licensed professional structural
        engineer or otherwise exempted from licensure under ch. 471, F.S., related to engineering.

        The bill prohibits the use of the name or title of “licensed structural engineer,” “professional
        structural engineer,” or “registered structural engineer” or any other title that indicates an
        unlicensed person is a licensed professional structural engineer in this state. The bill amends
        s. 471.003(2), F.S., to clarify that certain persons are not required to be licensed as a licensed
        professional structural engineer, and this exemption includes contractors performing work
        designed by a professional structural engineer.

20
   Section 471.033(3), F.S.
21
   See http://www.flsea.com/ and https://flsea.com/Messages_from_the_President (last visited Feb. 4, 2022).
22
   Id.
23
   See http://www.ncsea.com/about/ (last visited Feb. 4, 2022).
24
   Id.
25
   Idaho and Nebraska. See http://www.ncsea.com/resources/licensure/ (last visited Feb. 4, 2022).
26
   Alaska, California, Georgia, Nevada, Oklahoma, Oregon, Utah, and Washington. Id.
27
   Illinois and Hawaii. Id.
28
   See The National Council of Examiners for Engineering and Surveying (ncees.org) (last visited Feb. 4, 2022).
29
   Id.
BILL: SB 940                                                                                                            Page 7


         Section 2 amends s. 471.005, F.S., to define the term “professional structural engineer” to mean
         a person who is licensed to engage in the practice of professional structural engineering in
         Florida under ch. 471, F.S.

         The bill defines the term “professional structural engineering” to mean a service or creative work
         that includes the structural analysis and design of structural components or systems for threshold
         buildings.30 The term includes engineering that requires significant structural engineering
         education, training, experience, and examination, as determined by the board.

         The bill allows a retired professional structural engineer to be granted use of the title
         “professional engineer, retired” or “professional structural engineer, retired” by the board, if the
         retiree has:
          Been licensed as a professional engineer by the board;
          Relinquished or not renewed a license; and
          Applied to and been approved by the board to use such title.

         Section 3 amends s. 471.013(2)(a), F.S., relating to licensure, to include a reference to licensed
         professional structural engineers.

         Section 4 amends s. 471.015, F.S., to authorize the FEMC to license a person it certifies is
         qualified to practice professional structural engineering if they are licensed or qualify for
         licensure as an engineer, have at least four years of active professional structural engineering
         experience under the supervision of a licensed professional engineer, have passed certain
         professional examinations, and meet other administrative requirements.

         Under the bill, an applicant for licensure as a professional structural engineer must:
          Be licensed as an engineer, or qualify for licensure, under ch. 471, F.S.;
          Submit an application in the format prescribed by the board;
          Provide satisfactory evidence of good moral character, as defined by the board;
          Provide a record of four years of active professional structural engineering experience, as
            defined by the board, under the supervision of a licensed professional engineer; and
          Have successfully passed the 16-hour National Council of Examiners for Engineering and
            Surveying Structural Engineering examination.

         Before March 1, 2024, a qualified applicant may satisfy the 16-hour examination requirement
         by:
          Submitting a signed affidavit in the format prescribed by the board that states the applicant is
             currently a licensed engineer in Florida and has been engaged in the practice of structural
             engineering with a record of at least four years of active structural engineering design
             experience;
          Possessing a current professional engineering license and filing the necessary documentation
             as required by the board, or possessing a current threshold inspector license; and

30
  Section 553.71(12), F.S., provides a “threshold building” is “any building which is greater than three stories or 50 feet in
height, or which has an assembly occupancy classification as defined in the Florida Building Code which exceeds 5,000
square feet in area and an occupant content of greater than 500 persons.”
BILL: SB 940                                                                                                        Page 8

            Agreeing to meet with the board or its representative, at the board’s request, for the purpose
             of evaluating the applicant’s qualifications for licensure.

        An applicant who qualifies for licensure as an engineer may simultaneously apply for licensure
        as a professional structural engineer, if all the above requirements and all education,
        examination, experience, and good moral character requirements set forth in s. 471.013, F.S., are
        met.

        The bill sets forth the following requirements for board certification of an applicant as qualified
        for licensure as a professional structural engineer by endorsement:
         An applicant who holds a license to practice either engineering or professional structural
            engineering issued by another state or territory of the United States, if the criteria for
            issuance of the license were substantially the same as the licensure criteria that existed in
            Florida at the time the license was issued; or
         An applicant who holds a valid license to practice professional structural engineering issued
            by another state or territory of the United States and who has successfully passed one of the
            following 16-hour examination combinations:
                    o The 8-hour National Council of Examiners for Engineering and Surveying31
                        Structural Engineering I examination and the 8-hour National Council of
                        Examiners for Engineering and Surveying Structural Engineering II examination.
                    o The 8-hour National Council of Examiners for Engineering and Surveying
                        Structural Engineering II examination and either the 8-hour National Council of
                        Examiners for Engineering and Surveying Civil: Structural examination or the 8-
                        hour National Council of Examiners for Engineering and Surveying Architectural
                        Engineering examination.
                    o The 16-hour Western States Structural Engineering examination.
                    o The 8-hour National Council of Examiners for Engineering and Surveying
                        Structural Engineering II examination, and either the 8-hour California Structural
                        Engineering Seismic III examination, or the 8-hour Washington Structural
                        Engineering III examination.

        Section 5 amends s. 471.019, F.S., relating to reinstatement of void licenses, to include a
        reference to licensed professional structural engineers.

        Section 6 amends s. 471.025(2), F.S., regarding the use of seals on documents, to include a
        reference to the use of seals when a professional structural engineer’s license is revoked or
        suspended.

        Section 7 amends s. 471.031, F.S., to provide that beginning March 1, 2024, no person may
        practice professional structural engineering unless the person is licensed as a professional
        structural engineer or exempt from licensure under ch. 471, F.S. The bill also provides that the

31
  The National Council of Examiners for Engineering and Surveying (NCEES) is a nonprofit organization dedicated to
advancing professional licensure for engineers and surveyors. In the United States, engineers and surveyors are licensed at
the state and territory level. NCEES was created in 1920 and provides services for licensure and facilitation of mobility
among licensing jurisdictions, including the development and scoring of examinations for licensure. See National Council of
Examiners for Engineering and Surveying, Advancing Licensure for Engineers and Surveyors, available at
https://ncees.org/about/ (last visited Jan. 19, 2022).
BILL: SB 940                                                                                              Page 9

           following titles may not be used by persons who are not licensed, or otherwise exempt from
           licensing, under ch. 471, F.S., relating to engineering: “licensed structural engineer,”
           “professional structural engineer,” “registered structural engineer,” or “structural engineer.”

           Section 8 amends s. 471.033, F.S., related to disciplinary proceedings, to revise the acts that
           constitute grounds for discipline, to include acts related to the practice of professional structural
           engineering.

           Section 9 amends s. 471.037(1), F.S., related to the construction of provisions in ch. 471, F.S., to
           provide that local building codes, zoning laws, or ordinances may be more restrictive concerning
           the services of licensed professional structural engineers.

           Section 10 amends s. 471.0385, F.S., related to certain authorizations granted to the Governor.
           The bill grants authority to the Governor to reestablish positions, budget authority, and salary
           rate necessary to carry out the DBPR’s responsibilities relating to “professional structural
           engineers,” in the event the Florida Engineers Management Corporation Act32 is held to be
           unconstitutional or to violate state or federal antitrust laws.

           Section 11 provides an effective date of July 1, 2022.

           The bill also includes technical drafting changes and conforming changes.

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.




32
     See s. 471.038, F.S.
 BILL: SB 940                                                                                                                         Page 10

  V.    Fiscal Impact Statement:

        A.       Tax/Fee Issues:

                 None.

        B.       Private Sector Impact:

                 Beginning March 1, 2024, persons who are licensed engineers in Florida and those who
                 perform work that comes within the definition in the bill for “professional structural
                 engineering” will be required to obtain additional licensing to perform such work.

        C.       Government Sector Impact:

                 The creation of an additional licensing and regulatory structure for professional structural
                 engineers may result in a fiscal impact to the DBPR or the FEMC. To date, no analysis
                 by the DBPR or the FEMC of the impact of the bill on their respective operations,
                 revenue, and expenditures has been provided.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        SB 942, relating to Fees/Professional Structural Engineer Licensing, is linked to this bill.

VIII.   Statutes Affected:

        This bill substantially amends the following sections of the Florida Statutes: 471.003, 471.005,
        471.013, 471.015, 471.019, 471.025, 471.031, 471.033, 471.037, and 471.0385.

 IX.    Additional Information:

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

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2022                                         SB 940          Florida Senate - 2022                                         SB 940



       By Senator Baxley




       12-00812A-22                                               2022940__          12-00812A-22                                              2022940__
1                              A bill to be entitled                          30          ss. 471.037 and 471.0385, F.S.; conforming provisions
2           An act relating to professional structural engineers;             31          to changes made by the act; providing an effective
3           amending s. 471.003, F.S.; prohibiting a person who is            32          date.
4           not licensed as an engineer from using a specified                33
5           name or title; prohibiting, after a date certain,                 34     Be It Enacted by the Legislature of the State of Florida:
6           specified persons from using specified names and                  35
7           titles or practicing professional structural                      36          Section 1. Subsections (1) and (2) of section 471.003,
8           engineering; exempting certain persons from licensing             37     Florida Statutes, are amended to read:
9           requirements; amending s. 471.005, F.S.; providing and            38          471.003 Qualifications for practice; exemptions.—
10          revising definitions; amending s. 471.013, F.S.;                  39          (1)(a) No person other than a duly licensed engineer shall
11          authorizing the Board of Professional Engineers to                40     practice engineering or use the name or title of “licensed
12          refuse to certify an applicant for a professional                 41     engineer,” “professional engineer,” or “registered engineer” or
13          structural engineer license for certain reasons;                  42     any other title, designation, words, letters, abbreviations, or
14          amending s. 471.015, F.S.; providing licensure and                43     device tending to indicate that such person holds an active
15          application requirements for a professional structural            44     license as an engineer in this state.
16          engineer license; exempting certain applicants who                45          (b) Effective March 1, 2024, only a person who is a duly
17          apply for licensure before a date certain from having             46     licensed professional structural engineer shall engage in the
18          to pass a certain national examination, under certain             47     practice of professional structural engineering or use the name
19          conditions; requiring the board to certify certain                48     or title of “licensed structural engineer,” “professional
20          applicants for licensure by endorsement; amending ss.             49     structural engineer,” or “registered structural engineer” or any
21          471.019 and 471.025, F.S.; conforming provisions to               50     other title, designation, words, letters, abbreviations, or
22          changes made by the act; amending s. 471.031, F.S.;               51     device tending to indicate that such person holds an active
23          prohibiting certain persons from practicing                       52     license as a professional structural engineer in this state.
24          professional structural engineering after a date                  53          (2) The following persons are not required to be licensed
25          certain; prohibiting specified persons from using                 54     under the provisions of this chapter as a licensed engineer or a
26          specified names and titles; amending s. 471.033, F.S.;            55     licensed professional structural engineer:
27          specifying acts that constitute grounds for                       56          (a) Any person practicing engineering for the improvement
28          disciplinary action, including civil penalties,                   57     of, or otherwise affecting, property legally owned by her or
29          against a professional structural engineer; amending              58     him, unless such practice involves a public utility or the

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59     public health, safety, or welfare or the safety or health of           88      foreman or superintendent.
60     employees. This paragraph may shall not be construed as                89           (g) A licensed surveyor and mapper who takes, or contracts
61     authorizing the practice of engineering through an agent or            90      for, professional engineering services incidental to her or his
62     employee who is not duly licensed under the provisions of this         91      practice of surveying and mapping and who delegates such
63     chapter.                                                               92      engineering services to a licensed professional engineer
64          (b)1. A person acting as a public officer employed by any         93      qualified within her or his firm or contracts for such
65     state, county, municipal, or other governmental unit of this           94      professional engineering services to be performed by others who
66     state when working on any project the total estimated cost of          95      are licensed professional engineers under the provisions of this
67     which is $10,000 or less.                                              96      chapter.
68          2. Persons who are employees of any state, county,                97           (h) Any electrical, plumbing, air-conditioning, or
69     municipal, or other governmental unit of this state and who are        98      mechanical contractor whose practice includes the design and
70     the subordinates of a person in responsible charge licensed            99      fabrication of electrical, plumbing, air-conditioning, or
71     under this chapter, to the extent that the supervision meets           100     mechanical systems, respectively, which she or he installs by
72     standards adopted by rule of the board.                                101     virtue of a license issued under chapter 489, under former part
73          (c) Regular full-time employees of a corporation not              102     I of chapter 553, Florida Statutes 2001, or under any special
74     engaged in the practice of engineering as such, whose practice         103     act or ordinance when working on any construction project which:
75     of engineering for such corporation is limited to the design or        104          1. Requires an electrical or plumbing or air-conditioning
76     fabrication of manufactured products and servicing of such             105     and refrigeration system with a value of $125,000 or less; and
77     products.                                                              106          2.a. Requires an aggregate service capacity of 600 amperes
78          (d) Regular full-time employees of a public utility or            107     (240 volts) or less on a residential electrical system or 800
79     other entity subject to regulation by the Florida Public Service       108     amperes (240 volts) or less on a commercial or industrial
80     Commission, Federal Energy Regulatory Commission, or Federal           109     electrical system;
81     Communications Commission.                                             110          b. Requires a plumbing system with fewer than 250 fixture
82          (e) Employees of a firm, corporation, or partnership who          111     units; or
83     are the subordinates of a person in responsible charge, licensed       112          c. Requires a heating, ventilation, and air-conditioning
84     under this chapter.                                                    113     system not to exceed a 15-ton-per-system capacity, or if the
85          (f) Any person as contractor in the execution of work             114     project is designed to accommodate 100 or fewer persons.
86     designed by a professional engineer or a professional structural       115          (i) Any general contractor, certified or registered
87     engineer or in the supervision of the construction of work as a        116     pursuant to the provisions of chapter 489, when negotiating or

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117     performing services under a design-build contract as long as the       146     training, experience, and examination, as determined by the
118     engineering services offered or rendered in connection with the        147     board.
119     contract are offered and rendered by an engineer or a                  148           (12)(10) “Retired professional engineer,” or “professional
120     professional structural engineer licensed under in accordance          149     engineer, retired,” “retired professional structural engineer,”
121     with this chapter.                                                     150     or “professional structural engineer, retired” means a person
122          (j) Any defense, space, or aerospace company, whether a           151     who has been duly licensed as a professional engineer by the
123     sole proprietorship, firm, limited liability company,                  152     board and who chooses to relinquish or not to renew his or her
124     partnership, joint venture, joint stock association,                   153     license and applies to and is approved by the board to be
125     corporation, or other business entity, subsidiary, or affiliate,       154     granted the title “Professional Engineer, Retired” or
126     or any employee, contract worker, subcontractor, or independent        155     “Professional Structural Engineer, Retired.”
127     contractor of the defense, space, or aerospace company who             156           Section 3. Paragraph (a) of subsection (2) of section
128     provides engineering for aircraft, space launch vehicles, launch       157     471.013, Florida Statutes, is amended to read:
129     services, satellites, satellite services, or other defense,            158           471.013 Examinations; prerequisites.—
130     space, or aerospace-related product or services, or components         159           (2)(a) The board may refuse to certify an applicant for
131     thereof.                                                               160     failure to satisfy the requirement of good moral character only
132          Section 2. Subsections (10) through (12) of section               161     if:
133     471.005, Florida Statutes, are renumbered as subsections (12)          162           1. There is a substantial connection between the lack of
134     through (14), respectively, present subsection (10) is amended,        163     good moral character of the applicant and the professional
135     and new subsections (10) and (11) are added to that section, to        164     responsibilities of a licensed engineer or licensed professional
136     read:                                                                  165     structural engineer; and
137          471.005 Definitions.—As used in this chapter, the term:           166           2. The finding by the board of lack of good moral character
138          (10) “Professional structural engineer” means a person who        167     is supported by clear and convincing evidence.
139     is licensed to engage in the practice of professional structural       168           Section 4. Subsections (3) through (7) of section 471.015,
140     engineering under this chapter.                                        169     Florida Statutes, are renumbered as subsections (4) through (8),
141          (11) “Professional structural engineering” means a service        170     respectively, present subsection (3) is amended, and a new
142     or creative work that includes the structural analysis and             171     subsection (3) is added to that section, to read:
143     design of structural components or systems for threshold               172           471.015 Licensure.—
144     buildings as defined in s. 553.71. The term includes engineering       173           (3)(a) The management corporation shall issue a
145     which requires significant structural engineering education,           174     professional structural engineer license to any applicant whom

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175     the board certifies as qualified to practice professional              204          (c) An applicant who qualifies for licensure as an engineer
176     structural engineering and who meets all of the following              205     under s. 471.013 may simultaneously apply for licensure as a
177     requirements:                                                          206     professional structural engineer if all requirements of s.
178          1. Is licensed under this chapter as an engineer or is            207     471.013 and this subsection are met.
179     qualified for licensure as an engineer.                                208          (4)(3) The board shall certify as qualified for a license
180          2. Submits an application in the format prescribed by the         209     by endorsement an applicant who:
181     board.                                                                 210          (a) In engineering, by endorsement, an applicant who
182          3. Provides satisfactory evidence of good moral character,        211     qualifies to take the fundamentals examination and the
183     as defined by the board.                                               212     principles and practice examination as set forth in s. 471.013,
184          4. Provides a record of 4 years of active structural              213     has passed a United States national, regional, state, or
185     engineering experience, as defined by the board, under the             214     territorial licensing examination that is substantially
186     supervision of a licensed professional engineer.                       215     equivalent to the fundamentals examination and principles and
187          5. Has successfully passed the 16-hour National Council of        216     practice examination required by s. 471.013, and has satisfied
188     Examiners for Engineering and Surveying Structural Engineering         217     the experience requirements set forth in paragraph (2)(a) and s.
189     examination.                                                           218     471.013; or
190          (b) Before March 1, 2024, an applicant who satisfies the          219          (b) In engineering or professional structural engineering,
191     requirements of subparagraphs (a)1.-4. may satisfy subparagraph        220     by endorsement, an applicant who holds a valid license to
192     (a)5. by:                                                              221     practice engineering or, for professional structural
193          1. Submitting a signed affidavit in the format prescribed         222     engineering, an applicant who holds a valid license to practice
194     by the board which states that the applicant is currently a            223     professional structural engineering, issued by another state or
195     licensed engineer in this state and has been engaged in the            224     territory of the United States, if the criteria for issuance of
196     practice of structural engineering with a record of at least 4         225     the license were substantially the same as the licensure
197     years of active structural engineering design experience;              226     criteria that existed in this state at the time the license was
198          2. Possessing a current professional engineering license          227     issued; or
199     and filing the necessary documentation as required by the board,       228          (c) In professional structural engineering, by endorsement,
200     or possessing a current threshold inspector license; and               229     an applicant who holds a valid license to practice professional
201          3. Agreeing to meet with the board or a representative of         230     structural engineering issued by another state or territory of
202     the board, upon the board’s request, for the purpose of                231     the United States and who has successfully passed one of the
203     evaluating the applicant’s qualifications for licensure.               232     following 16-hour examination combinations:

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        12-00812A-22                                               2022940__           12-00812A-22                                              2022940__
233          1. The 8-hour National Council of Examiners for Engineering       262          471.025 Seals.—
234     and Surveying Structural Engineering I examination and the 8-          263          (2) It is unlawful for any person to seal or digitally sign
235     hour National Council of Examiners for Engineering and Surveying       264     any document with a seal or digital signature after his or her
236     Structural Engineering II examination.                                 265     license has expired or been revoked or suspended, unless such
237          2. The 8-hour National Council of Examiners for Engineering       266     license is has been reinstated or reissued. When an engineer’s
238     and Surveying Structural Engineering II examination and either         267     or a professional structural engineer’s license is has been
239     the 8-hour National Council of Examiners for Engineering and           268     revoked or suspended by the board, the licensee shall, within a
240     Surveying Civil: Structural examination or the 8-hour National         269     period of 30 days after the revocation or suspension has become
241     Council of Examiners for Engineering and Surveying Architectural       270     effective, surrender his or her seal to the executive director
242     Engineering examination.                                               271     of the board and confirm to the executive director the
243          3. The 16-hour Western States Structural Engineering              272     cancellation of the licensee’s digital signature in accordance
244     examination.                                                           273     with ss. 668.001-668.006. In the event the engineer’s license
245          4. The 8-hour National Council of Examiners for Engineering       274     has been suspended for a period of time, his or her seal shall
246     and Surveying Structural Engineering II examination and either         275     be returned to him or her upon expiration of the suspension
247     the 8-hour California Structural Engineering Seismic III               276     period.
248     examination or the 8-hour Washington Structural Engineering III        277          Section 7. Paragraphs (b) through (g) of subsection (1) of
249     examination.                                                           278     section 471.031, Florida Statutes, are redesignated as
250          Section 5. Section 471.019, Florida Statutes, is amended to       279     paragraphs (c) through (h), respectively, present paragraph (b)
251     read:                                                                  280     of that subsection is amended, and a new paragraph (b) is added
252          471.019 Reactivation.—The board shall establish by rule a         281     to that subsection, to read:
253     reinstatement process for void licenses. The rule shall                282          471.031 Prohibitions; penalties.—
254     prescribe appropriate continuing education requirements for            283          (1) A person may not:
255     reactivating a license. The continuing education requirements          284          (b) Beginning March 1, 2024, practice professional
256     for reactivating a license for a licensed engineer or a licensed       285     structural engineering unless the person is licensed as a
257     professional structural engineer may not exceed the continuing         286     professional structural engineer or is exempt from licensure
258     education requirements prescribed pursuant to s. 471.017 for           287     under this chapter.
259     each year the license was inactive.                                    288          (c)(b)1. Except as provided in subparagraph 2. or
260          Section 6. Subsection (2) of section 471.025, Florida             289     subparagraph 3., use the name or title “professional engineer”
261     Statutes, is amended to read:                                          290     or any other title, designation, words, letters, abbreviations,

