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Post Meeting Packet — Commerce and Tourism Committee, Florida Senate (March 6, 2023)

Summary

Post-meeting packet for the Florida Senate Committee on Commerce and Tourism meeting of Monday, March 6, 2023, 3:30—5:30 p.m., with Senator Trumbull as Chair and Senator Wright as Vice Chair. The expanded agenda lists bills on Sales of Firearms and Ammunition (Burgess), Sales Tax Exemption for Renewable Natural Gas Machinery and Equipment (Yarborough), State Minimum Wage (Martin), and the Florida Kratom Consumer Protection Act (Gruters). A bill analysis dated March 7, 2023 states that CS/SB 214 prohibits payment settlement entities and merchant acquiring entities from classifying merchants with a merchant category code that identifies them as sellers of firearms or ammunition.

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

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“Post Meeting Packet — Commerce and Tourism Committee, Florida Senate (March 6, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-06-post-meeting-packet-7874-da83018dbf/, SHA-256 b7de8b5c0f1a826e9770aa3bfd8d3e3f563bb2525c55fef7c0e8891eb81e5eed.

Full text

Commerce and Tourism - 03/06/2023 3:30 PM                                                     2023 Regular Session
Customized                                                                                    03/07/2023 12:09 PM
Agenda Order

 Tab 1   SB 214 by Burgess; (Identical to H 00221) Sales of Firearms and Ammunition
307250   A       S L RS                CM, Burgess                   btw L.109 - 110:           03/07 09:10 AM
103650   SA      S     RCS             CM, Burgess                   Delete L.110 - 141:        03/07 09:10 AM
975730   A       S L WD                CM, Jones                     btw L.143 - 144:           03/07 09:10 AM

         SB 844 by Yarborough; (Identical to H 00867) Sales Tax Exemption for Renewable Natural Gas Machinery
Tab 2
         and Equipment

Tab 3    SB 892 by Martin; (Identical to H 00917) State Minimum Wage


 Tab 4   SB 136 by Gruters; (Compare to CS/H 00179) Florida Kratom Consumer Protection Act
196652   D       S     RCS           CM, Gruters                  Delete everything after       03/07 09:14 AM




                                                   Page 1 of 1
2023 Regular Session                                The Florida Senate
                             COMMITTEE MEETING EXPANDED AGENDA
                                               COMMERCE AND TOURISM
                                                Senator Trumbull, Chair
                                               Senator Wright, Vice Chair

            MEETING DATE:    Monday, March 6, 2023
                    TIME:    3:30—5:30 p.m.
                  PLACE:     James E. "Jim" King, Jr Committee Room, 401 Senate Building

                  MEMBERS:   Senator Trumbull, Chair; Senator Wright, Vice Chair; Senators DiCeglie, Gruters, Hooper, Hutson,
                             Jones, Rodriguez, Stewart, and Torres

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

   1    SB 214                            Sales of Firearms and Ammunition; Prohibiting               Fav/CS
        Burgess                           payment settlement entities, merchant acquiring                 Yeas 7 Nays 2
        (Identical H 221)                 entities, or third party settlement organizations from
                                          assigning merchant category codes or otherwise
                                          classifying merchants of firearms or ammunition
                                          separately from general merchandise or sporting
                                          goods retailers; authorizing the Department of
                                          Agriculture and Consumer Services to investigate
                                          certain alleged violations and bring administrative
                                          actions, etc.

                                          BI       02/21/2023 Favorable
                                          CM       03/06/2023 Fav/CS
                                          RC


   2    SB 844                            Sales Tax Exemption for Renewable Natural Gas               Favorable
        Yarborough                        Machinery and Equipment; Providing a sales tax                  Yeas 10 Nays 0
        (Identical H 867)                 exemption for the purchase of certain machinery and
                                          equipment relating to renewable natural gas; requiring
                                          purchasers of such machinery and equipment to
                                          furnish the vendor with a certain affidavit; providing