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291     or device tending to indicate that such person holds an active         320     structural engineer,” or “structural engineer,” and if that
292     license as an engineer when the person is not licensed under           321     person is a graduate from an approved engineering curriculum of
293     this chapter, including, but not limited to, the following             322     4 years or more in a school, college, or university which has
294     titles: “agricultural engineer,” “air-conditioning engineer,”          323     been approved by the board.
295     “architectural engineer,” “building engineer,” “chemical               324          Section 8. Paragraphs (b) through (e) and (g) of subsection
296     engineer,” “civil engineer,” “control systems engineer,”               325     (1) and subsection (4) of section 471.033, Florida Statutes, are
297     “electrical engineer,” “environmental engineer,” “fire                 326     amended to read:
298     protection engineer,” “industrial engineer,” “manufacturing            327          471.033 Disciplinary proceedings.—
299     engineer,” “mechanical engineer,” “metallurgical engineer,”            328          (1) The following acts constitute grounds for which the
300     “mining engineer,” “minerals engineer,” “marine engineer,”             329     disciplinary actions in subsection (3) may be taken:
301     “nuclear engineer,” “petroleum engineer,” “plumbing engineer,”         330          (b) Attempting to procure a license to practice engineering
302     “structural engineer,” “transportation engineer,” “software            331     or professional structural engineering by bribery or fraudulent
303     engineer,” “computer hardware engineer,” or “systems engineer.”        332     misrepresentations.
304          2. Any person who is exempt from licensure under s.               333          (c) Having a license to practice engineering or
305     471.003(2)(j) may use the title or personnel classification of         334     professional structural engineering revoked, suspended, or
306     “engineer” in the scope of his or her work under that exemption        335     otherwise acted against, including the denial of licensure, by
307     if the title does not include or connote the term “professional        336     the licensing authority of another state, territory, or country,
308     engineer,” “registered engineer,” “licensed engineer,”                 337     for any act that would constitute a violation of this chapter or
309     “registered professional engineer,” or “licensed professional          338     chapter 455.
310     engineer,” “licensed structural engineer,” “professional               339          (d) Being convicted or found guilty of, or entering a plea
311     structural engineer,” or “registered structural engineer.”             340     of nolo contendere to, regardless of adjudication, a crime in
312          3. Any person who is exempt from licensure under s.               341     any jurisdiction which directly relates to the practice of
313     471.003(2)(c) or (e) may use the title or personnel                    342     engineering, professional structural engineering, or the ability
314     classification of “engineer” in the scope of his or her work           343     to practice engineering or professional structural engineering.
315     under that exemption if the title does not include or connote          344          (e) Making or filing a report or record that the licensee
316     the term “professional engineer,” “registered engineer,”               345     knows to be false, willfully failing to file a report or record
317     “licensed engineer,” “registered professional engineer,” or            346     required by state or federal law, willfully impeding or
318     “licensed professional engineer,” “licensed structural                 347     obstructing such filing, or inducing another person to impede or
319     engineer,” “professional structural engineer,” “registered             348     obstruct such filing. Such reports or records include only those

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349     that are signed in the capacity of a licensed engineer or              378          Section 11. This act shall take effect July 1, 2022.
350     licensed professional structural engineer.
351          (g) Engaging in fraud or deceit, negligence, incompetence,
352     or misconduct, in the practice of engineering or professional
353     structural engineering.
354          (4) The management corporation shall reissue the license of
355     a disciplined engineer, professional structural engineer, or
356     business upon certification by the board that the disciplined
357     person has complied with all of the terms and conditions set
358     forth in the final order.
359          Section 9. Subsection (1) of section 471.037, Florida
360     Statutes, is amended to read:
361          471.037 Effect of chapter locally.—
362          (1) Nothing contained in this chapter shall be construed to
363     repeal, amend, limit, or otherwise affect any local building
364     code or zoning law or ordinance, now or hereafter enacted, which
365     is more restrictive with respect to the services of licensed
366     engineers or licensed professional structural engineers than the
367     provisions of this chapter.
368          Section 10. Subsection (3) of section 471.0385, Florida
369     Statutes, is amended to read:
370          471.0385 Court action; effect.—If any provision of s.
371     471.038 is held to be unconstitutional or is held to violate the
372     state or federal antitrust laws, the following shall occur:
373          (3) The Executive Office of the Governor, notwithstanding
374     chapter 216, is authorized to reestablish positions, budget
375     authority, and salary rate necessary to carry out the
376     department’s responsibilities related to the regulation of
377     professional engineers and professional structural engineers.

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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 942
INTRODUCER:     Regulated Industries Committee and Senator Baxley
SUBJECT:        Fees/Professional Structural Engineer Licensing
DATE:           February 7, 2022                REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Kraemer                          Imhof                                 RI              Fav/CS
2. Renner                           McKay                                 CM              Favorable
3.                                                                        AP



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




  I.    Summary:

        CS/SB 942 authorizes the Board of Professional Engineers (board) to establish fees for licensing
        of professional structural engineers.

        SB 940, relating to professional structural engineers, is a linked bill that requires the board to
        determine whether applicants seeking to practice professional structural engineering are licensed
        or qualify for licensure as an engineer, have at least four years of active professional structural
        engineering experience under the supervision of a licensed professional engineer, have passed
        certain professional examinations, and meet other administrative requirements. The linked bill
        also addresses other issues related to professional structural engineers.

        See Section V, Fiscal Impact Statement.

        The bill is effective on the same date that SB 940 or similar legislation takes effect, if such
        legislation is adopted in the same legislative session or any extension and becomes a law.
BILL: CS/SB 942                                                                                         Page 2

    II.   Present Situation:

          Linked Bill SB 940

          This bill is linked to SB 940, relating to professional structural engineers, which amends
          s. 471.015(3), F.S. Under the linked bill, the board is authorized to certify persons as qualified to
          practice professional structural engineering if they are licensed or qualify for licensure as an
          engineer, have at least four years of active professional structural engineering experience under
          the supervision of a licensed professional engineer, have passed certain professional
          examinations, and meet other administrative requirements.

          In addition, the linked bill provides an applicant for licensure as a professional structural
          engineer must:
           Be licensed as an engineer, or qualify for licensure, under ch. 471, F.S.;
           Submit an application in the format prescribed by the board;
           Provide satisfactory evidence of good moral character, as defined by the board;
           Provide a record of four years of active professional structural engineering experience, as
              defined by the board, under the supervision of a licensed professional engineer; and
           Have successfully passed the 16-hour National Council of Examiners for Engineering and
              Surveying Structural Engineering examination.

          Fees

          Section 471.011, F.S., authorizes the board to establish fees, by rule, to be paid for applications,
          examination, reexamination, licensing, renewal, reactivation, inactive status applications, and
          recordmaking and recordkeeping. Qualification of a business organization must not require
          payment of a fee.1

          Licensure fees may not exceed the following amounts:
           Initial license - $125;2
           Biennial renewal - $125;3
           Temporary registration or certificate - $25 for an individual or $50 for a business firm;4
           Licensure by endorsement - $150; 5or
           Application for inactive status or for reactivation of an inactive license must - $150.6

III.      Effect of Proposed Changes:

          Section 1 amends s. 471.011, F.S., to provide that fees for license applications, temporary
          licenses, license renewals, inactive licenses, examinations, and records are also applicable to the
          regulation of professional structural engineers.


1
  Section 471.011(4), F.S.
2
  Section 471.011(3), F.S.
3
  Section 471.011(5), F.S.
4
  Section 471.011(6), F.S.
5
  Section 471.011(7), F.S.
6
  Section 471.011(8), F.S.
BILL: CS/SB 942                                                                                    Page 3

      Section 2 amends subsection s. 471.015(3), F.S., as amended in linked bill SB 940, to require
      payment by applicants seeking licensure to practice professional structural engineering, of a fee
      to be established by the board.

      Section 3 provides the bill takes effect on the same date that SB 940 or similar legislation takes
      effect, if such legislation is adopted in the same legislative session or any extension and becomes
      a law.

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:

             Section 19, Art. VII of the State Constitution limits the authority of the legislature to
             enact legislation that imposes or raises a state tax or fee by requiring such legislation to
             be approved by a 2/3 vote of each chamber of the legislature. Such state tax or fee
             imposed, authorized, or raised must be contained in a separate bill that contains no other
             subject.

             For purposes of this limitation, the term “fee” is defined, in pertinent part, to mean any
             charge or payment required by law, including any fee for service, fee or cost for licenses,
             and charge for service.

             The bill authorizes board to adopt, by rule, fees for applications, examination,
             reexamination, licensing and renewal, inactive status application and reactivation of
             inactive licenses, and recordmaking and recordkeeping, as well as a delinquency, and for
             a temporary registration or certificate to practice professional structural engineering.
             Because the board does not have the authority for fees for professional structural
             engineers or professional structural engineering under current law, the provisions of
             Section 19, Art. VII of the State Constitution appear to apply, requiring this legislation to
             be approved by a 2/3 vote of each house of the legislature.

      E.     Other Constitutional Issues:

             None.
 BILL: CS/SB 942                                                                                                         Page 4

  V.      Fiscal Impact Statement:

          A.       Tax/Fee Issues:

                   The bill requires the board to establish a fee for licensure as a professional structural
                   engineer, as authorized in s. 471.011, F.S.

          B.       Private Sector Impact:

                   Beginning March 1, 2024, persons who are licensed engineers in Florida and those who
                   perform work that comes within the definition in SB 940 for “professional structural
                   engineering” (i.e., work that includes structural analysis and design of structural
                   components or systems for threshold buildings) will be required to obtain additional
                   licensing as a professional structural engineer to perform such work and pay the fee for
                   such licensing established by the board.

          C.       Government Sector Impact:

                   Unlike most Department of Business and Professional Regulation (DBPR) professions,
                   the administrative, investigative, and prosecutorial services for the board are not provided
                   by the DBPR. The DBPR contracts with the Florida Engineers Management Corporation
                   (FEMC), a nonprofit corporation, to provide such services.7

                   The creation of an additional licensing and regulatory structure for professional structural
                   engineers may result in a fiscal impact to the DBPR or the FEMC. To date, no analysis
                   by the DBPR or the FEMC of the impact of the bill on their respective operations,
                   revenue, and expenditures has been provided.

 VI.      Technical Deficiencies:

          None.

VII.      Related Issues:

          None.

VIII.     Statutes Affected:

          This bill substantially amends the following sections of the Florida Statutes: 471.011 and
          471.015.




 7
   The FEMC is a public-private nonprofit association that has contracted with the DBPR to handle administrative,
 investigative, and prosecutorial services for the Board of Professional Engineers See s. 471.038, F.S., for the duties and
 authority of the FEMC.
BILL: CS/SB 942                                                                                                                     Page 5

IX.   Additional Information:

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

               CS by Regulated Industries Committee on January 25, 2022:
               The CS inserts the bill number for the linked bill, SB 940, Professional Structural
               Engineers, into the bill.

      B.       Amendments:

               None.

       This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2022                                     CS for SB 942          Florida Senate - 2022                                  CS for SB 942



       By the Committee on Regulated Industries; and Senator Baxley




       580-02291-22                                                  2022942c1          580-02291-22                                               2022942c1
 1                              A bill to be entitled                            30     471.015, Florida Statutes, as amended by SB 940 or similar
 2             An act relating to fees; amending s. 471.011, F.S.;               31     legislation, is amended to read:
 3             authorizing the Board of Professional Engineers to                32          471.015 Licensure.—
 4             establish fees relating to professional structural                33          (3)(a) The management corporation shall issue a
 5             engineer licensing; amending s. 471.015, F.S.;                    34     professional structural engineer license to any applicant whom
 6             requiring applicants to pay a specified fee to be                 35     the board certifies as qualified to practice professional
 7             eligible to receive a professional structural engineer            36     structural engineering and who meets all of the following
 8             license; providing a contingent effective date.                   37     requirements:
 9                                                                               38          1. Is licensed under this chapter as an engineer or is
10     Be It Enacted by the Legislature of the State of Florida:                 39     qualified for licensure as an engineer.
11                                                                               40          2. Submits an application in the format prescribed by the
12             Section 1. Subsections (1) and (6) of section 471.011,            41     board.
13     Florida Statutes, are amended to read:                                    42          3. Provides satisfactory evidence of good moral character,
14             471.011 Fees.—                                                    43     as defined by the board.
15             (1) The board by rule may establish fees to be paid for           44          4. Provides a record of 4 years of active structural
16     applications, examination, reexamination, licensing and renewal,          45     engineering experience, as defined by the board, under the
17     inactive status application and reactivation of inactive                  46     supervision of a licensed professional engineer.
18     licenses, and recordmaking and recordkeeping. The board may also          47          5. Has successfully passed the 16-hour National Council of
19     establish by rule a delinquency fee. The board shall establish            48     Examiners for Engineering and Surveying Structural Engineering
20     fees that are adequate to ensure the continued operation of the           49     examination.
21     board. Fees shall be based on department estimates of the                 50          6. Pays a fee established by the board under s. 471.011.
22     revenue required to implement this chapter and the provisions of          51          Section 3. This act shall take effect on the same date that
23     law with respect to the regulation of engineers and professional          52     SB 940 or similar legislation takes effect, if such legislation
24     structural engineers.                                                     53     is adopted in the same legislative session or an extension
25             (6) The fee for a temporary registration or certificate to        54     thereof and becomes a law.
26     practice engineering or professional structural engineering
27     shall not exceed $25 for an individual or $50 for a business
28     firm.
29             Section 2. Paragraph (a) of subsection (3) of section

                                     Page 1 of 2                                                                     Page 2 of 2
     CODING: Words stricken are deletions; words underlined are additions.            CODING: Words stricken are deletions; words underlined are additions.
                                          The Florida Senate

                           Committee Agenda Request




To:            Senator Ed Hooper, Chair
               Committee on Commerce and Tourism

Subject:       Committee Agenda Request

Date:          February 2, 2022


I respectfully request that Senate Bill #1018, relating to Private Investigative and Security
Services, be placed on the:

               committee agenda at your earliest possible convenience.

               next committee agenda.




                                              Senator Danny Burgess
                                              Florida Senate, District 20




File signed original with committee office                                             S-020 (03/2004)
                                                                               January 24, 2022

Agency Affected:       Dept. of Agriculture and Consumer Services       Telephone: 850-617-7000

Agency Contact:        Carlos Nathan, Legislative Affairs Director      Telephone: 850-617-7700


Senate Bill Number: 1018                               Senate Bill Sponsor: Senator Burgess

Bill Title: Private Investigative and Security Services

Effective Date: July 1, 2022

Similar Bill(s): Yes     No
Similar Bill(s):

Identical Bill: Yes   No
Identical Bill: HB 1509 by Byrd

1. SUMMARY
   The bill amends section 493.6115:
       (2)(b)1 - Allows a Class “C” licensee who does not have a Class “G” license to bear a
           firearm if the licensee has a license to carry concealed firearms pursuant to s.
           790.06.
       (2)(b)2 - Allows a private investigator, private investigator intern, security officer, or
           manager to carry a concealed weapon while on duty without either a Class “G”
           license or a concealed weapon or firearm license if the investigator/intern/security
           officer/manager is a retired law enforcement officer with 10 years’ experience and
           maintains his/her annual firearms proficiency pursuant to the federal Law
           Enforcement Officer Safety Act (LEOSA).
       (2)(b)3 - Allows a private investigator, private investigator intern, security officer, or
           manager to carry a concealed weapon while on duty without either a class “G”
           license or a concealed weapon or firearm license if the investigator/intern/security
           officer/manager is an active law enforcement officer who maintains his/her annual
           firearms proficiency required by his/her agency.
       (4)(a)1 - Allows a private investigator or private investigator intern who is 21 years of
           age or older to carry a concealed firearm while on duty if he/she has been issued a
           Class “G” license OR has a license to carry concealed firearms OR who meets the
           requirements of subparagraph (2)(b)2.
          (4)(a)2 - Allows a security officer who is 21 years of age or older to carry a concealed
           firearm while on duty under conditions specified in s. 493.6305(3) and (4) if he/she
           has been issued a Class “G” license OR who meets the requirements of
           subparagraph (2)(b)2
          Due to the bill’s provisions of allowing a private investigator (“C” licensee) or private
           investigator intern (“CC” licensee) to substitute a concealed weapon (CW) license for
           a statewide firearms license (“G” license), a net revenue increase of $47K is
           estimated for the first year of implementation, followed by a $115K revenue reduction
           for subsequent years. Expenditures are estimated to decrease by about $7K for all
           years.

2. PRESENT SITUATION
   Currently, a Class “C” licensed private investigator, a Class “CC” private investigator intern,
   and Class “D” security officer must possess a valid Class “G” statewide firearm license to
   perform investigative duties while armed.

   Under 493.6115(17), F.S., an individual is not exempt from the requirement of holding a
   Class “G” license simply by holding a concealed weapon or concealed firearm license
   issued pursuant to 790.06. Additionally, there is no provision in chapter 493, F.S., that
   prohibits law enforcement and correctional officers from holding individual or agency
   licenses.




3. EFFECT OF PROPOSED CHANGES
   The bill would alter the professional and training standards for some licensees in the private
   investigative and security services fields.
        This bill would effectively eliminate professional training requirements for armed
           (Class “G”) security officers and private investigators who would be exempted by
           virtue of holding a concealed weapon license. Initial Class “G” licensure requires
           successful completion of a rigorous 28-hour course focused on professional
           requirements, in addition to firearms training on the specific type and caliber of
           firearm to be carried on duty.
                o Current training for armed (Class “G”) security officers includes the legal
                   authority for carrying a firearm on duty, the limitations of a security officer’s
                   ability to carry a firearm and use deadly force, and crimes that may serve as
                   justification for the use of deadly force. Applicants also learn about safe
                   weapon handling, the identification of weapon parts and ammunition, the
                   cleaning and maintenance of weapons, and basic shooting principles; and
                   must obtain a qualifying score with a handgun on the shooting range.
        Additionally, a Class “G” license holder must receive four hours of requalifying
           firearms training annually where licensees learn updates in applicable laws, review
       appropriate use of the weapon, and demonstrate proficiency again with a scored live
       fire exercise.
      Concealed weapon licensure requires only a one-time completion of a firearm safety
       or education course offered by one of several agencies and organizations. Any
       course includes a minimal demonstration of firearm competence by live fire in the
       physical presence of an instructor. There are exemptions for active-duty and former
       military personnel.
      Class “G” license training is more professional, expansive, and rigorous whereas
       concealed carry training only requires a showing of competence.
            o Again, the licensee must fire multiple courses of rounds to demonstrate
               consistent proficiency. Failure to complete the required annual training will
               result in either license suspension or the denial of the application to renew
               the license.
            o A concealed weapon licensee does not have to complete any annual training
               to renew his/her license, and the initial training is not required to cover the
               specific subjects of a Class “G” course.
      Class “G” license requires training on the specific type and caliber of firearms to be
       carried on duty, whereas a concealed weapon license does not.
      With this bill, those exempted from the requirement of holding a Class “G” license by
       virtue of holding a concealed carry permit would be able to avoid any annual
       requalification training.

There could be an increase in conflict-of-interest issues with more active law enforcement
officers that carry concealed weapon when working as private investigator or security officer.
Although there is currently no provision in chapter 493, F.S., that prohibits law enforcement
and correctional officers from holding individual or agency licenses, the performance of such
duties could present prohibited conflicts of interest according to the Florida Code of Ethics
as set forth in section 112.313(7)(a), F.S.

The Florida Commission on Ethics has held that such arrangements may create a
continuing or frequently recurring conflict between a law enforcement officer’s private
interests and the performance of his public duties.

Class “G” licenses and applications would likely decline due to the bill’s option of substituting
the concealed carry license for both their professional and personal life.

Due to the bill’s provisions of allowing a private investigator (“C” licensee) or private
investigator intern (“CC” licensee) to substitute a concealed weapon (CW) license for a
statewide firearms license (“G” license), a net revenue increase of $47K is estimated for the
first year of enactment, followed by a $115K revenue reduction for subsequent years. The
smaller net revenue increase in year one reflects a $162K revenue increase from C/CC
licensees with a G license allowing their G license to expire and replacing with a seven (7)
year CW license, netted against the annual $115K revenue reduction resulting from C/CC
licensees no longer renewing their G licenses. Expenditures are estimated to decrease by
  about $7K for all years due to the reduction in fingerprint retention fees paid and license
  application forms no longer printer.

  In summary, the enactment of this bill would reduce enforcement jurisdiction by effectively
  eliminating the traditional Class “G” training and licensure requirements for those relying
  instead on the concealed weapon license for concealed weapon carrying on duty; and
  potentially increase conflict-of-interest issues among active law enforcement officers who
  are private investigators.

4. FISCAL IMPACT ON FDACS

                                          (FY 22-23)         (FY 23-24)        (FY 24-25)
                                           Amount/            Amount/           Amount/
                                             FTE                FTE               FTE

           A. Revenues

            Recurring

            C/CCs Not Renewing            ($109,424)         ($109,424)        ($109,424)
            G

            Fingerprint Retention
            Revenue-FDLE                    (5,862)            (5,862)           (5,862)

            C/CCs w G
            Replacing G w CW                107,470
            (License Fee)

            C/CCs w G
            Replacing G w CW
            (Fingerprints)

            FDACS
                                            26,868
            FDLE
                                            27,356
            FBI
                                                NA

            Non-Recurring

            TOTAL REVENUES                $46,408          ($115,286)         ($115,286)

        B. Expenditures

            Recurring
            Fingerprint Retention         ($5,862)          ($5,862)          ($5,862)
         Cost Forgone-FDLE
                                           (1,031)           (1,031)           (1,031)
             Forms Costs


             Non-Recurring

          TOTAL EXPENDITURES              ($6,893)          ($6,893)          ($6,893)

         C. NET TOTAL                     $53,301           ($108,393      ($108,393)

         COMMENTS:

         This analysis reflects a scenario of the current population of 1,954 private
         investigators and private investigator interns holding Class “G” licenses allowing
         their licenses to lapse (not renew). These non-renewals would result in an
         estimated $109K average annual revenue loss over each subsequent two-year
         license period. Fingerprint retention revenue losses associated with these non-
         renewals are estimated to average almost $6K annually. These projected annual
         revenue reductions equaling $115K would be more than offset by almost $162K
         of additional estimated revenue collected in the first year of enactment, from
         these same C/CC licensees with G licenses, purchasing CW licenses to replace
         the more expensive G statewide firearm license. Note that CW licenses obtained
         by C/CC licensees to replace the G license could be obtained over the two-year
         period of a G license, but are reflected in year one above, for simplicity
         purposes.

         Annual expenditure reductions of $7K are estimated based on foregone
         expenditures paid to FDLE of about $6K for G license fingerprint retention and
         $1K for forms costs no longer incurred for G license applications.



5. IS THERE AN ESTIMATED FISCAL IMPACT ON LOCAL GOVERNMENT(s)?
   No.

6. IS THERE AN ESTIMATED FISCAL IMPACT ON THE PRIVATE SECTOR?
   Class “K” firearms instructors who provide the qualifying training for the statewide firearm
   license would likely experience a reduction in demand for their services from private
   investigator and intern applicants. Class “K” firearms instructors would also see a reduction
   in demand for their services for the annual training required for a renewing Class G licensee.
   It is difficult to quantify exactly what this impact might be.

7. ARE THERE ESTIMATED TAXES, FEES, OR FINES ASSOCIATED WITH THE
   PROPOSED BILL? (If yes, please explain the impact in A and/or B below)
  A. Does the proposed bill create new or increase existing taxes, fees, or fines? If so,
     please explain.
     No.

  B. Does the proposed bill repeal or decrease existing taxes, fees, or fines? If so,
     please explain.
     As explained in section 4 above, this bill would allow armed private investigators and
     private investigator interns to substitute a concealed weapon license for a Class “G”
     statewide firearms license. This replacement of a Class “G” license with a concealed
     weapon license would save armed private investigators and private investigator interns
     $112.00 every two years by not renewing the required G license. Replacement of the
     two-year G license with a seven-year concealed weapon license costing $97.00 ($55.00
     for the license and $42.00 for the fingerprint background check) would equate to a
     $294.98 cost savings over the seven-year term of a concealed weapon license. (Two-
     year G license costing $112.00 divided by 2 years equals $56.00 annual savings per
     year, versus seven-year concealed weapon license costing $97.00 divided by 7 years
     equals an average annual cost of $13.86 per year. The annual cost difference of $42.14
     ($56.00 - $13.86 = $42.14) multiplied by 7 years equals $294.98.

     Additional savings in training costs no longer incurred by Class “G” licensees opting to
     replace the G license with a concealed weapon license would be realized in the above
     scenario, based on required Class G firearms training that would no longer be incurred.
     Four hours of annual firearms training are required to renew a G license, or 28 hours of
     training from a Class “K” firearms instructor over the seven-year term of a concealed
     weapon license would no longer be incurred.


  C. DOES THE BILL DIRECT OR ALLOW THE DEPARTMENT TO DEVELOP, ADOPT,
     OR ELIMINATE RULES, REGULATIONS, POLICIES, OR PROCEDURES?
     a. Yes:     No:
     b. If yes please explain:

8. DOES THE PROPOSED BILL REQUIRE THE DEPARTMENT TO PARTICIPATE IN OR
   PRODUCE ANY REPORTS OR STUDIES?
   a. Yes:     No:
   b. If yes please explain:

9. ARE THERE ANY APPOINTMENTS, CREATION OF, OR CHANGES TO ANY BOARDS,
   TASK FORCES, COUNCILS, COMMISSIONS, ETC. THAT WILL IMPACT THE
   DEPARTMENT?
   a. Yes:     No:
   b. If yes please explain:

LEGAL ISSUES
10. Does the proposed bill conflict with existing federal law or regulations that impact the
    department? If so, what laws and/or regulations?
    No.

11. Does the proposed bill raise significant constitutional concerns under the U.S. or
    Florida Constitutions (e.g. separation of powers, access to the courts, equal
    protection, free speech, establishment clause, impairment of contracts) that impacts
    the department?
    No.

12. Is the proposed bill likely to generate litigation for the department and, if so, from
    what interest groups or parties?
    No.


COMMENTS:
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:           CS/SB 1018
INTRODUCER:     Commerce and Tourism Committee and Senator Burgess
SUBJECT:        Private Investigative and Security Services
DATE:           February 8, 2022                REVISED:


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



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




  I.    Summary:

        Currently, licensees under ch. 493, F.S., cannot carry a firearm during the course of their
        licensed activities unless they have a supplemental Class “G” license. CS/SB 1018 allows Class
        “C” and “CC” licensees to bear a firearm during the course of their licensed duties if they qualify
        for a newly created Class “CG” license by meeting one of the following qualifications:
         Have an active Florida concealed weapon or firearm license issued pursuant to s. 790.06,
            F.S.;
         Be a retired law enforcement officer who separated from employment in good standing after
            at least 10 years of service, and who maintains an annual firearms proficiency qualification
            pursuant to the Federal law Enforcement Officers Safety Act; or
         Be an active law enforcement officer who maintains an annual firearms proficiency
            qualification as required by his or her employing law enforcement agency.

        This provision does not alter the firearm carry limitations found in s. 790.06, F.S., or the Federal
        Law Enforcement Officers Safety Act. Class “CG” licensees will be required to submit to a
        criminal background check as part of their application with the Department of Agriculture and
        Consumer Services, and maintain their underlying qualification during their Class “CG”
        licensure.

        Class “CG” licensees are subject to the following Departmental regulations during the course of
        their licensed activities:
         A limit of 2 guns that the licensee may carry during the course of his or her licensed activity;
BILL: CS/SB 1018                                                                                               Page 2

             A limit on the types of guns and ammunition that he or she may use; and
             Required incident reporting to the Department after a gun is discharged by a licensee during
              the course of his or her licensed activity; and

          The bill takes effect on July 1, 2022.

    II.   Present Situation:

          Chapter 493 Licensees, Generally

          The Division of Licensing within the Florida Department of Agriculture and Consumer Services
          (Department) is responsible for investigating and issuing licenses to conduct private investigative
          services pursuant to ch. 493, F.S. As of January 31, 2022, there are 6,983 Class “C” private
          investigator licensees and 1,327 Class “CC” private investigator intern licensees.1 A ch. 493,
          F.S., licensee must renew his or her individual license every 2 years.

          A private investigator is an individual who investigates a person for the purpose of obtaining
          information with reference to the following specific matters:2
           Crimes or wrongdoings against the United States or any state or territory, when operating
              under express authority of a governmental official;
           The identity, habits, conduct, movement, and other characteristics of any society, person, or
              group of persons;
           The credibility of a witness or other person;
           The whereabouts of a missing person, owner of unclaimed or escheated property, or heirs to
              an estate;
           The location or recovery of lost or stolen property;
           The causes and origin of fires, libel, slander, losses, accidents, damage, or injuries to real or
              personal property; or
           Securing evidence to be used before an investigating committee or board, or in a civil or
              criminal trial.

          A Class “CC” private investigator intern operates at the direction and under the control of a
          sponsoring Class “C” private investigator licensee.3

          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

1
  Florida Department of Agriculture and Consumer Services (FDACS) , Division of Licensing, Number of Licensees by Type
(Jan. 31, 2021), https://www.fdacs.gov/content/download/82618/file/Number_of_Licensees_By_Type.pdf (last visited Feb.
4, 2022).
2
  Section 493.6101(16), F.S. See also, FDACS, Private Investigation (Dec. 2017),
https://licensing.freshfromflorida.com/forms/P-01721.pdf (last visited Feb. 4, 2022).
3
  Section 493.6116, F.S. See also, FDACS, Class “CC” Private Investigator Intern License Requirements,
https://www.fdacs.gov/Business-Services/Private-Investigation-Licenses/Class-CC-Private-Investigator-Intern-License-
Requirements (last visited Feb. 8, 2022).
BILL: CS/SB 1018                                                                                               Page 3

        “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”).4 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
        8 hours) that is administered by a Class “K” licensee.5 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.6

        A Class “G” licensee is subject to a biennial statewide firearm license fee of $112, but there is no
        application fee.7 The applicant for a Class “G” license must submit a fingerprint processing ($42)
        and retention ($10.75) fee, however—this fee is waived if the applicant has otherwise paid these
        fees for any other license under ch. 493, F.S., within the last 6 months.8

        Regulation of Class “G” Licensees
        A Class “G” licensee may only carry two firearms when performing his or her licensed duties.
        Unless the Department grants specific approval otherwise, the types of weapons a Class “G”
        licensee may use are limited to the following: a .38 caliber revolver; a .380 caliber or .9 mm
        semiautomatic pistol; a .357 caliber revolver used with .38 caliber ammunition; a .40 caliber
        handgun; or a .45 ACP handgun.9

        If a Class “G” licensee discharges his or her firearm during the course of her or his duties, the
        licensee must file an incident report with the Department.10

        Class “G” licensees are subject to penalty, ranging from a fine to the suspension or revocation of
        their license, for the following violations of administrative rule:11
         Conviction of, or adjudication of guilt withheld, on a crime directly related to the business
            for which the license is held;
         Improper exhibition of a firearm;
         Careless or improper handling of a firearm resulting in a discharge;

4
  Section 493.6115(2), F.S.
5
  Section 493.6105(5), F.S. See also Fla. Admin. Code R. 5N-1.132(1)(a).
6
  Section 493.6113(3)(b), F.S.
7
  Fla. Admin. Code R. 5N-1.116(2)(a)6. and (2)(c). See also, FDACS, Chapter 493, F.S., Renewal License Fee Schedule,
https://www.fdacs.gov/content/download/73502/file/FS493_Renewal_License_Fees.pdf (last visited Feb. 4, 2022).
8
  Fla. Admin. Code R. 5N-1.116(3)(a).
9
  Section 493.6115(6), F.S. See also, FDACS, Approved Firearms for Class “G” License Holders,
https://www.fdacs.gov/Business-Services/Private-Investigation-Licenses/Approved-Firearms-for-Class-G-License-Holders
(last visited Feb. 4, 2022).
10
   Section 493.6115(9), F.S.
11
   Fla. Admin. Code R. 5N-1.113. See also, s. 493.6118(1), F.S.
BILL: CS/SB 1018                                                                                                         Page 4

            Firing an unjustifiable warning shot while on duty;
            Impersonating a law enforcement officer or government employee; and
            Commission of an act of violence not in the lawful protection of one’s self or another.

         Concealed Weapon and Firearm Licenses

         Florida is a “shall issue”12 state for applications for concealed weapon and firearm licenses.13
         The Department must review and either issue or deny a license within 90 days of receiving an
         application.14 As of December 31, 2021, there were 2,445,471 concealed weapon or firearm
         licensees in Florida.15

         The Department must deny issuance of a license, which expires after 7 years,16 if an applicant:
          Is not a citizen of the United States, permanent resident alien, or consular security official of
            a foreign government;
          Is not 21 years of age or older;
          Suffers from a physical infirmity which prevents the safe handling of a weapon or firearm;
          Has been convicted of a felony;
          Has been found guilty of a controlled substances crime within the previous 3 years;
          Has been committed for the abuse of a controlled substance;17
          Suffers from chronic and habitual use of alcohol or other substances to the extent that their
            normal faculties are impaired;18
          Does not intend to carry a concealed weapon or firearm for lawful self-defense;
          Fails to demonstrate competency with a firearm;19
          Has been adjudicated as an incapacitated person;




12
   Generally, states issue a permit, or license, to carry a concealed weapon such as a firearm on either a “shall issue,” or “may
issue” basis. The key difference is that shall issue states must issue the permit or license if the applicant meets the
requirements; whereas, may issue states have much more discretion to deny an application even if the applicant meets the
requirements under the law. New York may deny a license, for example, if the applicant fails to demonstrate “proper cause”
or lacks “good moral character” as determined by a judge reviewing the application. N.Y. Penal Law s. 400.00.
13
   Section 790.06(2), F.S.
14
   Section 790.06(6)(c), F.S.
15
   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 Feb. 4, 2022).
16
   Section 790.06(1), F.S.
17
   An applicant granted relief of firearms disabilities pursuant to s. 790.065(2)(a)4.d., F.S., after having been adjudicated
mentally defective or committed to a mental institution is deemed not to be committed for the abuse of a controlled
substance.
18
   The law presumes that a person chronically and habitually uses alcoholic beverages or other substances to the point of
impairment if the applicant has been convicted of using a firearm while under the influence of alcoholic beverages, chemical
substances, or controlled substances or has been deemed a habitual offender of disorderly intoxication under s. 856.011(3),
F.S., or has had two or more convictions of driving under the influence within a 3-year period preceding the date which the
application is submitted. See, s. 790.06(2)(f), F.S.
19
   There are several methods of demonstrating competency with a firearm, including completion of a hunter education or
safety course approved by the Fish and Wildlife Conservation Commission, completion of any law enforcement firearms
safety or training course, or completion of firearms training safety courses using instructors certified by the National Rifle
Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services.
BILL: CS/SB 1018                                                                                                       Page 5

            Has been committed to a mental institution;20
            Has had an adjudication of guilt withheld or a suspended sentence on a felony unless 3 years
             have elapsed since probation or any other conditions set by the court have been fulfilled, or
             the record has been expunged;
            Has had an adjudication of guilt withheld or an imposition of sentence suspended on a
             misdemeanor crime of domestic violence, unless 3 years have elapsed since probation or any
             other conditions set by the court have been fulfilled, or the record has been expunged;
            Has been issued an injunction that is currently in force and effect that restrains that applicant
             from committing acts of domestic violence or acts of repeat violence; or
            Is prohibited from purchasing or possessing a firearm by any other provision of Florida or
             federal law.21

         The Department must suspend a license or the processing of an application for a license if the
         licensee or applicant is arrested or formally charged with a crime that would disqualify such
         person from having a license until final disposition of the case.22 The Department is also required
         to suspend a license or the processing of an application for a license if the licensee or applicant is
         issued an injunction that restrains the licensee or applicant from committing acts of domestic
         violence or acts of repeat violence.23

         Once obtained, the licensee must carry the license with valid identification at all times when the
         licensee is in actual possession of a concealed weapon or firearm.24 According to
         s. 790.06(12)(a), F.S, the license, however, “does not authorize any person to carry a concealed
         weapon or firearm into:”
          Any place of nuisance;25
          Any police, sheriff, or highway patrol station;
          Any detention facility, prison, or jail;
          Any courthouse;
          Any courtroom;26
          Any polling place;
          Any meeting of the governing body of a county, public school district, municipality, or
             special district;
          Any meeting of the Legislature or a committee thereof;
          Any school, college, or professional athletic event not related to firearms;
          Any elementary or secondary school facility or administration building;
          Any career center;



20
  An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d., F.S., after having been
adjudicated mentally defective or committed to a mental institution is deemed not to have been committed in a mental
institution.
21
   Section 790.06(2)(n), F.S.
22
   Section 790.06(3), F.S.
23
   Id.
24
   Section 790.06(1), F.S.
25
   See s. 823.05, F.S., for an extensive description of places of nuisance.
26
   However, judges may carry a concealed weapon and allow others to do so within their courtroom. Section 790.06(12)(a)5.,
F.S.
BILL: CS/SB 1018                                                                                             Page 6

           Any portion of an establishment licensed to dispense alcoholic beverages for consumption on
            the premises, which portion of the establishment is primarily devoted to such purpose;
           Any college or university facility;27
           The inside of the passenger terminal and sterile area of any airport; or
           Any place where the carrying of firearms is prohibited by federal law.28

        Law Enforcement Officers Safety Act

        The federal Law Enforcement Officers Safety Act (LEOSA) allows qualified law enforcement
        officers and qualified retired law enforcement officers to carry a concealed firearm in any
        jurisdiction in the United States, regardless of local laws to the contrary, with certain
        exceptions.29 LEOSA does not supersede a private individual’s right to restrict possession of a
        concealed firearm on his or her property, nor does it override a state or local government’s
        restriction on the possession of firearms on state or local government property.

        A qualified law enforcement officer is a current employee of a governmental agency who:30
         Is authorized to engage in or supervise the prevention, detection, investigation, or
           prosecution of the incarceration of any person for a violation of law who also has statutory
           powers of arrest or apprehension;
         Is authorized by his or her employing agency to carry a firearm;
         Is not subject to any disciplinary action by his or her employing agency;
         Meets the qualifying standards established by his or her employing agency to use a firearm;
         Is not under the influence of alcohol or other intoxicating substances; and
         Is not prohibited by Federal law from receiving a firearm.

        A qualified retired law enforcement officer is an individual who:31
         Separated from service in good standing from the public agency that employed him or her as
           a law enforcement officer;
         Was authorized to engage in or supervise the prevention, detection, investigation, or
           prosecution of the incarceration of any person for a violation of law and also had statutory
           powers of arrest or apprehension;
         Served for an aggregate 10 years or more as a law enforcement officer prior to his or her
           separation, or separated after an applicable probationary period of service due to a service-
           connected disability;
         Has met the firearms training standards applicable to active law enforcement officers within
           the last 12 months;


27
   However, a “student, employee, or faculty member” may carry a stun gun or nonlethal electric weapon designed for
defensive purposes as long as the weapon does not fire a dart or projectile.
28
   Section 790.06(12)(a)1.-15., F.S.
29
   18 U.S.C. §926 and 926C. See also, Florida Department of Law Enforcement, Thomas Kirwin, H.R. 218 (The Law
Enforcement Officers Safety Act) and S. 1132 (The Law Enforcement Safety Act Improvements Act of 2010) and 2013
Amendment By National Defense Authorization Act (NDAA) for Fiscal Year 2013, Public Law 112-239 (H.R. 4310), §1089
Summary and Overview (Feb. 2015), https://www.fdle.state.fl.us/OGC/Documents/Legal-Bulletins/2015-1-
HR218Bulletin.aspx (last visited Feb. 4, 2022).
30
   18 U.S.C. §926(c).
31
   18 U.S.C. §926C(c).
BILL: CS/SB 1018                                                                                             Page 7

           Has not been found by a medical professional to be unqualified for reasons relating to mental
            health;
           Is not under the influence of alcohol or other intoxicating substances; and
           Is not prohibited by Federal law from receiving a firearm.

        Florida’s Criminal Justice Standards and Training Commission has approved a statewide
        minimum firearms proficiency qualification course that serves as the minimum qualifications
        required to carry a firearm under LEOSA (although individual agencies can enhance their
        standards above this minimum requirement at their discretion).32 The qualifications require that a
        candidate achieve at least 32 out of 40 rounds in a range test.33

III.    Effect of Proposed Changes:

        SB 1018 creates a Class “CG” license to allow individuals who hold either a Class “C” or a Class
        “CC” license, and who otherwise qualify for the Class “CG” license, to carry a firearm during
        the course of their licensed duties.

        A Class “CG” applicant must qualify for the license by maintaining an active:
         Florida concealed weapon or firearm license issued pursuant to s. 790.06, F.S.;
         Federal law Enforcement Officers Safety Act annual firearms proficiency qualification, if
           the applicant is a retired law enforcement officer who separated from employment in good
           standing after at least 10 years of service; or
         Annual firearms proficiency qualification required by his or her employing law enforcement
           agency.

        A Class “CG” licensee is not required to complete additional qualification or renewal training to
        qualify for her or his license. However, the Class “CG” license remains in effect only during the
        period the applicant is employed as a Class “C” or Class “CC” licensee and during which he or
        she keeps the underlying qualification for the Class “CG” license active.

        Similar to Class “G” licensees, a Class “CG” licensee is subject to Departmental regulations,
        including:
         A limit on the number and type of firearms the licensee may carry during the course of her or
            his licensed duties;
         Required reporting if the licensee discharges a firearm during her or his licensed duties; and
         Administrative suspension or revocation of the license if the licensee is arrested for, or
            charged with specific firearms-related crimes.

        This provision does not alter the firearm carry limitations found in s. 790.06, F.S., or the Federal
        Law Enforcement Officers Safety Act. Class “CG” licensees will be required to submit an
        application to the Department of Agriculture and Consumer Services, undergo a criminal
        background check, and maintain their underlying qualification during their licensure.

32
  Florida Department of Law Enforcement, Thomas Kirwin, supra note 31 at 7.
33
  See, Florida Department of Law Enforcement, Law Enforcement officer Firearms Qualifications Standard, Form CJSTC
86A, http://www.fdle.state.fl.us/CJSTC/Documents/Rules-Forms/Table-1-Forms/PDFs/CJSTC-86A.aspx (last visited Feb. 4,
2022). See also, Fla. Admin. Code R. 11B-27.00212.
BILL: CS/SB 1018                                                                                   Page 8


       The bill takes effect on July 1, 2022.

IV.    Constitutional Issues:

       A.      Municipality/County Mandates Restrictions:

               None.

       B.      Public Records/Open Meetings Issues:

               None.

       C.      Trust Funds Restrictions:

               None.

       D.      State Tax or Fee Increases:

               None.

       E.      Other Constitutional Issues:

               None identified.

 V.    Fiscal Impact Statement:

       A.      Tax/Fee Issues:

               None.

       B.      Private Sector Impact:

               Class “C” and Class “CC” licensees will not be required to complete or pay for initial and
               renewal training relating to the Class “G” license in order to carry a firearm during their
               licensed duties.

       C.      Government Sector Impact:

               The Department will likely see a decrease in the number of individuals who seek a class
               “G” license, and therefore will collect fewer Class “G” license fees.

VI.    Technical Deficiencies:

       None.

VII.   Related Issues:

       None.
 BILL: CS/SB 1018                                                                                                                     Page 9

VIII.   Statutes Affected:

        This bill substantially amends sections 493.6115 and 493.6305 of the Florida Statutes.

 IX.    Additional Information:

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

                 CS by Commerce and Tourism on February 7, 2022:
                  Creates the Class “CG” license, for which applicants qualify if they maintain an
                    active maintaining an active:
                    o Florida concealed weapon or firearm license;
                    o Federal law Enforcement Officers Safety Act annual firearms proficiency
                        qualification, if the applicant is a retired law enforcement officer who separated
                        from employment in good standing after at least 10 years of service; or
                    o Annual firearms proficiency qualification required by his or her employing law
                        enforcement agency.
                  Subjects Class “CG” licensees to many of the same regulations as Class “G”
                    licensees, but does not require Class “CG” licensees to perform initial or renewal
                    training to qualify for licensure; and
                  Removes reference to Class “D” Security Officer licensees.

        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                  .
         02/08/2022                  .
                                     .
                                     .
                                     .




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


1        Senate Amendment (with title amendment)
2
3        Delete everything after the enacting clause
4    and insert:
5        Section 1. Present subsections (5) through (8) of section
6    493.6105, Florida Statutes, are redesignated as subsections (6)
7    through (9), respectively, a new subsection (5) is added to that
8    section, and subsections (1) and (3) and paragraph (c) of
9    present subsection (5) of that section are amended, to read:
10       493.6105 Initial application for license.—



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11       (1) Each individual, partner, or principal officer in a
12   corporation, shall file with the department a complete
13   application accompanied by an application fee not to exceed $60,
14   except that an applicant for a Class “CG,” Class “D,” or Class
15   “G” license is not required to submit an application fee. An
16   application fee is not required for an applicant who qualifies
17   for the fee waiver in s. 493.6107(6). The application fee is not
18   refundable.
19       (a) The application submitted by any individual, partner,
20   or corporate officer must be approved by the department before
21   the individual, partner, or corporate officer assumes his or her
22   duties.
23       (b) Individuals who invest in the ownership of a licensed
24   agency but do not participate in, direct, or control the
25   operations of the agency are not required to file an
26   application.
27       (3) The application must contain the following information
28   concerning the individual signing the application:
29       (a) Name and any aliases.
30       (b) Age and date of birth.
31       (c) Place of birth.
32       (d) Social security number or alien registration number,
33   whichever is applicable.
34       (e) Current residence address and mailing address.
35       (f) A statement of all criminal convictions, findings of
36   guilt, and pleas of guilty or nolo contendere, regardless of
37   adjudication of guilt. An applicant for a Class “CG,” Class “G,”
38   or Class “K” license who is younger than 24 years of age shall
39   also include a statement regarding any finding of having

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40   committed a delinquent act in any state, territory, or country
41   which would be a felony if committed by an adult and which is
42   punishable by imprisonment for a term exceeding 1 year.
43       (g) One passport-type color photograph taken within the 6
44   months immediately preceding submission of the application.
45       (h) A statement whether he or she has ever been adjudicated
46   incompetent under chapter 744.
47       (i) A statement whether he or she has ever been committed
48   to a mental institution under chapter 394.
49       (j) A full set of fingerprints, a fingerprint processing
50   fee, and a fingerprint retention fee. The fingerprint processing
51   and retention fees shall be established by rule of the
52   department based upon costs determined by state and federal
53   agency charges and department processing costs, which must
54   include the cost of retaining the fingerprints in the statewide
55   automated biometric identification system established in s.
56   943.05(2)(b) and the cost of enrolling the fingerprints in the
57   national retained print arrest notification program as required
58   under s. 493.6108. An applicant who has, within the immediately
59   preceding 6 months, submitted such fingerprints and fees for
60   licensing purposes under this chapter and who still holds a
61   valid license is not required to submit another set of
62   fingerprints or another fingerprint processing fee. An applicant
63   who holds multiple licenses issued under this chapter is
64   required to pay only a single fingerprint retention fee.
65   Partners and corporate officers who do not possess licenses
66   subject to renewal under s. 493.6113 are exempt from the
67   fingerprint retention requirements of this chapter.
68       (k) A personal inquiry waiver that allows the department to

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69   conduct necessary investigations to satisfy the requirements of
70   this chapter.
71         (l) Such further facts as may be required by the department
72   to show that the individual signing the application is of good
73   moral character and qualified by experience and training to
74   satisfy the requirements of this chapter.
75         (5) In addition to the requirements under subsection (3),
76   an applicant for a Class “CG” license must submit proof that she
77   or he:
78         (a) Has an active license to carry a concealed firearm
79   issued pursuant to s. 790.06;
80         (b) Is a retired law enforcement officer who separated from
81   service in good standing; who, before such separation, served as
82   a law enforcement officer for at least 10 years; and who
83   maintains her or his annual firearms proficiency qualification
84   pursuant to the federal Law Enforcement Officers Safety Act; or
85         (c) Is an active law enforcement officer who maintains the
86   annual firearms proficiency qualification required by her or his
87   agency.
88         (6)(5) In addition to the requirements outlined in
89   subsection (3), an applicant for a Class “G” license must
90   satisfy minimum training criteria for firearms established by
91   rule of the department, which training criteria includes, but is
92   not limited to, 28 hours of range and classroom training taught
93   and administered by a Class “K” licensee; however, no more than
94   8 hours of such training shall consist of range training. The
95   department may waive the foregoing firearms training requirement
96   if:
97         (c) The applicant submits a valid firearm certificate among

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98    those specified in paragraph (7)(a) (6)(a).
99        Section 2. Paragraphs (f) and (g) of subsection (1) and
100   subsection (3) of section 493.6106, Florida Statutes, are
101   amended to read:
102       493.6106 License requirements; posting.—
103       (1) Each individual licensed by the department must:
104       (f) Be a citizen or permanent legal resident alien of the
105   United States or have appropriate authorization issued by the
106   United States Citizenship and Immigration Services of the United
107   States Department of Homeland Security.
108       1. An applicant for a Class “C,” Class “CC,” Class “D,”
109   Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
110   “MB,” Class “MR,” or Class “RI” license who is not a United
111   States citizen must submit proof of current employment
112   authorization issued by the United States Citizenship and
113   Immigration Services or proof that she or he is deemed a
114   permanent legal resident alien by the United States Citizenship
115   and Immigration Services.
116       2. An applicant for a Class “CG,” Class “G,” or Class “K”
117   license who is not a United States citizen must submit proof
118   that she or he is deemed a permanent legal resident alien by the
119   United States Citizenship and Immigration Services.
120       3. An applicant for an agency or school license who is not
121   a United States citizen or permanent legal resident alien must
122   submit documentation issued by the United States Citizenship and
123   Immigration Services stating that she or he is lawfully in the
124   United States and is authorized to own and operate the type of
125   agency or school for which she or he is applying. An employment
126   authorization card issued by the United States Citizenship and

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127   Immigration Services is not sufficient documentation.
128       (g) Not be prohibited from purchasing or possessing a
129   firearm by state or federal law if the individual is applying
130   for a Class “CG,” Class “G,” license or a Class “K” license.
131       (3) Each Class “C,” Class “CC,” Class “CG,” Class “D,”
132   Class “DI,” Class “E,” Class “EE,” Class “G,” Class “K,” Class
133   “M,” Class “MA,” Class “MB,” Class “MR,” or Class “RI” licensee
134   shall notify the division in writing within 10 days of a change
135   in her or his residence or mailing address.
136       Section 3. Subsection (4) of section 493.6111, Florida
137   Statutes, is amended to read:
138       493.6111 License; contents; identification card.—
139       (4) Notwithstanding the existence of a valid Florida
140   corporate registration, an agency or school licensee may not
141   conduct activities regulated under this chapter under any
142   fictitious name without prior written authorization from the
143   department to use that name in the conduct of activities
144   regulated under this chapter. The department may not authorize
145   the use of a name that is so similar to that of a public officer
146   or agency, or of that used by another licensee, that the public
147   may be confused or misled thereby. The authorization for the use
148   of a fictitious name must require, as a condition precedent to
149   the use of such name, the filing of a certificate of engaging in
150   business under a fictitious name under s. 865.09. A licensee may
151   not conduct business under more than one name except as
152   separately licensed nor shall the license be valid to protect
153   any licensee who is engaged in the business under any name other
154   than that specified in the license. An agency desiring to change
155   its licensed name must notify the department and, except upon

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156   renewal, pay a fee not to exceed $30 for each license requiring
157   revision including those of all licensed employees except Class
158   “CG,” Class “D,” or Class “G” licensees. Upon the return of such
159   licenses to the department, revised licenses shall be provided.
160       Section 4. Subsections (2), (4), (5), (6), (8), and (9) of
161   section 493.6115, Florida Statutes, are amended to read:
162       493.6115 Weapons and firearms.—
163       (2)(a) Only Class “C,” Class “CC,” Class “D,” Class “M,”
164   Class “MA,” or Class “MB” licensees are permitted to bear a
165   firearm in the performance of their duties only if and any such
166   licensee also has who bears a firearm shall also have a Class
167   “G” license.
168       (b) Class “C” and Class “CC” licensees are permitted to
169   bear a firearm in the performance of their duties only if such
170   licensee also has a “Class “CG” or Class “G” license.
171       (4) A Class “C” or Class “CC” licensee who is 21 years of
172   age or older and has also been issued a Class “CG” or Class “G”
173   license may carry, in the performance of her or his duties, a
174   concealed firearm. A Class “D” licensee who is 21 years of age
175   or older and has also been issued a Class “G” license may carry
176   a concealed firearm in the performance of her or his duties
177   under the conditions specified in s. 493.6305(3) and (4). The
178   Class “CG” or Class “G” license must clearly indicate such
179   authority. The authority of any such licensee to carry a
180   concealed firearm is valid in any location throughout the state
181   while performing services within the scope of the license.
182       (5)(a) The Class “G” license shall remain in effect only
183   during the period the applicant is employed as a Class “C,”
184   Class “CC,” Class “D,” Class “MA,” Class “MB,” or Class “M”

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185   licensee.
186          (b) The Class “CG” license shall remain in effect only
187   during the period the applicant is employed as a Class “C” or
188   Class “CC” licensee.
189          (6) In addition to any other firearm approved by the
190   department, a licensee who has been issued a Class “CG” or Class
191   “G” license may carry a .38 caliber revolver; or a .380 caliber
192   or 9 millimeter semiautomatic pistol; or a .357 caliber revolver
193   with .38 caliber ammunition only; or a .40 caliber handgun; or a
194   .45 ACP handgun while performing duties authorized under this
195   chapter. A licensee may not carry more than two firearms upon
196   her or his person when performing her or his duties. A licensee
197   may only carry a firearm of the specific type and caliber with
198   which she or he is qualified pursuant to the firearms training
199   referenced in subsection (8) or s. 493.6113(3)(b).
200          (8) A Class “G” applicant must satisfy the minimum training
201   criteria as set forth in s. 493.6105(6) s. 493.6105(5) and as
202   established by rule of the department.
203          (9) Whenever a Class “CG” or Class “G” licensee discharges
204   her or his firearm in the course of her or his duties, the Class
205   “CG” or Class “G” licensee and the agency by which she or he is
206   employed shall, within 5 working days, submit to the department
207   an explanation describing the nature of the incident, the
208   necessity for using the firearm, and a copy of any report
209   prepared by a law enforcement agency. The department may revoke
210   or suspend the Class “CG” or Class “G” licensee’s license and
211   the licensed agency’s agency license if this requirement is not
212   met.
213          Section 5. Present paragraphs (x), (y), and (z) of

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214   subsection (1) of section 493.6118, Florida Statutes, are
215   redesignated as paragraphs (y), (z), and (aa), respectively, a
216   new paragraph (x) is added to that subsection, and paragraphs
217   (v) and (w) of that subsection and paragraph (a) of subsection
218   (8) of that section are amended, to read:
219       493.6118 Grounds for disciplinary action.—
220       (1) The following constitute grounds for which disciplinary
221   action specified in subsection (2) may be taken by the
222   department against any licensee, agency, or applicant regulated
223   by this chapter, or any unlicensed person engaged in activities
224   regulated under this chapter:
225       (v) For a Class “K” licensee, failing to maintain active
226   certification specified under s. 493.6105(7) s. 493.6105(6).
227       (w) For a Class “CG,” Class “G,” or a Class “K” applicant
228   or licensee, being prohibited from purchasing or possessing a
229   firearm by state or federal law.
230       (x) For a Class “CG” licensee, failing to maintain active
231   certification or licensure under s. 493.6105(5).
232       (8)(a) Upon notification by a law enforcement agency, a
233   court, or the Department of Law Enforcement and upon subsequent
234   written verification, the department shall temporarily suspend a
235   Class “CG,” Class “G,” or Class “K” license if the licensee is
236   arrested or charged with a firearms-related crime that would
237   disqualify such person from licensure under this chapter. The
238   department shall notify the licensee suspended under this
239   section of his or her right to a hearing pursuant to chapter
240   120. A hearing conducted regarding the temporary suspension must
241   be for the limited purpose of determining whether the licensee
242   has been arrested or charged with a disqualifying firearms-

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243   related crime.
244       Section 6. Subsection (7) of section 493.6201, Florida
245   Statutes, is amended to read:
246       493.6201 Classes of licenses.—
247       (7)(a) Only Class “M,” or Class “MA,” Class “C,” or Class
248   “CC” licensees are permitted to bear a firearm during the
249   performance of their duties only if, and any such licensee also
250   has who bears a firearm shall also have a Class “G” license.
251       (b) Class “C” and Class “CC” licensees are permitted to
252   bear a firearm during the performance of their duties only if
253   such licensee also has a “Class “CG” or Class “G” license.
254       Section 7. Paragraphs (b) and (d) of subsection (3) of
255   section 493.6113, Florida Statutes, is amended to read:
256       493.6113 Renewal application for licensure.—
257       (3) Each licensee is responsible for renewing his or her
258   license on or before its expiration by filing with the
259   department an application for renewal accompanied by payment of
260   the renewal fee and the fingerprint retention fee to cover the
261   cost of ongoing retention in the statewide automated biometric
262   identification system established in s. 943.05(2)(b). Upon the
263   first renewal of a license issued under this chapter before
264   January 1, 2017, the licensee shall submit a full set of
265   fingerprints and fingerprint processing fees to cover the cost
266   of entering the fingerprints into the statewide automated
267   biometric identification system pursuant to s. 493.6108(4)(a)
268   and the cost of enrollment in the Federal Bureau of
269   Investigation’s national retained print arrest notification
270   program. Subsequent renewals may be completed without submission
271   of a new set of fingerprints.

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272       (b) Each Class “G” licensee shall additionally submit proof
273   that he or she has received during each year of the license
274   period a minimum of 4 hours of firearms requalification training
275   taught by a Class “K” licensee and has complied with such other
276   health and training requirements that the department shall adopt
277   by rule. Proof of completion of firearms requalification
278   training shall be submitted to the department upon completion of
279   the training. A Class “G” licensee must successfully complete
280   this requalification training for each type and caliber of
281   firearm carried in the course of performing his or her regulated
282   duties. If the licensee fails to complete the required 4 hours
283   of annual training during the first year of the 2-year term of
284   the license, the license shall be automatically suspended. The
285   licensee must complete the minimum number of hours of range and
286   classroom training required at the time of initial licensure and
287   submit proof of completion of such training to the department
288   before the license may be reinstated. If the licensee fails to
289   complete the required 4 hours of annual training during the
290   second year of the 2-year term of the license, the licensee must
291   complete the minimum number of hours of range and classroom
292   training required at the time of initial licensure and submit
293   proof of completion of such training to the department before
294   the license may be renewed. The department may waive the
295   firearms training requirement if:
296       1. The applicant provides proof that he or she is currently
297   certified as a law enforcement officer or correctional officer
298   under the Criminal Justice Standards and Training Commission and
299   has completed law enforcement firearms requalification training
300   annually during the previous 2 years of the licensure period;

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301       2. The applicant provides proof that he or she is currently
302   certified as a federal law enforcement officer and has received
303   law enforcement firearms training administered by a federal law
304   enforcement agency annually during the previous 2 years of the
305   licensure period; or
306       3. The applicant submits a valid firearm certificate among
307   those specified in s. 493.6105(7)(a) s. 493.6105(6)(a) and
308   provides proof of having completed requalification training
309   during the previous 2 years of the licensure period.
310       (d) Each Class “K” licensee shall additionally submit one
311   of the certificates specified under s. 493.6105(7) s.
312   493.6105(6) as proof that he or she remains certified to provide
313   firearms instruction.
314       Section 8. This act shall take effect July 1, 2022.
315
316   ================= T I T L E   A M E N D M E N T ================
317   And the title is amended as follows:
318       Delete everything before the enacting clause
319   and insert:
320                           A bill to be entitled
321       An act relating to private investigative services;
322       amending s. 493.6105, F.S.; exempting Class “CG”
323       license applicants from an application fee; providing
324       application requirements for Class “CG” licenses;
325       amending s. 493.6106, F.S.; providing requirements for
326       Class “CG” licensees; amending s. 493.6111, F.S.;
327       exempting licensed agencies from certain fees relating
328       to license revisions; amending s. 493.6115, F.S.;
329       revising requirements relating to certain licensees

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330       carrying firearms; specifying that Class “CG” licenses
331       remain in effect only while the applicant is employed
332       as a Class “C” or Class “CC” licensee; conforming
333       provisions to changes made by the act; amending s.
334       493.6118, F.S.; specifying when the Department of
335       Agriculture and Consumer Services may take
336       disciplinary action against Class “CG” licensees;
337       conforming a cross-reference; amending s. 493.6201,
338       F.S.; revising requirements relating to certain
339       licensees carrying firearms; amending s. 493.6113,
340       F.S.; conforming cross-references; providing an
341       effective date.




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       Florida Senate - 2022                                        SB 1018          Florida Senate - 2022                                        SB 1018



       By Senator Burgess




       20-00709-22                                              20221018__           20-00709-22                                               20221018__
1                              A bill to be entitled                          30          3. A Class “C,” Class “CC,” Class “D,” Class “M,” Class
2           An act relating to private investigative and security             31     “MA,” or Class “MB” licensee who does not have a Class “G”
3           services; amending s. 493.6115, F.S.; revising                    32     license but who is an active law enforcement officer and who
4           eligibility requirements for certain licensees to                 33     maintains the annual firearms proficiency qualification required
5           carry firearms; amending s. 493.6305, F.S.; conforming            34     by her or his agency, may bear a firearm in the performance of
6           provisions to changes made by the act; providing an               35     her or his duties.
7           effective date.                                                   36          (4)(a)1. A Class “C” or Class “CC” licensee who is 21 years
8                                                                             37     of age or older and has also been issued a Class “G” license,
9      Be It Enacted by the Legislature of the State of Florida:              38     who has a license to carry concealed firearms, or who meets the
10                                                                            39     requirements of subparagraph (2)(b)2. may carry, in the
11          Section 1. Subsections (2) and (4) of section 493.6115,           40     performance of her or his duties, a concealed firearm.
12     Florida Statutes, are amended to read:                                 41          2. A Class “D” licensee who is 21 years of age or older and
13          493.6115 Weapons and firearms.—                                   42     has also been issued a Class “G” license or who meets the
14          (2)(a) Except as provided in paragraph (b), only Class “C,”       43     requirements of subparagraph (2)(b)2. may carry a concealed
15     Class “CC,” Class “D,” Class “M,” Class “MA,” or Class “MB”            44     firearm in the performance of her or his duties under the
16     licensees are permitted to bear a firearm, and any such licensee       45     conditions specified in s. 493.6305(3) and (4).
17     who bears a firearm shall also have a Class “G” license.               46          (b) The Class “G” license must clearly indicate such
18          (b)1. A Class “C” licensee who does not have a Class “G”          47     authority. The authority of any such licensee to carry a
19     license may bear a firearm if the licensee has a license to            48     concealed firearm is valid in any location throughout the state
20     carry concealed firearms issued pursuant to s. 790.06.                 49     while performing services within the scope of the license.
21          2. A Class “C,” Class “CC,” Class “D,” Class “M,” Class           50          Section 2. Subsections (3) and (4) of section 493.6305,
22     “MA,” or Class “MB” licensee who does not have a Class “G”             51     Florida Statutes, are amended to read:
23     license but who is a retired law enforcement officer; who              52          493.6305 Uniforms, required wear; exceptions.—
24     separated from service in good standing; who, before such              53          (3) Class “D” licensees who are authorized to carry a
25     separation, served as a law enforcement officer for at least 10        54     concealed firearm under s. 493.6115(4)(a)2. also Class “G”
26     years; and who maintains her or his annual firearms proficiency        55     licensees and who are performing limited, special assignment
27     qualification pursuant to the federal Law Enforcement Officers         56     duties may carry their authorized firearm concealed in the
28     Safety Act, may bear a firearm in the performance of her or his        57     conduct of such duties.
29     duties.                                                                58          (4) Class “D” licensees who are authorized to carry a

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       20-00709-22                                               20221018__
59     concealed firearm under s. 493.6115(4)(a)2. also Class “G”
60     licensees and who are performing bodyguard or executive
61     protection services may carry their authorized firearm concealed
62     while in nonuniform as needed in the conduct of such services.
63          Section 3. This act shall take effect July 1, 2022.




                                  Page 3 of 3
     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 28, 2022


I respectfully request that Senate Bill #1246, relating to Benchmark Replacements for London
Interbank Offered Rate, be placed on the:

              committee agenda at your earliest possible convenience.

              next committee agenda.




Please let me know if you have any questions.

Sincerely,




Joe Gruters

Cc: Todd McKay, Staff Director
Kathryn Vigrass, Committee Administrative Assistant


File signed original with committee office                                         S-020 (03/2004)
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:           CS/SB 1246
INTRODUCER:     Commerce and Tourism Committee and Senator Gruters
SUBJECT:        Benchmark Replacements for London Interbank Offered Rate
DATE:           February 8, 2022                REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Arnold                           Knudson                               BI              Favorable
2. Harmsen                          McKay                                 CM              Fav/CS
3.                                                                        RC



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




  I.    Summary:

        CS/SB 1246 provides for a transition to the Secured Overnight Financing Rate (SOFR) as the
        replacement rate for the London Interbank Offered Rate (LIBOR) for contracts and instruments
        that lack transition provisions. The bill provides for conforming changes to be made to the
        contract or instrument, voids fallback provisions based on LIBOR, and provides for construction
        of rights and duties under contracts affected by the bill.

        The bill precludes liability, a claim, or a cause of action that arises out of, or is related to the
        selection or use of a recommended benchmark replacement, or to the determination,
        implementation, or performance of a benchmark replacement conforming change.

        The bill provides a statement of overpowering public necessity for the bill and a statement of
        legislative finding that there are no alternative means to meet this public necessity.

        Finally, the bill contains a statement of legislative intent which indicates that the bill is remedial
        in nature and applies retroactively to all contracts, agreements, mortgages, deeds of trust, leases,
        instruments, obligations, or securities, whether representing debt or equity, and including all
        interests in a corporation, partnership, or limited liability company, in existence on December 31,
        2021.

        The bill takes effect upon becoming a law.
BILL: CS/SB 1246                                                                                                 Page 2

    II.   Present Situation:

          Background on LIBOR

          LIBOR is the reference rate at which large banks indicate that they can borrow short-term
          wholesale funds from one another on an unsecured basis in the interbank market.1 The origins of
          LIBOR can be traced to a loan transaction in 1969 in which multiple banks were joint lenders
          (i.e., a syndicated loan) on a large loan of $80 million.2 The interest rate of the loan was based on
          the weighted average of the funding costs for each of the participating banks plus a spread for
          profit.3 The rate was recalculated periodically; hence, the rate was variable and reflected market
          conditions.4 The idea caught on, and eventually nearly all syndicated loans used LIBOR to
          calculate the interest charged.5 Soon the rate was adopted by bankers outside the loan market
          who were looking for an elegant proxy for bank borrowing costs that was simple, fair, and
          appeared to be independent.6

          In addition to providing loans at rates tied to LIBOR, banks whose submissions determined the
          fixing of LIBOR had also begun to borrow heavily using LIBOR-based contracts by the mid-
          1980s, creating an incentive to underreport funding costs.7 As a result, the British Bankers’
          Association (BBA) took control of the rate in 1986 to formalize the data collection and
          governance process.8 In that year, LIBOR settings were calculated for the U.S. dollar, the British
          pound, and the Japanese yen.9 Over time, the inclusion of additional currencies and integration of
          existing currencies into the euro left the BBA with oversight of settings for over ten currencies as
          of 2012.10 Fifteen maturity terms were reported for each currency, ranging from overnight to a 1
          year term.11

          Today, LIBOR is calculated daily by the Intercontinental Exchange (ICE) Benchmark
          Administration.12 Eighteen international banks submit rates that each bank believes it would pay,
          not what it actually pays, if it had to borrow money from another bank on the interbank lending
          market in London.13 The four highest and four lowest submissions are then removed in order to
          calculate LIBOR.14 Prior to the end of 2021, the ICE Benchmark Administration calculated the
          rate in five currencies (UK Pound Sterling, the Swiss Franc, the Euro, Japanese Yen, and the

1
  David Hou and David Skeie, LIBOR: Origins, Economics, Crisis, Scandal, and Reform, Federal Reserve Bank of New York
Staff Reports (March 2014), https://www.newyorkfed.org/medialibrary/media/research/staff_reports/sr667.pdf (last visited
Feb. 4, 2022).
2
  Id at 1.
3
  Gavin Finch and Liam Vaughan, The Man Who Invented the World’s Most Important Number (November 29, 2016),
https://www.bloomberg.com/news/features/2016-11-29/the-man-who-invented-libor-iw3fpmed (last visited Feb. 4, 2022).
4
  Id.
5
  Id.
6
  Id.
7
  David Hou & David Skeie, supra note 1.
8
  Id.
9
  Id.
10
   Id.
11
   Id.
12
   Miranda Marquit and Benjamin Curry, What Is Libor And Why Is It Being Abandoned?, Forbes (December 16, 2020),
https://www.forbes.com/advisor/investing/what-is-libor/ (last visited Feb. 4, 2022).
13
   Id.
14
   Id.
BILL: CS/SB 1246                                                                                                   Page 3

        U.S. Dollar), and LIBOR was produced in seven maturity terms or “tenors” (overnight/spot next,
        1-week, 1-month, 2-month, 3-month, 6-month, and 12-month).15

        LIBOR has come under increasing scrutiny from regulators and financial markets alike following
        the 2008 financial crisis as well as documented patterns of manipulation by participating banks.16
        Others have noted the declining correlations between LIBOR and actual bank funding costs.17 In
        2017, the entity that regulates LIBOR, the Financial Conduct Authority (FCA) of the United
        Kingdom, stated that LIBOR would cease after the end of 2021.18 However, most U.S. Dollar
        LIBOR tenors have been extended to the end of June 2023 to enable time for the market to
        transition away from LIBOR.19 The 1-week and 2-month U.S. Dollar LIBOR ended at the end of
        2021.20 The FCA has recommended transitions to alternative rates before these dates.21

        Adoption of the SOFR

        In 2014, the Federal Reserve Board and the Federal Reserve Bank of New York convened the
        Alternative Reference Rates Committee (ARRC) to address risks related to the U.S. Dollar
        LIBOR.22 The ARRC’s initial objectives were to identify risk-free alternative reference rates for
        the U.S. Dollar LIBOR, identify best practices for contract robustness, and create an
        implementation plan with metrics of success and a timeline to support an orderly adoption.23 The
        ARRC was reconstituted in 2018 with an expanded membership to serve as a forum to
        coordinate planning across cash and derivatives products as well as market participants that
        currently use the U.S. Dollar LIBOR.24 The ARRC is comprised of a diverse set of private-sector
        entities, each with an important presence in markets affected by the U.S. Dollar LIBOR, and a
        wide array of official-sector entities, including banking and financial sector regulators, as ex-
        officio members.25

        In 2017, the ARRC identified SOFR as its recommended alternative to the U.S. Dollar LIBOR.26
        SOFR is fully transaction-based and is a broad measure of the cost of borrowing cash overnight
        collateralized by U.S. Treasury securities.27 SOFR is based on transaction data from three
        segments of the Treasury repurchase agreement market: (1) tri-party repurchase agreements, (2)
        General Collateral Finance repurchase agreements; and (3) bilateral repurchase agreement

15
   Id.; Financial Conduct Authority, About LIBOR Transition, https://www.fca.org.uk/markets/libor-transition (last visited
Feb. 4, 2022).
16
   Marquit and Curry, supra note 12.
17
   Bowman et al., How Correlated is LIBOR with Bank Funding Costs? (June 29, 2020),
https://www.federalreserve.gov/econres/notes/feds-notes/how-correlated-is-libor-with-bank-funding-costs-20200629.htm
(last visited Feb. 4, 2022).
18
   Financial Conduct Authority, supra note 15.
19
   Id.
20
   Id.
21
   Id.
22
   Alternative Reference Rates Committee, Frequently Asked Questions (August 27, 2021),
https://www.newyorkfed.org/medialibrary/Microsites/arrc/files/ARRC-faq.pdf (last visited Feb. 4, 2022).
23
   Id.
24
   Id.
25
   Alternative Reference Rates Committee, Alternative Reference Rates Committee: About, https://www.newyorkfed.org/arrc
(last visited Feb. 4, 2022).
26
   Id.
27
   Id.
BILL: CS/SB 1246                                                                                                  Page 4

        transactions cleared through the Fixed Income Clearing Corporation.28 The Federal Reserve
        Bank of New York currently publishes SOFR data daily, as well as SOFR Averages and a SOFR
        Index.29

        LIBOR Discontinuance

        LIBOR has been used in setting interest rates for adjustable rate mortgages, asset-backed
        securities, municipal bonds, credit default swaps, private student loans, and other types of debt.30
        The total exposure to the U.S. Dollar LIBOR, as of the fourth quarter of 2020, was $223
        trillion.31 Although the derivatives market accounts for a large majority of the outstanding value
        of all financial products referencing the U.S. Dollar LIBOR, LIBOR is also referenced in several
        trillion dollars of corporate loans, floating-rate mortgages, floating-rate notes, and securitized
        products.32

        Financial institutions and other market participants have been in the process of assessing their
        exposure to the discontinuation of LIBOR, and various financial regulators have discouraged the
        use of LIBOR as a reference rate in new contracts after December 31, 2021.33 Some financial
        contracts that reference LIBOR include robust fallback language that contemplates a replacement
        interest rate index or replacement interest rate calculation in the event that the rate referenced in
        the contract is discontinued. While an estimated 67 percent of current LIBOR exposures will
        mature before LIBOR ceases at the end of June 2023, an estimated $74 trillion will remain
        outstanding.34 This fact underscores the importance of finding solutions for legacy contracts,
        including legacy LIBOR contracts that have no provisions to replace LIBOR upon its cessation.35
        The ARRC posits that legislation is necessary to address those contracts.36

        Recent Legislative Reforms

        Federal Legislation
        Similar to the bill, federal legislation (H.R. 4616) has been proposed that would provide for the
        transition of certain financial contracts away from LIBOR.37 In the event a contract referencing
        LIBOR does not have a fallback or replacement rate provision in effect when LIBOR is retired,
        or a replacement rate is not selected by a determining person as defined by H.R. 4616, H.R. 4616

28
   Id.
29
   Id.
30
   Marquit and Curry, supra note 12.
31
   Alternative Reference Rates Committee, supra note 22.
32
   Id.
33
   See, e.g., U.S. Securities and Exchange Commission Office of Compliance Inspections and Examinations, Risk Alert (June
18, 2020), https://www.sec.gov/files/Risk%20Alert%20-%20OCIE%20LIBOR%20Initiative_1.pdf (last visited Feb. 4,
2022); Board of Governors of the Federal Reserve System et al., Statement on LIBOR Transition (November 30, 2020),
https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20201130a1.pdf (last visited Feb. 4, 2022); Rohit
Chopra, Joint Statement on Managing the LIBOR Transition (Oct. 20, 2021), https://www.consumerfinance.gov/about-
us/newsroom/joint-statement-on-managing-the-libor-transition/#note5 (last visited Feb. 4, 2022).
34
   Alternative Reference Rates Committee, supra note 22.
35
   Id.
36
   Id.
37
   Adjustable Interest Rate (LIBOR) Act of 2021, H.R. 4616, 117th Cong., https://www.congress.gov/bill/117th-
congress/house-bill/4616/text (last visited Feb. 4, 2022).
BILL: CS/SB 1246                                                                                                        Page 5

         provides for a transition to SOFR as the replacement rate.38 H.R. 4616 also provides for
         conforming changes to these contracts, the continuity and enforceability of these contracts, and
         protections against liability as a result of such a transition.39 H.R. 4616 passed the House but has
         not yet been acted upon in the Senate.40

         State Legislation
         New York41 and Alabama42 have passed similar legislation.

III.     Effect of Proposed Changes:

         Section 1 creates s. 687.15, F.S., “Benchmark Replacements for the London Interbank Offered
         Rate,” which provides for the transition to the Secured Overnight Financing Rate (SOFR) as the
         replacement rate for LIBOR for contracts and instruments that lack applicable transition
         provisions.

         The bill provides the following legislative finding:

                  The Legislature finds that the discontinuation of (LIBOR)43 as a viable interest
                  rate threatens the continued viability of certain contracts, securities, and
                  instruments and the rights of the parties to those contracts, securities, or
                  instruments. Furthermore, the threat of unknown and potentially unbounded
                  liability and the viability of contracts, securities, and instruments threatens the
                  state's economy and has created an overpowering public necessity to provide an
                  immediate and remedial legislative solution. Therefore, the Legislature intends for
                  parties to certain contracts, securities, or instruments, as provided in [the bill], to
                  enjoy heightened legal protections as a result of the discontinuation of LIBOR.
                  The Legislature also finds that there are no alternative means to meet this public
                  necessity. The Legislature finds that the public interest as a whole is best served
                  by providing certainty to these contracts, securities, and instruments and the
                  parties thereto, so that these contracts, securities, and instruments may remain
                  viable and continue to be enforceable in the state.




38
   Id.
39
   Id.
40
   Id.
41
   See NY Assembly Bill 164B, https://www.nysenate.gov/legislation/bills/2021/S297, (last visited Feb. 4, 2022).
42
   Financial transactions, Senate Bill 279, https://legiscan.com/AL/text/SB279/id/2379813 (last visited Feb. 4, 2022).
43
   “LIBOR” means, for purposes of the application of the bill to any particular contract, security, or instrument, the United
States Dollar LIBOR, formerly known as the London Interbank Offered Rate, as administered by ICE Benchmark
Administration, or any predecessor or successor thereof, or any tenor thereof, as applicable, that is used in making any
calculation or determination of benchmark rates.
BILL: CS/SB 1246                                                                                                        Page 6

         Under the bill, various LIBOR discontinuance events44 trigger a LIBOR replacement date45 for a
         contract, security, or instrument46 that uses LIBOR as a benchmark,47 if the contract, security, or
         instrument also:
          Does not contain a fallback provision;48 or
          Contains fallback provisions resulting in a benchmark replacement49 that is based in any way
             on a LIBOR value.

         These specific contracts, securities, and instruments that rely on LIBOR will, by operation of law
         on the LIBOR replacement date, replace LIBOR with the recommended benchmark replacement.

44
  “LIBOR discontinuance event” means the earliest to occur of any of the following:
          a. A public statement or publication of information by, or on behalf of, the administrator of LIBOR announcing that
the administrator has ceased or will cease to provide LIBOR permanently or indefinitely, if, at the time of the statement or
publication, there is no successor administrator that will continue to provide LIBOR.
          b. A public statement or publication of information by the regulatory supervisor for the administrator of LIBOR, the
Federal Reserve System, an insolvency official with jurisdiction over the administrator of LIBOR, a resolution authority with
jurisdiction over the administrator of LIBOR, or a court or an entity with similar insolvency or resolution authority over the
administrator of LIBOR, announcing that the administrator of LIBOR has ceased or will cease to provide LIBOR
permanently or indefinitely, if, at the time of the statement or publication, there is no successor administrator that will
continue to provide LIBOR.
          c. A public statement or publication of information by the regulatory supervisor for the administrator of LIBOR
announcing that LIBOR is no longer representative.

A public statement or publication of information that affects one or more tenors of LIBOR does not constitute a LIBOR
discontinuance event with respect to a contract, security, or instrument that:
          a. Provides for only one tenor of LIBOR, if the contract, security, or instrument requires interpolation and the tenor
can be interpolated from LIBOR tenors that are not so affected; or
          b. Allows a party to choose from more than one tenor of LIBOR and any of the tenors is not so affected or, if the
contract, security, or instrument requires interpolation, can be interpolated from LIBOR tenors that are not so affected.
45
   “LIBOR replacement date” means:
          a. In the case of a LIBOR discontinuance event described in a. or b. (supra note 44), the later of:
          (I) The date of the public statement or publication of information referenced in a. or b. (supra note 44); or
          (II) The date on which the administrator of LIBOR permanently or indefinitely ceases to provide LIBOR.
          b. In the case of a LIBOR discontinuance event described in c. (supra note 44), the date of the public statement or
publication of information referenced in c. (supra note 44).
          2. A date that affects one or more tenors of LIBOR does not constitute a LIBOR replacement date with respect to a
contract, security, or instrument that:
          a. Provides for only one tenor of LIBOR, if the contract, security, or instrument requires interpolation and the tenor
can be interpolated from LIBOR tenors that are not so affected; or
          b. Allows a party to choose from more than one tenor of LIBOR and any of the tenors is not so affected or, if the
contract, security, or instrument requires interpolation, can be interpolated from LIBOR tenors that are not so affected.
46
   “Contract, security, or instrument” includes, without limitation, any contract, agreement, mortgage, deed of trust, lease,
instrument, obligation, or security, whether representing debt or equity, and including any interest in a corporation,
partnership, or limited liability company.
47
   “Benchmark” means an index of interest rates or dividend rates that is used, in whole or in part, as the basis of, or as a
reference for, calculating or determining a valuation, payment, or other measurement under or with respect to a contract,
security, or instrument.
48
   “Fallback provision” means a term in a contract, security, or instrument which sets forth a methodology or procedure for
determining a benchmark replacement, including any term relating to the date on which the benchmark replacement becomes
effective, without regard to whether a benchmark replacement can be determined in accordance with the methodology or
procedure.
49
   “Benchmark replacement” means a benchmark, an interest rate, or a dividend rate that may or may not be based, in whole
or in part, on a prior setting of LIBOR, to replace LIBOR or any interest rate or dividend rate based on LIBOR, whether on a
temporary, permanent, or indefinite basis, under or with respect to a contract, security, or instrument.
BILL: CS/SB 1246                                                                                                          Page 7

         The recommended benchmark is a benchmark replacement based on SOFR50, which must
         include any recommended spread adjustment,51 and any benchmark replacement conforming
         change52 that has been selected or recommended by a relevant recommending body53 with
         respect to the type of contract, security, or instrument.

         After a LIBOR discontinuance event, any fallback provisions in a contract, security, or
         instrument that provides for a benchmark replacement based on or otherwise involving a poll,
         survey, or inquiry for quotes or information concerning interbank lending rates or any interest
         rate or dividend rate based on LIBOR will be void and of no force or effect.

         For any contract, security, or instrument that uses LIBOR as a benchmark and that contains
         fallback provisions that allow or require the selection of a benchmark replacement that is based
         in any way on a LIBOR value or a benchmark replacement that is similar to LIBOR, a
         determining person54 may select the recommended benchmark replacement as the benchmark
         replacement after the occurrence of a LIBOR discontinuance event. In such case, the selection of
         the recommended benchmark replacement must be:
          Irrevocable;

50
   “SOFR” means, with respect to any day, the secured overnight financing rate published for the day by the Federal Reserve
Bank of New York as the administrator of the benchmark, or a successor administrator, on the Federal Reserve Bank of New
York's website.
51
   “Recommended spread adjustment” means a spread adjustment, or method for calculating or determining the spread
adjustment, which has been selected or recommended by a relevant recommending body for a recommended benchmark
replacement for a particular type of contract, security, or instrument and for a particular term to account for the effects of the
transition or change from LIBOR to a recommended benchmark replacement. This term may be a positive or negative value
or zero.
52
   “Benchmark replacement conforming change” means, with respect to any type of contract, security, or instrument, a
technical, administrative, or operational change, alteration, or modification that is associated with and reasonably necessary
to the use, adoption, calculation, or implementation of a recommended benchmark replacement and that has been selected or
recommended by a relevant recommending body. However, if, in the reasonable judgment of a calculating person, the
change, alteration, or modification selected or recommended by a relevant recommending body does not apply to the
contract, security, or instrument or is insufficient to allow administration and calculation of the recommended benchmark
replacement, the benchmark replacement conforming change may include other changes, alterations, or modifications that, in
the reasonable judgment of the calculating person:
          1. Are necessary to allow administration and calculation of the recommended benchmark replacement under or with
respect to the contract, security, or instrument in a manner consistent with market practice for substantially similar contracts,
securities, or instruments and, to the extent practicable, the manner in which the contract, security, or instrument was
administered immediately before the LIBOR replacement date.
          2. Would not result in a disposition of the contract, security, or instrument for federal income tax purposes.

“Calculating person” means, with respect to any contract, security, or instrument, a person responsible for calculating or
determining a valuation, payment, or other measurement based on a benchmark. This person may be the determining person.
See infra note 54 for the definition of “determining person”.
53
   “Relevant recommending body” means the Federal Reserve Board, the Federal Reserve Bank of New York, the ARRC, or
a successor to any of these.
54
   “Determining person” means, with respect to any contract, security, or instrument, the following persons in decreasing
order of priority:
         1. A person so specified.
         2. A person with the authority, right, or obligation to do any of the following:
         a. Determine the benchmark replacement that will take effect on the LIBOR replacement date.
         b. Calculate or determine a valuation, payment, or other measurement based on a benchmark.
         c. Notify other persons of the occurrence of a LIBOR discontinuance event, a LIBOR replacement date, or a
benchmark replacement.
BILL: CS/SB 1246                                                                                   Page 8

         Made by the earlier of the LIBOR replacement date or the latest date for selecting a
          benchmark replacement according to the contract, security, or instrument; and
         Used in any determination of the benchmark under or with respect to the contract, security,
          or instrument occurring on and after the LIBOR replacement date.

      If a recommended benchmark replacement becomes the benchmark replacement for a contract,
      security, or instrument under the bill, then all benchmark replacement conforming changes that
      are applicable to the recommended benchmark replacement must become an integral part of the
      contract, security, or instrument by operation of law.

      The selection or use of a recommended benchmark replacement as a benchmark replacement
      under or with respect to a contract, security, or instrument, by operation of the bill, constitutes:
       A commercially reasonable replacement for and a commercially substantial equivalent to
         LIBOR.
       A reasonable, comparable, or analogous term for LIBOR under or with respect to the
         contract, security, or instrument.
       A replacement that is based on a methodology or information that is similar or comparable to
         LIBOR.
       Substantial performance by any person of any right or obligation relating to or based on
         LIBOR under or with respect to a contract, security, or instrument.

      A LIBOR discontinuance event, a LIBOR replacement date, the selection or use of a
      recommended benchmark replacement as a benchmark replacement, or the determination,
      implementation, or performance of a benchmark replacement conforming change, in each case,
      by operation of the bill, may not:
       Be deemed to impair or affect the right of any person to receive a payment, or affect the
          amount or timing of the payment, under a contract, security, or instrument;
       Have the effect of discharging or excusing performance under a contract, security, or
          instrument for any reason, claim, or defense, including, but not limited to, any force majeure
          or other provision in a contract, security, or instrument;
       Have the effect of giving any person the right to unilaterally terminate or suspend
          performance under a contract, security, or instrument;
       Have the effect of constituting a breach of a contract, security, or instrument; or
       Have the effect of voiding or nullifying a contract, security, or instrument.

      A person is not liable for damages to any other person, and is not subject to any claim or request
      for equitable relief, that arises out of, or is related to the selection or use of a recommended
      benchmark replacement or the determination, implementation, or performance of a benchmark
      replacement conforming change, in each case, by operation of the bill. The selection or use of the
      recommended benchmark replacement or the determination, implementation, or performance of
      a benchmark replacement conforming change may not give rise to any claim or cause of action
      by any person in law or in equity.

      The selection or use of a recommended benchmark replacement or the determination,
      implementation, or performance of a benchmark replacement conforming change, by operation
      of the bill, may not be deemed to:
BILL: CS/SB 1246                                                                                           Page 9

              Be an amendment or modification of a contract, security, or instrument.
              Prejudice, impair, or affect a person's rights, interests, or obligations under or with respect to
               a contract, security, or instrument.

           Except as otherwise provided in the bill, the bill may not be interpreted as creating a negative
           inference or negative presumption regarding the validity or enforceability of any of the
           following:
            A benchmark replacement that is not a recommended benchmark replacement.
            A spread adjustment, or method for calculating or determining a spread adjustment, which is
               not a recommended spread adjustment.
            A change, alteration, or modification to or with respect to a contract, security, or instrument
               which is not a benchmark replacement conforming change.

           The bill does not alter or impair any of the following:
            A written agreement by all required parties which, retrospectively or prospectively, provides
              that a contract, security, or instrument is not subject to the bill without necessarily referring
              specifically to the statute created by the bill.
            A contract, security, or instrument that contains fallback provisions that would result in a
              benchmark replacement that is not based on LIBOR, including, but not limited to, the prime
              rate or the federal funds rate. However, after the occurrence of a LIBOR discontinuance
              event, any fallback provisions in a contract, security, or instrument which provide for a
              benchmark replacement based on or otherwise involving a poll, survey, or inquiry for quotes
              or information concerning interbank lending rates or any interest rate or dividend rate based
              on LIBOR will be void and of no force or effect.
            A contract, security, or instrument as to which a determining person does not elect to use a
              recommended benchmark replacement or as to which a determining person elects to use a
              recommended benchmark replacement before the occurrence of a LIBOR discontinuance
              event. However, after the occurrence of a LIBOR discontinuance event, any fallback
              provisions in a contract, security, or instrument which provide for a benchmark replacement
              based on or otherwise involving a poll, survey, or inquiry for quotes or information
              concerning interbank lending rates or any interest rate or dividend rate based on LIBOR will
              be void and of no force or effect.
            The application to a recommended benchmark replacement of any cap, floor, modifier, or
              spread adjustment to which LIBOR had been subject pursuant to the terms of a contract,
              security, or instrument.

           Notwithstanding the Uniform Commercial Code55 or any other law of this state, and except as
           otherwise provided in the bill, the bill applies to all contracts, securities, and instruments,
           including contracts with respect to commercial transactions, and may not be superseded by any
           other law of this state.

           Section 2 provides that the provisions of the bill are remedial in nature and apply retroactively to
           all contracts, agreements, mortgages, deeds of trust, leases, instruments, obligations, or



55
     Chapters 670-680, F.S., comprise the Uniform Commercial Code. Section 671.101, F.S.
BILL: CS/SB 1246                                                                                                                    Page 10

           securities, whether representing debt or equity, and including all interests in a corporation,
           partnership, or limited liability company, in existence on December 31, 2021.

           Section 3 provides that the bill takes effect upon becoming a law.

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:

                      Impairment of Contracts and Due Process

                      Both the Florida and the United States Constitutions prohibit the state from passing a law
                      impairing contractual obligations.56 However, the Legislature may provide that a non-
                      criminal law, including one that affects existing contractual obligations, applies
                      retroactively in certain situations.57 In determining whether a law may be applied
                      retroactively, courts first determine whether the law is procedural, remedial, or
                      substantive in nature.58 A purely procedural or remedial law may apply retroactively
                      without offending the Constitution, but a substantive law generally may not apply
                      retroactively absent clear legislative intent to the contrary.59 However, even where the
                      Legislature has expressly stated that a law will have retroactive application, a court may
                      reject that application if the law impairs a vested right, creates a new obligation, or
                      imposes a new penalty.60 Further, where a law is designed to serve a remedial purpose, a
                      court may decide not to apply the law retroactively where doing so “would attach new
                      legal consequences to events completed before its enactment.”61


56 U.S. Const. art. I, s. 10; Art. I, s. 10, Fla. Const.
57 U.S. Const. art. I, ss. 9 and 10; Art. 1, s. 10, Fla. Const.
58 A procedural law merely establishes the means and methods for applying or enforcing existing duties or rights. A remedial law confers

or changes a remedy, i.e., the means employed in enforcing an existing right or in redressing an injury. A substantive law creates, alters, or
impairs existing substantive rights. Windom v. State, 656 So. 2d 432 (Fla. 1995); St. John’s Village I, Ltd. v. Dept. of State, 497 So. 2d 990
(Fla. 5th DCA 1986); McMillen v. State Dept. of Revenue, 74 So. 2d 1234 (Fla. 1st DCA 1999).
59 State Farm Mutual Automobile Ins. Co. v. Laforet, 658 So. 2d 55 (Fla. 1995).
60 Menendez v. Progressive Exp. Ins. Co., Inc., 35 So. 3d 873 (Fla. 2010).
61 L. Ross, Inc. v. R.W. Roberts Const. Co., 481 So. 2d 484 (Fla. 1986).
BILL: CS/SB 1246                                                                                                                     Page 11

                    Moreover, both the Florida and United States Constitutions prohibit the taking of life,
                    liberty, or property without due process of law.62 The right to contract, as long as no
                    fraud or deception is involved and the contract is otherwise legal, is both a liberty and a
                    property right subject to due process protections, and the impairment of contracts may, in
                    certain instances, be viewed as the taking of property without due process.63

                    For certain contracts and instruments, the bill provides for a transition to SOFR as the
                    replacement rate for LIBOR, provides for conforming changes to be made to the contract
                    or instrument, voids fallback provisions that are based on LIBOR, and provides for
                    construction of rights and duties under contracts affected by the bill. Additionally, the bill
                    contains a statement of legislative intent indicating that the bill is remedial in nature and
                    applies retroactively to all contracts, agreements, mortgages, deeds of trust, leases,
                    instruments, obligations, or securities, whether representing debt or equity, and including
                    all interests in a corporation, partnership, or limited liability company, in existence on
                    December 31, 2021. Whether the Legislature’s retroactive modification of such contracts
                    and instruments is procedural, remedial, or substantive, and whether such modification
                    implicates the constitutional right to contract or the constitutional right to due process, is
                    for the courts to decide.

                    Retroactive Application of Law and Expression of Remedial Nature

                    Under Florida law, statutes are presumed to operate prospectively, not retroactively. In
                    other words, statutes generally apply only to actions that occur on or after the effective
                    date of the legislation, not before the legislation becomes effective.

                    The Florida Supreme Court has noted that, under the rules of statutory construction, if
                    statutes are to operate retroactively, the Legislature must clearly express that intent for
                    the statute to be valid.64 When statutes that are expressly retroactive have been litigated
                    and appealed, the courts have been asked to determine whether the statute is remedial in
                    nature so as to require application to cases that were pending at the time the statute went
                    into effect. Generally, “the presumption applied to procedural and remedial statutes is
                    that they are to apply to pending cases.”65 Conversely, a law that affects substantive
                    rights by creating substantive new rights or imposing new legal burdens is presumed to
                    apply prospectively.66

                    In a recent Florida Supreme Court case, the Court acknowledged that “[t]he distinction
                    between substantive and procedural (remedial) law is neither simple nor certain.”67 The


62 U.S. Const. amends. V and XIV; Art. I, s. 21, Fla. Const.
63 Miles v. City of Edgewater Police Dept., 190 So. 3d 171 (Fla. 1st DCA 2016); see, e.g., Griffin v. Sharpe, 65 So. 2d 751 (Fla. 1953)

(finding that a statute removing a specific deed restriction’s expiration date both impaired contracts and constituted a taking of private
property without due process).
64
   Walker & LaBerge, Inc., v. Halligan, 344 So. 2d 239 (Fla. 1977). See also, Alamo Rent-A-Car, Inc. v. Mancusi, 632 So.2d
1352 (Fla. 1994). However, “[j]ust because the Legislature labels something as being remedial, however, does not make it
so.” See, e.g., State v. Smith, 547 So2d 613 (Fla. 1989); State, Dep’t of Transp. v. Knowles, 402 So.2d 1155 (Fla. 1981).
65
   Love at 181, citing Arrow Air, Inc. v. Walsh, 645 So.2d 422, 424 (Fla. 1994).
66
   Arrow Air, Inc., at 424.
67
   Love v. State, 286 So. 3d 177, 183 (Fla. 2019) quoting Caple v. Tuttle’s Design-Build, Inc., 753 So. 2d 49, 53 (Fa. 2000).
BILL: CS/SB 1246                                                                                                                       Page 12

                    Court further acknowledged that their previous pronouncements regarding the
                    retroactivity of procedural laws have been less than precise and have been unclear.68

                    Courts, however, have invalidated the retroactive application of a statute if the statute
                    impairs vested rights, creates new obligations, or imposes new penalties.69 Still, in other
                    cases, the courts have permitted statutes to be applied retroactively if they do not create
                    new, or take away, vested rights, but only operate to further a remedy or confirm rights
                    that already exist.70

                    Access to Courts

                    In Kluger v. White,71 the Florida Supreme Court evaluated to what extent the Legislature
                    may alter a civil cause of action. The Court stated that it would not completely prohibit the
                    Legislature from altering a cause of action, but neither would it allow the Legislature "to
                    destroy a traditional and long-standing cause of action upon mere legislative whim . . . ."
                    The takeaway from Kluger and other relevant case law is that the Legislature may:
                     Reduce the right to bring a cause of action as long as the right is not entirely
                        abolished.72
                     Abolish a cause of action that is not "traditional and long-standing" – that is, a cause
                        of action that did not exist at common law, and that did not exist in statute before the
                        adoption of the Florida Constitution's Declaration of Rights.73
                     Abolish a cause of action if the Legislature either:
                        o Provides a reasonable commensurate benefit in exchange;74 or
                        o Shows an "overpowering public necessity for the abolishment of such right, and
                            no alternative method of meeting such public necessity can be shown."75

                    The bill precludes liability, a claim, or a cause of action arising out of or related to the
                    selection or use of a recommended benchmark replacement or the determination,
                    implementation, or performance of a benchmark replacement conforming change. The
                    bill also provides a statement demonstrating the overpowering public necessity for the
                    bill and a finding that there are no alternative means to meet this public necessity.
68
   Love at 184.
69
   R.A.M. of South Florida, Inc. v. WCI Communities, Inc., 869 So. 2d 1210 (Fla 2004).
70
   Ziccardi v. Strother, 570 So. 2d 1319 (Fla. 1990).
71 Kluger, 281 So. 2d 1 (Fla. 1973).
72 See Achord v. Osceola Farms Co., 52 So. 3d 699 (Fla. 2010).
73
    See Anderson v. Gannett Comp., 994 So. 2d 1048 (Fla. 2008) (false light was not actionable under the common law); McPhail v. Jenkins,
382 So. 2d 1329 (Fla. 1980) (wrongful death was not actionable under the common law); see also Kluger, 281 So. 2d at 4 ("We hold,
therefore, that where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption
of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State
. . . the Legislature is without power to abolish such a right without providing a reasonable alternative . . . unless the Legislature can show an
overpowering public necessity . . .").
74 Kluger, 281 So. 2d at 4; see Univ. of Miami v. Echarte, 618 So. 2d 189 (Fla. 1993) (upholding statutory cap on medical malpractice

damages because the Legislature provided arbitration, which is a "commensurate benefit" for a claimant); accord Lasky v. State Farm Ins.
Co., 296 So. 2d 9 (Fla. 1974); but see Smith v. Dept. of Ins., 507 So. 2d 1080 (Fla. 1992) (striking down noneconomic cap on damages, which,
although not wholly abolishing a cause of action, did not provide a commensurate benefit).
75 Kluger, 281 So. 2d at 4-5 (noting that in 1945, the Legislature abolished the right to sue for several causes of action, but successfully

demonstrated "the public necessity required for the total abolition of a right to sue") (citing Rotwein v. Gersten, 36 So. 2d 419 (Fla. 1948);
see Echarte, 618 So. 2d at 195 ("Even if the medical malpractice arbitration statutes at issue did not provide a commensurate benefit, we
would find that the statutes satisfy the second prong of Kluger which requires a legislative finding that an 'overpowering public necessity'
exists, and further that 'no alternative method of meeting such public necessity can be shown'").
 BILL: CS/SB 1246                                                                                                                     Page 13

  V.    Fiscal Impact Statement:

        A.       Tax/Fee Issues:

                 None.

        B.       Private Sector Impact:

                 This bill changes terms of certain contracts by the effect of law. This may make the
                 effectuation of these contracts more efficient, as the LIBOR benchmark is being
                 discontinued.

        C.       Government Sector Impact:

                 None.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill substantially amends section 687.15 of the Florida Statutes.

 IX.    Additional Information:

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

                 CS by Commerce and Tourism on February 7, 2022:
                  Clarifies the definition of a “benchmark replacement conforming change” to allow,
                    but not require, additional changes to a contract, security, or instrument if the changes
                    selected or recommended by the relevant recommending body are insufficient to
                    allow for the administration and calculation of the recommended benchmark
                    replacement; and
                  Replaces the undefined term “recommended replacement benchmark” with the
                    defined “recommended benchmark replacement.”

        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 1246




                             Ì235134~Î235134


                             LEGISLATIVE ACTION
              Senate                 .                   House
             Comm: RCS               .
         02/08/2022                  .
                                     .
                                     .
                                     .




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


1        Senate Amendment (with title amendment)
2
3        Delete everything after the enacting clause
4    and insert:
5        Section 1. Section 687.15, Florida Statutes, is created to
6    read:
7        687.15 Benchmark replacements for the London Interbank
8    Offered Rate.—
9        (1) The Legislature finds that the discontinuation of the
10   London Interbank Offered Rate (LIBOR) as a viable interest rate



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     Florida Senate - 2022                          COMMITTEE AMENDMENT
     Bill No. SB 1246




                             Ì235134~Î235134


11   threatens the continued viability of certain contracts,
12   securities, and instruments and the rights of the parties to
13   those contracts, securities, or instruments. Furthermore, the
14   threat of unknown and potentially unbounded liability and the
15   viability of contracts, securities, and instruments threatens
16   the state’s economy and has created an overpowering public
17   necessity to provide an immediate and remedial legislative
18   solution. Therefore, the Legislature intends for parties to
19   certain contracts, securities, or instruments, as provided in
20   this section, to enjoy heightened legal protections as a result
21   of the discontinuation of LIBOR. The Legislature also finds that
22   there are no alternative means to meet this public necessity.
23   The Legislature finds that the public interest as a whole is
24   best served by providing certainty to these contracts,
25   securities, and instruments and the parties thereto, so that
26   these contracts, securities, and instruments may remain viable
27   and continue to be enforceable in the state.
28       (2) As used in this section, the term:
29       (a) “Benchmark” means an index of interest rates or
30   dividend rates that is used, in whole or in part, as the basis
31   of, or as a reference for, calculating or determining a
32   valuation, payment, or other measurement under or with respect
33   to a contract, security, or instrument.
34       (b) “Benchmark replacement” means a benchmark, an interest
35   rate, or a dividend rate that may or may not be based, in whole
36   or in part, on a prior setting of LIBOR, to replace LIBOR or any
37   interest rate or dividend rate based on LIBOR, whether on a
38   temporary, permanent, or indefinite basis, under or with respect
39   to a contract, security, or instrument.

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     Florida Senate - 2022                         COMMITTEE AMENDMENT
     Bill No. SB 1246




                             Ì235134~Î235134


40       (c) “Benchmark replacement conforming change” means, with
41   respect to any type of contract, security, or instrument, a
42   technical, administrative, or operational change, alteration, or
43   modification that is associated with and reasonably necessary to
44   the use, adoption, calculation, or implementation of a
45   recommended benchmark replacement and that has been selected or
46   recommended by a relevant recommending body. However, if, in the
47   reasonable judgment of a calculating person, the change,
48   alteration, or modification selected or recommended by a
49   relevant recommending body does not apply to the contract,
50   security, or instrument or is insufficient to allow
51   administration and calculation of the recommended benchmark
52   replacement, the benchmark replacement conforming change may
53   include other changes, alterations, or modifications that, in
54   the reasonable judgment of the calculating person:
55       1. Are necessary to allow administration and calculation of
56   the recommended benchmark replacement under or with respect to
57   the contract, security, or instrument in a manner consistent
58   with market practice for substantially similar contracts,
59   securities, or instruments and, to the extent practicable, the
60   manner in which the contract, security, or instrument was
61   administered immediately before the LIBOR replacement date.
62       2. Would not result in a disposition of the contract,
63   security, or instrument for federal income tax purposes.
64       (d) “Calculating person” means, with respect to any
65   contract, security, or instrument, a person responsible for
66   calculating or determining a valuation, payment, or other
67   measurement based on a benchmark. This person may be the
68   determining person.

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69       (e) “Contract, security, or instrument” includes, without
70   limitation, any contract, agreement, mortgage, deed of trust,
71   lease, instrument, obligation, or security, whether representing
72   debt or equity, and including any interest in a corporation,
73   partnership, or limited liability company.
74       (f) “Determining person” means, with respect to any
75   contract, security, or instrument, the following persons in
76   decreasing order of priority:
77       1. A person so specified.
78       2. A person with the authority, right, or obligation to do
79   any of the following:
80       a. Determine the benchmark replacement that will take
81   effect on the LIBOR replacement date.
82       b. Calculate or determine a valuation, payment, or other
83   measurement based on a benchmark.
84       c. Notify other persons of the occurrence of a LIBOR
85   discontinuance event, a LIBOR replacement date, or a benchmark
86   replacement.
87       (g) “Fallback provision” means a term in a contract,
88   security, or instrument which sets forth a methodology or
89   procedure for determining a benchmark replacement, including any
90   term relating to the date on which the benchmark replacement
91   becomes effective, without regard to whether a benchmark
92   replacement can be determined in accordance with the methodology
93   or procedure.
94       (h) “LIBOR” means, for purposes of the application of this
95   section to any particular contract, security, or instrument, the
96   United States dollar LIBOR, formerly known as the London
97   Interbank Offered Rate, as administered by ICE Benchmark

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98    Administration, or any predecessor or successor thereof, or any
99    tenor thereof, as applicable, that is used in making any
100   calculation or determination of benchmark rates.
101       (i)1. “LIBOR discontinuance event” means the earliest to
102   occur of any of the following:
103       a. A public statement or publication of information by, or
104   on behalf of, the administrator of LIBOR announcing that the
105   administrator has ceased or will cease to provide LIBOR
106   permanently or indefinitely, if, at the time of the statement or
107   publication, there is no successor administrator that will
108   continue to provide LIBOR.
109       b. A public statement or publication of information by the
110   regulatory supervisor for the administrator of LIBOR, the
111   Federal Reserve System, an insolvency official with jurisdiction
112   over the administrator of LIBOR, a resolution authority with
113   jurisdiction over the administrator of LIBOR, or a court or an
114   entity with similar insolvency or resolution authority over the
115   administrator of LIBOR, announcing that the administrator of
116   LIBOR has ceased or will cease to provide LIBOR permanently or
117   indefinitely, if, at the time of the statement or publication,
118   there is no successor administrator that will continue to
119   provide LIBOR.
120       c. A public statement or publication of information by the
121   regulatory supervisor for the administrator of LIBOR announcing
122   that LIBOR is no longer representative.
123       2. A public statement or publication of information that
124   affects one or more tenors of LIBOR does not constitute a LIBOR
125   discontinuance event with respect to a contract, security, or
126   instrument that:

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127         a. Provides for only one tenor of LIBOR, if the contract,
128   security, or instrument requires interpolation and the tenor can
129   be interpolated from LIBOR tenors that are not so affected; or
130         b. Allows a party to choose from more than one tenor of
131   LIBOR and any of the tenors is not so affected or, if the
132   contract, security, or instrument requires interpolation, can be
133   interpolated from LIBOR tenors that are not so affected.
134         (j)1. “LIBOR replacement date” means:
135         a. In the case of a LIBOR discontinuance event described in
136   sub-subparagraph (i)1.a. or sub-subparagraph (i)1.b., the later
137   of:
138         (I) The date of the public statement or publication of
139   information referenced in sub-subparagraph (i)1.a. or sub-
140   subparagraph (i)1.b.; or
141         (II) The date on which the administrator of LIBOR
142   permanently or indefinitely ceases to provide LIBOR.
143         b. In the case of a LIBOR discontinuance event described in
144   sub-subparagraph (i)1.c., the date of the public statement or
145   publication of information referenced in sub-subparagraph
146   (i)1.c.
147         2. A date that affects one or more tenors of LIBOR does not
148   constitute a LIBOR replacement date with respect to a contract,
149   security, or instrument that:
150         a. Provides for only one tenor of LIBOR, if the contract,
151   security, or instrument requires interpolation and the tenor can
152   be interpolated from LIBOR tenors that are not so affected; or
153         b. Allows a party to choose from more than one tenor of
154   LIBOR and any of the tenors is not so affected or, if the
155   contract, security, or instrument requires interpolation, can be

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156   interpolated from LIBOR tenors that are not so affected.
157       (k) “Recommended benchmark replacement” means, with respect
158   to any particular type of contract, security, or instrument, a
159   benchmark replacement based on SOFR that must include any
160   recommended spread adjustment and any benchmark replacement
161   conforming change that have been selected or recommended by a
162   relevant recommending body with respect to the type of contract,
163   security, or instrument.
164       (l) “Recommended spread adjustment” means a spread
165   adjustment, or method for calculating or determining the spread
166   adjustment, which has been selected or recommended by a relevant
167   recommending body for a recommended benchmark replacement for a
168   particular type of contract, security, or instrument and for a
169   particular term to account for the effects of the transition or
170   change from LIBOR to a recommended benchmark replacement. This
171   term may be a positive or negative value or zero.
172       (m) “Relevant recommending body” means the Federal Reserve
173   Board, the Federal Reserve Bank of New York, the Alternative
174   Reference Rates Committee, or a successor to any of them.
175       (n) “SOFR” means, with respect to any day, the secured
176   overnight financing rate published for the day by the Federal
177   Reserve Bank of New York as the administrator of the benchmark,
178   or a successor administrator, on the Federal Reserve Bank of New
179   York’s website.
180       (3) On the LIBOR replacement date, the recommended
181   benchmark replacement, by operation of law, shall be the
182   benchmark replacement for a contract, security, or instrument
183   that uses LIBOR as a benchmark and that:
184       (a) Does not contain a fallback provision; or

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185       (b) Contains fallback provisions resulting in a benchmark
186   replacement, other than a recommended benchmark replacement,
187   that is based in any way on a LIBOR value.
188       (4) After the occurrence of a LIBOR discontinuance event,
189   any fallback provisions in a contract, security, or instrument
190   which provide for a benchmark replacement based on or otherwise
191   involving a poll, survey, or inquiry for quotes or information
192   concerning interbank lending rates or any interest rate or
193   dividend rate based on LIBOR shall be void and of no force or
194   effect.
195       (5)(a) A determining person may, but is not required to,
196   select the recommended benchmark replacement as the benchmark
197   replacement after the occurrence of a LIBOR discontinuance
198   event. The selection of the recommended benchmark replacement
199   must be:
200       1. Irrevocable;
201       2. Made by the earlier of the LIBOR replacement date or the
202   latest date for selecting a benchmark replacement according to
203   the contract, security, or instrument; and
204       3. Used in any determination of the benchmark under or with
205   respect to the contract, security, or instrument occurring on
206   and after the LIBOR replacement date.
207       (b) Paragraph (a) applies to a contract, security, or
208   instrument that uses LIBOR as a benchmark and that contains
209   fallback provisions allowing or requiring the selection of a
210   benchmark replacement that is:
211       1. Based in any way on a LIBOR value; or
212       2. The substantive equivalent of paragraph (7)(a),
213   paragraph (7)(b), or paragraph (7)(c).

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214       (6) If a recommended benchmark replacement becomes the
215   benchmark replacement for a contract, security, or instrument
216   under this section, then all benchmark replacement conforming
217   changes that are applicable to the recommended benchmark
218   replacement must become an integral part of the contract,
219   security, or instrument by operation of law.
220       (7) The selection or use of a recommended benchmark
221   replacement as a benchmark replacement under or with respect to
222   a contract, security, or instrument by operation of this section
223   constitutes all of the following:
224       (a) A commercially reasonable replacement for and a
225   commercially substantial equivalent to LIBOR.
226       (b) A reasonable, comparable, or analogous term for LIBOR
227   under or with respect to the contract, security, or instrument.
228       (c) A replacement that is based on a methodology or
229   information that is similar or comparable to LIBOR.
230       (d) Substantial performance by any person of any right or
231   obligation relating to or based on LIBOR under or with respect
232   to a contract, security, or instrument.
233       (8) A LIBOR discontinuance event, a LIBOR replacement date,
234   the selection or use of a recommended benchmark replacement as a
235   benchmark replacement, or the determination, implementation, or
236   performance of a benchmark replacement conforming change, in
237   each case, by operation of this section, may not:
238       (a) Be deemed to impair or affect the right of any person
239   to receive a payment, or affect the amount or timing of the
240   payment, under a contract, security, or instrument;
241       (b) Have the effect of discharging or excusing performance
242   under a contract, security, or instrument for any reason, claim,

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243   or defense, including, but not limited to, any force majeure or
244   other provision in a contract, security, or instrument;
245       (c) Have the effect of giving any person the right to
246   unilaterally terminate or suspend performance under a contract,
247   security, or instrument;
248       (d) Have the effect of constituting a breach of a contract,
249   security, or instrument; or
250       (e) Have the effect of voiding or nullifying a contract,
251   security, or instrument.
252       (9) A person is not liable for damages to any other person,
253   and is not subject to any claim or request for equitable relief,
254   arising out of or related to the selection or use of a
255   recommended benchmark replacement or the determination,
256   implementation, or performance of a benchmark replacement
257   conforming change, in each case, by operation of this section.
258   The selection or use of the recommended benchmark replacement or
259   the determination, implementation, or performance of a benchmark
260   replacement conforming change may not give rise to any claim or
261   cause of action by any person in law or in equity.
262       (10) The selection or use of a recommended benchmark
263   replacement or the determination, implementation, or performance
264   of a benchmark replacement conforming change, by operation of
265   this section, may not be deemed to:
266       (a) Be an amendment or modification of a contract,
267   security, or instrument.
268       (b) Prejudice, impair, or affect a person’s rights,
269   interests, or obligations under or with respect to a contract,
270   security, or instrument.
271       (11) Except as provided in subsection (3) or subsection

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272   (5), this section may not be interpreted as creating a negative
273   inference or negative presumption regarding the validity or
274   enforceability of any of the following:
275       (a) A benchmark replacement that is not a recommended
276   benchmark replacement.
277       (b) A spread adjustment, or method for calculating or
278   determining a spread adjustment, which is not a recommended
279   spread adjustment.
280       (c) A change, alteration, or modification to or with
281   respect to a contract, security, or instrument which is not a
282   benchmark replacement conforming change.
283       (12) This section does not alter or impair any of the
284   following:
285       (a) A written agreement by all requisite parties which,
286   retrospectively or prospectively, provides that a contract,
287   security, or instrument is not subject to this section without
288   necessarily referring specifically to this section. As used in
289   this paragraph, the term “requisite parties” means all parties
290   required to amend the terms and provisions of a contract,
291   security, or instrument that would otherwise be altered or
292   affected by this section.
293       (b) A contract, security, or instrument that contains
294   fallback provisions that would result in a benchmark replacement
295   that is not based on LIBOR, including, but not limited to, the
296   prime rate or the federal funds rate. However, the contract,
297   security, or instrument is subject to subsection (4).
298       (c) A contract, security, or instrument subject to
299   subsection (5) as to which a determining person does not elect
300   to use a recommended benchmark replacement or as to which a

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301   determining person elects to use a recommended benchmark
302   replacement before the occurrence of a LIBOR discontinuance
303   event. However, the contract, security, or instrument is subject
304   to subsection (4).
305       (d) The application to a recommended benchmark replacement
306   of any cap, floor, modifier, or spread adjustment to which LIBOR
307   had been subject pursuant to the terms of a contract, security,
308   or instrument.
309       (13) Notwithstanding the Uniform Commercial Code or any
310   other law of this state, and except as otherwise provided in
311   this section, this section applies to all contracts, securities,
312   and instruments, including contracts with respect to commercial
313   transactions, and may not be superseded by any other law of this
314   state.
315       Section 2. This act is remedial in nature and applies
316   retroactively to all contracts, agreements, mortgages, deeds of
317   trust, leases, instruments, obligations, or securities, whether
318   representing debt or equity, and including all interests in a
319   corporation, partnership, or limited liability company, in
320   existence on December 31, 2021.
321       Section 3. This act shall take effect upon becoming a law.
322
323   ================= T I T L E   A M E N D M E N T ================
324   And the title is amended as follows:
325       Delete everything before the enacting clause
326   and insert:
327                           A bill to be entitled
328       An act relating to benchmark replacements for London
329       Interbank Offered Rate; creating s. 687.15, F.S.;

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330       providing legislative findings and intent and a
331       statement of public interest; providing definitions;
332       requiring that recommended benchmark replacements
333       selected or recommended by specified persons be
334       benchmark replacements on the United States dollar
335       London Interbank Offered Rate (LIBOR) replacement date
336       for certain contracts, securities, and instruments;
337       requiring certain fallback provisions in contracts,
338       securities, and instruments providing specified
339       benchmark replacements to be disregarded and void;
340       authorizing specified persons to select benchmark
341       replacements under certain circumstances; providing
342       requirements for such selection; providing
343       applicability; requiring benchmark replacement
344       conforming changes to become an integral part of
345       contracts, securities, and instruments under certain
346       circumstances; providing construction; providing that
347       a person is not liable for damages and is not subject
348       to claims and requests for equitable relief under
349       certain circumstances; providing applicability;
350       prohibiting other laws from superseding specified
351       provisions; providing that the act is remedial in
352       nature; providing retroactive applicability; providing
353       an effective date.




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       By Senator Gruters




       23-01121-22                                               20221246__          23-01121-22                                               20221246__
 1                             A bill to be entitled                          30
 2          An act relating to benchmark replacements for London              31     Be It Enacted by the Legislature of the State of Florida:
 3          Interbank Offered Rate; creating s. 687.15, F.S.;                 32
 4          providing legislative findings and intent and a                   33             Section 1. Section 687.15, Florida Statutes, is created to
 5          statement of public interest; defining terms;                     34     read:
 6          requiring that recommended benchmark replacements                 35             687.15 Benchmark replacements for the London Interbank
 7          selected or recommended by specified persons be                   36     Offered Rate.—
 8          benchmark replacements on the United States dollar                37             (1) The Legislature finds that the discontinuation of the
 9          London Interbank Offered Rate (LIBOR) replacement date            38     London Interbank Offered Rate (LIBOR) as a viable interest rate
10          for certain contracts, securities, and instruments;               39     threatens the continued viability of certain contracts,
11          requiring that certain fallback provisions in                     40     securities, and instruments and the rights of the parties to
12          contracts, securities, and instruments providing                  41     those contracts, securities, or instruments. Furthermore, the
13          specified benchmark replacements be disregarded and               42     threat of unknown and potentially unbounded liability and the
14          void; authorizing specified persons to select                     43     viability of contracts, securities, and instruments threatens
15          benchmark replacements under certain circumstances;               44     the state’s economy and has created an overpowering public
16          providing requirements for such selection; providing              45     necessity to provide an immediate and remedial legislative
17          applicability; requiring that benchmark replacement               46     solution. Therefore, the Legislature intends for parties to
18          conforming changes become an integral part of                     47     certain contracts, securities, or instruments, as provided in
19          contracts, securities, and instruments under certain              48     this section, to enjoy heightened legal protections as a result
20          circumstances; providing requirements for selections              49     of the discontinuation of LIBOR. The Legislature also finds that
21          or uses of recommended benchmark replacements as                  50     there are no alternative means to meet this public necessity.
22          benchmark replacements; providing construction;                   51     The Legislature finds that the public interest as a whole is
23          providing that a person is not liable for damages and             52     best served by providing certainty to these contracts,
24          is not subject to claims and requests for equitable               53     securities, and instruments and the parties thereto, so that
25          relief under certain circumstances; providing                     54     these contracts, securities, and instruments may remain viable
26          applicability; prohibiting other laws from superseding            55     and continue to be enforceable in the state.
27          specified provisions; providing that the act is                   56             (2) As used in this section, the term:
28          remedial in nature; providing retroactive                         57             (a) “Benchmark” means an index of interest rates or
29          applicability; providing an effective date.                       58     dividend rates that is used, in whole or in part, as the basis

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59     of, or as a reference for, calculating or determining a                 88     market practice for substantially similar contracts, securities,
60     valuation, payment, or other measurement under or in respect of         89     or instruments and, to the extent practicable, the manner in
61     a contract, security, or instrument.                                    90     which the contract, security, or instrument was administered
62          (b) “Benchmark replacement” means a benchmark, an interest         91     immediately before the LIBOR replacement date; and
63     rate, or a dividend rate that may or may not be based, in whole         92          b. Would not result in a disposition of the contract,
64     or in part, on a prior setting of LIBOR, to replace LIBOR or any        93     security, or instrument for federal income tax purposes.
65     interest rate or dividend rate based on LIBOR, whether on a             94          (d) “Calculating person” means, with respect to any
66     temporary, permanent, or indefinite basis, under or in respect          95     contract, security, or instrument, a person responsible for
67     of a contract, security, or instrument.                                 96     calculating or determining a valuation, payment, or other
68          (c) “Benchmark replacement conforming change” means, with          97     measurement based on a benchmark. This person may be the
69     respect to any type of contract, security, or instrument, a             98     determining person.
70     technical, administrative, or operational change, alteration, or        99          (e) “Contract, security, or instrument” includes, without
71     modification that is associated with and reasonably necessary to       100     limitation, any contract, agreement, mortgage, deed of trust,
72     the use, adoption, calculation, or implementation of a                 101     lease, instrument, obligation, or security, whether representing
73     recommended benchmark replacement and that meets the following         102     debt or equity, and including any interest in a corporation,
74     conditions:                                                            103     partnership, or limited liability company.
75          1. The change, alteration, or modification has been               104          (f) “Determining person” means, with respect to any
76     selected or recommended by a relevant recommending body.               105     contract, security, or instrument, the following persons in
77          2. If, in the reasonable judgment of the calculating              106     decreasing order of priority:
78     person, the change, alteration, or modification selected or            107          1. A person so specified.
79     recommended under subparagraph 1. does not apply to the                108          2. A person with the authority, right, or obligation to do
80     contract, security, or instrument or is insufficient to allow          109     any of the following:
81     administration and calculation of the recommended benchmark            110          a. Determine the benchmark replacement that will take
82     replacement, the benchmark replacement conforming change must          111     effect on the LIBOR replacement date.
83     include other changes, alterations, or modifications that, in          112          b. Calculate or determine a valuation, payment, or other
84     the reasonable judgment of the calculating person:                     113     measurement based on a benchmark.
85          a. Are necessary to allow administration and calculation of       114          c. Notify other persons of the occurrence of a LIBOR
86     the recommended benchmark replacement under or in respect of the       115     discontinuance event, a LIBOR replacement date, or a benchmark
87     contract, security, or instrument in a manner consistent with          116     replacement.

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117          (g) “Fallback provision” means a term in a contract,              146     LIBOR has ceased or will cease to provide LIBOR permanently or
118     security, or instrument which sets forth a methodology or              147     indefinitely, if, at the time of the statement or publication,
119     procedure for determining a benchmark replacement, including any       148     there is no successor administrator that will continue to
120     term relating to the date on which the benchmark replacement           149     provide LIBOR.
121     becomes effective, without regard to whether a benchmark               150           c. A public statement or publication of information by the
122     replacement can be determined in accordance with the methodology       151     regulatory supervisor for the administrator of LIBOR announcing
123     or procedure.                                                          152     that LIBOR is no longer representative.
124          (h) “LIBOR” means, for purposes of the application of this        153           2. A public statement or publication of information that
125     section to any particular contract, security, or instrument, the       154     affects one or more tenors of LIBOR does not constitute a LIBOR
126     United States dollar LIBOR, formerly known as the London               155     discontinuance event with respect to a contract, security, or
127     Interbank Offered Rate, as administered by ICE Benchmark               156     instrument that:
128     Administration, or any predecessor or successor thereof, or any        157           a. Provides for only one tenor of LIBOR, if the contract,
129     tenor thereof, as applicable, that is used in making any               158     security, or instrument requires interpolation and the tenor can
130     calculation or determination of benchmark rates.                       159     be interpolated from LIBOR tenors that are not so affected; or
131          (i)1. “LIBOR discontinuance event” means the earliest to          160           b. Allows a party to choose from more than one tenor of
132     occur of any of the following:                                         161     LIBOR and any of the tenors is not so affected or, if the
133          a. A public statement or publication of information by, or        162     contract, security, or instrument requires interpolation, can be
134     on behalf of, the administrator of LIBOR announcing that the           163     interpolated from LIBOR tenors that are not so affected.
135     administrator has ceased or will cease to provide LIBOR                164           (j)1. “LIBOR replacement date” means:
136     permanently or indefinitely, if, at the time of the statement or       165           a. In the case of a LIBOR discontinuance event described in
137     publication, there is no successor administrator that will             166     sub-subparagraph (i)1.a. or sub-subparagraph (i)1.b., the later
138     continue to provide LIBOR.                                             167     of:
139          b. A public statement or publication of information by the        168           (I) The date of the public statement or publication of
140     regulatory supervisor for the administrator of LIBOR, the              169     information referenced in sub-subparagraph (i)1.a. or sub-
141     Federal Reserve System, an insolvency official with jurisdiction       170     subparagraph (i)1.b.; or
142     over the administrator of LIBOR, a resolution authority with           171           (II) The date on which the administrator of LIBOR
143     jurisdiction over the administrator of LIBOR, or a court or an         172     permanently or indefinitely ceases to provide LIBOR.
144     entity with similar insolvency or resolution authority over the        173           b. In the case of a LIBOR discontinuance event described in
145     administrator of LIBOR, announcing that the administrator of           174     sub-subparagraph (i)1.c., the date of the public statement or

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175     publication of information referenced in sub-subparagraph              204     Reference Rates Committee, or a successor to any of them.
176     (i)1.c.                                                                205          (n) “SOFR” means, with respect to any day, the secured
177          2. A date that affects one or more tenors of LIBOR does not       206     overnight financing rate published for the day by the Federal
178     constitute a LIBOR replacement date with respect to a contract,        207     Reserve Bank of New York as the administrator of the benchmark,
179     security, or instrument that:                                          208     or a successor administrator, on the Federal Reserve Bank of New
180          a. Provides for only one tenor of LIBOR, if the contract,         209     York’s website.
181     security, or instrument requires interpolation and the tenor can       210          (3) On the LIBOR replacement date, the recommended
182     be interpolated from LIBOR tenors that are not so affected; or         211     benchmark replacement, by operation of law, shall be the
183          b. Allows a party to choose from more than one tenor of           212     benchmark replacement for a contract, security, or instrument
184     LIBOR and any of the tenors is not so affected or, if the              213     that uses LIBOR as a benchmark and that:
185     contract, security, or instrument requires interpolation, can be       214          (a) Does not contain a fallback provision; or
186     interpolated from LIBOR tenors that are not so affected.               215          (b) Contains fallback provisions resulting in a benchmark
187          (k) “Recommended benchmark replacement” means, with respect       216     replacement, other than a recommended benchmark replacement,
188     to any particular type of contract, security, or instrument, a         217     that is based in any way on a LIBOR value.
189     benchmark replacement based on SOFR that must include any              218          (4) After the occurrence of a LIBOR discontinuance event,
190     recommended spread adjustment and any benchmark replacement            219     any fallback provisions in a contract, security, or instrument
191     conforming change that have been selected or recommended by a          220     which provide for a benchmark replacement based on or otherwise
192     relevant recommending body with respect to the type of contract,       221     involving a poll, survey, or inquiry for quotes or information
193     security, or instrument.                                               222     concerning interbank lending rates or any interest rate or
194          (l) “Recommended spread adjustment” means a spread                223     dividend rate based on LIBOR shall be void and of no force or
195     adjustment, or method for calculating or determining the spread        224     effect.
196     adjustment, which has been selected or recommended by a relevant       225          (5)(a) A determining person may, but is not required to,
197     recommending body for a recommended benchmark replacement for a        226     select the recommended benchmark replacement as the benchmark
198     particular type of contract, security, or instrument and for a         227     replacement after the occurrence of a LIBOR discontinuance
199     particular term to account for the effects of the transition or        228     event. The selection of the recommended benchmark replacement
200     change from LIBOR to a recommended benchmark replacement. This         229     must be:
201     term may be a positive or negative value or zero.                      230          1. Irrevocable;
202          (m) “Relevant recommending body” means the Federal Reserve        231          2. Made by the earlier of the LIBOR replacement date or the
203     Board, the Federal Reserve Bank of New York, the Alternative           232     latest date for selecting a benchmark replacement according to

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        Florida Senate - 2022                                        SB 1246           Florida Senate - 2022                                        SB 1246




        23-01121-22                                               20221246__           23-01121-22                                               20221246__
233     the contract, security, or instrument; and                             262     a contract, security, or instrument.
234          3. Used in any determination of the benchmark under or with       263          (8) A LIBOR discontinuance event, a LIBOR replacement date,
235     respect to the contract, security, or instrument occurring on          264     the selection or use of a recommended benchmark replacement as a
236     and after the LIBOR replacement date.                                  265     benchmark replacement, or the determination, implementation, or
237          (b) Paragraph (a) applies to a contract, security, or             266     performance of a benchmark replacement conforming change, in
238     instrument that uses LIBOR as a benchmark and that contains            267     each case, by operation of this section, may not:
239     fallback provisions allowing or requiring the selection of a           268          (a) Be deemed to impair or affect the right of any person
240     benchmark replacement that is:                                         269     to receive a payment, or affect the amount or timing of the
241          1. Based in any way on a LIBOR value; or                          270     payment, under a contract, security, or instrument;
242          2. The substantive equivalent of paragraph (7)(a),                271          (b) Have the effect of discharging or excusing performance
243     paragraph (7)(b), or paragraph (7)(c).                                 272     under a contract, security, or instrument for any reason, claim,
244          (6) If a recommended benchmark replacement becomes the            273     or defense, including, but not limited to, any force majeure or
245     benchmark replacement for a contract, security, or instrument          274     other provision in a contract, security, or instrument;
246     under this section, then all benchmark replacement conforming          275          (c) Have the effect of giving any person the right to
247     changes that are applicable to the recommended benchmark               276     unilaterally terminate or suspend performance under a contract,
248     replacement must become an integral part of the contract,              277     security, or instrument;
249     security, or instrument by operation of law.                           278          (d) Have the effect of constituting a breach of a contract,
250          (7) The selection or use of a recommended benchmark               279     security, or instrument; or
251     replacement as a benchmark replacement under or in respect of a        280          (e) Have the effect of voiding or nullifying a contract,
252     contract, security, or instrument by operation of this section         281     security, or instrument.
253     must constitute all of the following:                                  282          (9) A person is not liable for damages to any other person,
254          (a) A commercially reasonable replacement for and a               283     and is not subject to any claim or request for equitable relief,
255     commercially substantial equivalent to LIBOR.                          284     arising out of or related to the selection or use of a
256          (b) A reasonable, comparable, or analogous term for LIBOR         285     recommended benchmark replacement or the determination,
257     under or in respect of the contract, security, or instrument.          286     implementation, or performance of a benchmark replacement
258          (c) A replacement that is based on a methodology or               287     conforming change, in each case, by operation of this section.
259     information that is similar or comparable to LIBOR.                    288     The selection or use of the recommended benchmark replacement or
260          (d) Substantial performance by any person of any right or         289     the determination, implementation, or performance of a benchmark
261     obligation relating to or based on LIBOR under or in respect of        290     replacement conforming change may not give rise to any claim or

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        Florida Senate - 2022                                        SB 1246           Florida Senate - 2022                                        SB 1246




        23-01121-22                                               20221246__           23-01121-22                                               20221246__
291     cause of action by any person in law or in equity.                     320     required to amend the terms and provisions of a contract,
292          (10) The selection or use of a recommended benchmark              321     security, or instrument that would otherwise be altered or
293     replacement or the determination, implementation, or performance       322     affected by this section.
294     of a benchmark replacement conforming change, by operation of          323          (b) A contract, security, or instrument that contains
295     this section, may not be deemed to:                                    324     fallback provisions that would result in a benchmark replacement
296          (a) Be an amendment or modification of a contract,                325     that is not based on LIBOR, including, but not limited to, the
297     security, or instrument.                                               326     prime rate or the federal funds rate. However, the contract,
298          (b) Prejudice, impair, or affect a person’s rights,               327     security, or instrument is subject to subsection (4).
299     interests, or obligations under or in respect of a contract,           328          (c) A contract, security, or instrument subject to
300     security, or instrument.                                               329     subsection (5) as to which a determining person does not elect
301          (11) Except as provided in subsection (3) or subsection           330     to use a recommended benchmark replacement or as to which a
302     (5), this section may not be interpreted as creating a negative        331     determining person elects to use a recommended benchmark
303     inference or negative presumption regarding the validity or            332     replacement before the occurrence of a LIBOR discontinuance
304     enforceability of any of the following:                                333     event. However, the contract, security, or instrument is subject
305          (a) A benchmark replacement that is not a recommended             334     to subsection (4).
306     replacement benchmark.                                                 335          (d) The application to a recommended benchmark replacement
307          (b) A spread adjustment, or method for calculating or             336     of any cap, floor, modifier, or spread adjustment to which LIBOR
308     determining a spread adjustment, which is not a recommended            337     had been subject pursuant to the terms of a contract, security,
309     spread adjustment.                                                     338     or instrument.
310          (c) A change, alteration, or modification to or in respect        339          (13) Notwithstanding the Uniform Commercial Code or any
311     of a contract, security, or instrument which is not a benchmark        340     other law of this state, and except as otherwise provided in
312     replacement conforming change.                                         341     this section, this section applies to all contracts, securities,
313          (12) This section does not alter or impair any of the             342     and instruments, including contracts with respect to commercial
314     following:                                                             343     transactions, and may not be superseded by any other law of this
315          (a) A written agreement by all requisite parties which,           344     state.
316     retrospectively or prospectively, provides that a contract,            345          Section 2. This act is remedial in nature and applies
317     security, or instrument is not subject to this section without         346     retroactively to all contracts, agreements, mortgages, deeds of
318     necessarily referring specifically to this section. As used in         347     trust, leases, instruments, obligations, or securities, whether
319     this paragraph, the term “requisite parties” means all parties         348     representing debt or equity, and including all interests in a

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        Florida Senate - 2022                                        SB 1246




        23-01121-22                                            20221246__
349     corporation, partnership, or limited liability company, in
350     existence on December 31, 2021.
351          Section 3. This act shall take effect upon becoming a law.




                                  Page 13 of 13
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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 1316
INTRODUCER:        Senator Hooper
SUBJECT:           Resale of Tickets
DATE:              February 4, 2022                REVISED:


           ANALYST                       STAFF DIRECTOR                 REFERENCE                                 ACTION
1. McMillan                            McKay                                 CM              Favorable
2.                                                                           JU
3.                                                                           RC



    I.    Summary:

          SB 1316 requires any person or entity who offers specified nontransferable tickets for sale to
          also offer the ticket in a transferrable format. The bill does not address whether a ticket seller can
          charge an additional fee, or higher price for a transferrable ticket versus a nontransferable ticket.

          The bill takes effect on July 1, 2022.

    II.   Present Situation:

          Pricing of Resold Admission Tickets

          The resale pricing of certain tickets is governed by Florida law. Section 817.36, F.S., provides
          that a person or entity that offers for resale or resells any ticket (with the exception of travel
          agencies under certain conditions1) may charge only $1.00 above the admission price charged by
          the original ticket seller, for the following:
           Passage or accommodations on any common carrier in this state;
           Multiday or multievent tickets to a park or entertainment complex, or to a concert,
              entertainment event, permanent exhibition, or recreational activity within such a park or
              complex, including an entertainment/resort complex;2 and



1
  To qualify for this exception, travel agencies must have an established place of business in Florida and pay state, county,
and city occupational license taxes. See s. 817.36(1)(a), F.S.
2
  An “Entertainment/resort complex” means a theme park comprised of at least 25 acres of land with permanent exhibitions
and a variety of recreational activities, which has at least 1 million visitors annually who pay admission fees thereto, together
with any lodging, dining, and recreational facilities located adjacent to, contiguous to, or in close proximity to the theme
park, as long as the owner(s)/operators(s) of the theme park, or a parent or related company or subsidiary thereof, has an
equity interest in the lodging, dining, or recreational facilities or is in privity therewith. Close proximity shall include an area
within a 5-mile radius of the theme park complex. See s. 561.01(18), F.S.
BILL: SB 1316                                                                                                         Page 2

            Event tickets originally issued by a tax-exempt charitable organization, when no more than
             3,000 tickets are issued per performance. The following must be conspicuously printed on
             the face or back of each such ticket: “Pursuant to s. 817.36, Florida Statutes, this ticket may
             not be resold for more than $1 over the original admission price.” This provision does not
             apply to tickets issued or sold by a third party ticketing service on behalf of a charitable
             organization, unless the statement is on the ticket.

         The limitation of an additional $1.00 above the original price of a ticket also applies to any
         tickets that are resold or offered through an Internet website (except those described above),
         unless the website:
          Is authorized by the original ticket seller; or
          Makes and posts the following guarantees and disclosures through Internet web pages, or
             links to web pages, in text to which a prospective purchaser is directed before completion of
             the resale transaction:
             o The website operator guarantees a full refund of the ticket price including any servicing,
                  handling, or processing fees, if such fees are not disclosed, when:
             o The ticketed event is canceled;
             o The purchaser is denied admission to the ticketed event, unless such denial is due to the
                  action or omission of the purchaser;
             o The ticket is not delivered to the purchaser as requested and pursuant to delivery
                  guarantees made by the reseller and such failure results in the purchaser’s being unable to
                  attend the event; and
             o The website operator discloses that it is not the issuer, original seller, or reseller of the
                  ticket and does not control the pricing of the ticket, which may be resold for more than its
                  original value.

         Individual or entities are not authorized to sell or purchase tickets at any price on property where
         an event is being held (i.e., outside a stadium) without the prior express written consent of the
         owner of the property.3

         Sales tax is due on resold tickets.4

         A person who knowingly resells a ticket or tickets in violation of the requirements in s. 817.36,
         F.S., is liable to the state for a civil penalty equal to three times the amount of the price for which
         the ticket or tickets were resold.5

         Persons who intentionally use or sell software to circumvent a security measure, an access
         control system, or any other control or measure on a ticket seller’s Internet website which is used
         to ensure an equitable ticket-buying process, is liable to the state for a civil penalty equal to three
         times the amount for which any ticket was sold.6

3
  See s. 817.36(2), F.S.
4
  See s. 817.36(3), F.S.
5
  See s. 817.36(4), F.S.
6
  Id. Section 817.36(5), F.S. See also s. 817.36(6), F.S., which defines the term “software” as “computer programs that are
primarily designed or produced for the purpose of interfering with the operation of any person or entity that sells, over the
Internet, tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or
amusement of any kind.” Similar federal legislation was enacted in 2016 to prohibit circumvention of ticket website security
BILL: SB 1316                                                                                                                Page 3

         Purchasers and resellers of tickets may also be subject to civil penalties under the Florida
         Deceptive and Unfair Trade Practices Act (FDUTPA).7 In the absence of a contract with the
         original ticket seller to distribute or sell tickets, a person who knowingly purchases from the
         original ticket seller, with the intent of resale, a quantity of event tickets which exceeds the
         posted8 maximum ticket limit per purchaser, violates FDUTPA.9

         Effect of Proposed Changes:

         The bill requires any person or entity who offers nontransferable tickets for sale to also offer the
         ticket in a transferrable format.10 The bill does not address whether a ticket seller can charge an
         additional fee, or higher price for a transferrable ticket versus a nontransferable ticket.

         The bill defines “nontransferable ticket” as a ticket that may not be given away or resold in a
         method of the ticketholder’s choosing, or requires the ticketholder and the purchaser to facilitate
         the exchange exclusively through an application program by the original ticket seller.

         The bill provides that the original ticket seller may not penalize, discriminate against, or deny
         access to an event to a person who purchases or resells a ticket in a manner authorized.

         The bill takes effect on July 1, 2022.

III.     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.


or control measures and the subsequent sale of the fraudulently obtained tickets by someone who knew or should have known
about the violation. See The Better Online Ticket Sales Act, at 15 U.S.C. s. 45c.
7
  See part II of ch. 501, F.S., relating to consumer protection (ss. 501.201-501.213, F.S.).
8
  Posting of a quantity limit occurs at the point of original sale or is printed on the tickets by or on behalf of the original ticket
seller. See s. 817.357, F.S.
9
  See s. 817.357, F.S.
10
   The bill provides an exception for passage or accommodations on any common carrier in Florida, multiday or multievent
tickets to a park or entertainment complex or to a concert, entertainment event, permanent exhibition, or recreational activity,
and event tickets originally issued by a charitable organization exempt from taxation under s. 501(c)(3) or the Internal
Revenue Code for which no more than 3,000 tickets are issued per performance.
 BILL: SB 1316                                                                                                                        Page 4

        E.       Other Constitutional Issues:

                 None Identified.

 IV.    Fiscal Impact Statement:

        A.       Tax/Fee Issues:

                 None.

        B.       Private Sector Impact:

                 None.

        C.       Government Sector Impact:

                 None.

  V.    Technical Deficiencies:

        None.

 VI.    Related Issues:

        None.

VII.    Statutes Affected:

        This bill substantially amends section 817.36 of the Florida Statutes.

VIII.   Additional Information:

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

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2022                                        SB 1316          Florida Senate - 2022                                      SB 1316



       By Senator Hooper




       16-01191-22                                               20221316__          16-01191-22                                             20221316__
 1                              A bill to be entitled                         30     program operated by the original ticket seller.
 2          An act relating to resale of tickets; amending s.                 31          (8) The original ticket seller may not penalize,
 3          817.36, F.S.; providing that certain tickets may be               32     discriminate against, or deny access to an event to a person who
 4          sold as nontransferable tickets only under certain                33     purchases or resells a ticket in a manner authorized by this
 5          circumstances; providing exceptions; defining the term            34     section.
 6          “nontransferable ticket”; prohibiting the original                35          Section 2. This act shall take effect July 1, 2022.
 7          ticket seller from taking certain actions against a
 8          person who purchases or resells a ticket; providing an
 9          effective date.
10
11     Be It Enacted by the Legislature of the State of Florida:
12
13          Section 1.     Present subsections (1) through (5) of section
14     817.36, Florida Statutes, are redesignated as subsections (2)
15     through (6), respectively, present subsection (6) of that
16     section is redesignated as new subsection (1), and subsections
17     (7) and (8) are added to that section, to read:
18          817.36 Resale of tickets.—
19          (7) Other than a ticket identified in paragraph (2)(a),
20     paragraph (2)(b), or paragraph (2)(c), any ticket may be sold as
21     a nontransferable ticket only if, at the time of sale, the
22     original ticket seller offers the option, prominently displayed,
23     to purchase the same ticket with no limit on transferability. As
24     used in this subsection, the term “nontransferable ticket” means
25     a ticket that:
26          (a) May not be given away or resold in a method of the
27     ticketholder’s choosing; or
28          (b) Requires the ticketholder and the purchaser to
29     facilitate the exchange exclusively through an application

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

Started: 2/7/2022 2:32:51 PM
Ends:    2/7/2022 4:07:28 PM Length: 01:34:38

2:33:13 PM    A quorum is present
2:33:33 PM    Tabs 6-8 are for appointees
2:34:01 PM    we let them know that they were not required to be present
2:34:13 PM    we'll take up 1 vote for all 3 appointees as part of the Board of Directors of Enterprise Fla, Inc.
2:34:25 PM    any debate on Rodney Cruise, Sonya Deen Hartley, or Scott Ross?
2:34:26 PM    Is there anyone in the audience wishing to speak on any of the appointees?
2:34:33 PM    Is there any debate?
2:34:41 PM    Vice Chair is recognized to speak
2:34:41 PM    Sen. Wright mentions that Rodney Cruise is part of his constituency
2:34:56 PM    Seeing none, Sen. Wright moves on all 3 appointees
2:35:13 PM    Please call the roll
2:35:27 PM    Confirmation of all 3 is recommended favorably
2:35:42 PM    Tab 1 is SB 940 by Sen. Baxley
2:36:40 PM    questions of sponsor?
2:36:45 PM    seeing none, Chris Childers of BNI Engineers speaks in favor of the bill
2:37:39 PM    is there debate?
2:37:44 PM    Sen. Pizzo has a question for Mr. Childers
2:38:24 PM    additional debate?
2:38:30 PM    Sen. Baxley is recognized to close
2:38:54 PM    SB 940 is favorable
2:39:28 PM    Sen. Baxley introduces CS/SB 942
2:39:37 PM    Sen. Baxley closes after no questions, appearance cards, or debate
2:39:46 PM    CS/SB 942 is reported favorably
2:40:00 PM    tab 3, SB 1018, is being presented by Sen. Hutson for Sen. Burgess
2:40:59 PM    there is a strike all - barcode 902328
2:41:11 PM    Sen. Hutson explains amendment
2:41:25 PM    Sen. Pizzo has a question on strike all
2:41:54 PM    Sen. Hutson answers
2:42:14 PM    follow up from Pizzo
2:42:39 PM    Sen. Hutson responds
2:43:03 PM    he has a follow up to his answer
2:43:13 PM    follow up question from Pizzo
2:43:21 PM    follow up from Pizzo
2:43:58 PM    Jessie Hamsen, analyst on this bill, helps explain
2:45:40 PM    any other questions on the strike all amendment?
2:45:51 PM    there are none
2:45:59 PM    amendment is adopted - back on bill as amended
2:46:11 PM    are there questions on the bill as amended?
2:46:12 PM    appearance cards
2:46:27 PM    John Gaspar speaks in favor of bill
2:49:02 PM    Sen. Pizzo has a question for Mr. Gaspar
2:50:14 PM    Mr. Gaspar attempts to clear up what Sen. Pizzo asked
2:51:02 PM    Sen. Pizzo has a follow up
2:52:02 PM    Mr. Childers responds
2:52:28 PM    next up is Mr. Ari Morse speaking in favor of bill
2:54:34 PM    Sen. Pizzo has a question
2:55:11 PM    Mr. Morse responds
2:55:43 PM    follow up from Pizzo
2:56:14 PM    Sen. Hutson answers
2:56:14 PM
2:56:25 PM    Sen. Pizzo has another question
2:56:58 PM    Mr. Morse responds
2:57:20 PM   Sen. Pizzo has final question
2:57:51 PM   Sen. Powell has a question
2:58:24 PM   Mr. Morse responds
2:58:42 PM   next is Mr. Barney Bishop III representing the Fla. Assn. of Private Investigators
3:03:17 PM   Sen. Pizzo has a question
3:03:32 PM   Mr. Bishop answers
3:03:42 PM   follow up from Pizzo
3:04:01 PM   Mr. Bishop answers
3:04:33 PM   Sen. Pizzo asks if there's someone from DACS to speak
3:04:50 PM   Mr. John Raymaker comes forward to speak
3:05:12 PM   Sen. Pizzo addresses Mr. Raymaker
3:05:29 PM   Mr. Raymaker explains
3:05:52 PM   follow up from Pizzo
3:06:16 PM   Mr. Raymaker speaks
3:06:40 PM   another question from Sen. Pizzo
3:07:21 PM   Mr. Raymaker answers question
3:07:56 PM   Sen. Pizzo has another question
3:08:33 PM   Mr. Raymaker responds
3:09:00 PM   final question from Pizzo
3:09:11 PM   Mr. Raymaker explains the class G license
3:09:33 PM   Sen. Torres in debate
3:11:07 PM   add'l debate from Sen. Pizzo
3:11:46 PM   Chair Hooper mentions next stop is Judiciary
3:12:00 PM   Sen. Taddeo in debate
3:12:22 PM   Sen. Hutson closes for Sen. Burgess
3:13:03 PM   CS/SB 1018 is reported favorably
3:13:40 PM   Sen. Gruters is here to introduce SB 1246
3:14:25 PM   strike all barcode 235134 is explained by Gruters
3:14:51 PM   Sen. Powell has a question the amendment
3:15:02 PM   Sen. Gruters explains
3:15:39 PM   follow up from Sen. Powell
3:15:52 PM   Sen. Gruters responds
3:16:19 PM   1 appearance card from Anthony DiMarco, waiving in support
3:16:35 PM   no debate
3:16:37 PM   Gruters waives close on the amendment
3:16:46 PM   amendment is adopted - back on bill as amended
3:16:57 PM   Sen. Gruters closes
3:17:05 PM   CS/SB 1246 is reported favorably
3:17:34 PM   Vice chair Wright takes over gavel
3:17:43 PM   Sen. Hooper introduces SB 1316
3:19:55 PM   any questions?
3:20:04 PM   Sen. Pizzo has a question
3:20:04 PM
3:20:19 PM   Sen. Hooper explains answer
3:21:03 PM   follow up from Sen. Pizzo
3:22:04 PM   Sen. Hooper answers
3:23:45 PM   Sen. Hutson has some questions
3:24:41 PM   Sen. Hooper answers
3:24:48 PM   Sen. Hutson asks another question
3:24:55 PM   Sen. Hooper answers
3:25:32 PM   Sen. Hutson asks follow up question
3:25:45 PM   Sen. Hooper answers
3:26:45 PM   1 more question from Sen. Hutson
3:27:07 PM   Sen. Hooper answers
3:27:07 PM   1 more question from Sen. Hutson
3:27:22 PM   final question from Sen. Hutson
3:27:30 PM   Sen. Hooper answers
3:27:49 PM   Sen. Powell has a question
3:28:53 PM   Sen. Hooper answers
3:31:15 PM   follow up from Powell
3:31:52 PM   Sen. Hooper responds
3:32:09 PM   Sen. Taddeo has a question
3:32:43 PM   Sen. Hooper responds
3:32:56 PM   1 more question from Sen. Taddeo
3:33:15 PM   Sen. Hooper answers
3:34:06 PM   There's no other questions; there is testimony
3:34:12 PM   Ms. Laura Dooley w/ Stub Hub would like to speak in favor
3:38:37 PM   question from Sen. Pizzo
3:38:55 PM   Ms. Dooley anwers
3:39:42 PM   follow up from Sen. Pizzo
3:39:52 PM   Ms. Dooley answers
3:40:05 PM   Sen. Pizzo
3:40:34 PM   Ms. Dooley
3:40:52 PM   Sen. Pizzo
3:40:59 PM   Ms. Dooley
3:41:31 PM   Sen. Pizzo
3:42:04 PM   Ms. Dooley
3:42:09 PM   Sen. Pizzo has a follow up
3:42:43 PM   Ms. Dooley
3:42:53 PM   Sen. Pizzo
3:42:57 PM   Ms. Dooley
3:43:10 PM   Sen. Hutson has a question
3:43:53 PM   Ms. Dooley responds
3:44:51 PM   we need to limit to 5 minutes per speaker since there are many cards
3:45:04 PM   Mr. Bruce Morris, who represents Ticket Network, speaks in favor
3:48:28 PM   Sen. Pizzo has a question of Mr. Morris, who used to be a member of the Conn. legislature
3:48:43 PM   Mr. Morris responds
3:49:15 PM   Sen. Pizzo asks about the Connecticut bill
3:49:42 PM   Mr. Morris responds
3:49:49 PM   Mr. Carl Szabo, VP of Net Choice, speaks in favor
3:52:10 PM   Sen. Pizzo interrupts to ask that Mr. Szabo explain what Net Choice does
3:52:45 PM   Mr. Szabo explains they want to knock down barriers to commerce
3:53:19 PM   Sen. Pizzo asks a question
3:53:36 PM   Mr. Szabo responds
3:54:00 PM   Sen. Pizzo asks another question
3:54:13 PM   Mr. Szabo
3:54:19 PM   Sen. Pizzo
3:54:22 PM   Mr. Szabo
3:54:29 PM   Sen. Wright mentions we're almost out of time
3:55:18 PM   Mr. Szabo closes out his testimony
3:55:42 PM   Mr. Earl Ash represents...speaks in favor
3:57:20 PM   no questions
3:57:36 PM   Michael O'Neil waives in support
3:57:51 PM   Mr. Sal Nuzzo waives in support
3:58:06 PM   Chris Van De Hoff waives in support
3:58:22 PM   any debate?
3:58:27 PM   Sen. Pizzo speaks in debate
4:00:11 PM
4:00:13 PM   Sen. Diaz in debate
4:00:36 PM   Sen. Powell in debate
4:01:23 PM   Sen. Hutson in debate
4:02:29 PM   Sen. Taddeo in debate
4:03:21 PM   Sen. Torres is recognized to debate
4:03:47 PM   Sen. Hooper closes on bill
4:05:50 PM   roll call on SB 1316
4:05:56 PM   SB 1316 is reported favorably
4:06:15 PM   chair is yielded back to Chair Hooper
4:06:25 PM   Sen. Gruters wants to be recorded as a yes vote on tabs 1, 2, & 6-8
4:06:35 PM   Sen. Pizzo recognizes a couple of attorneys from his district in the audience
4:07:08 PM   Sen. Hooper welcomes them to the Committee
4:07:14 PM   Vice Chair Wright moves we adjourn


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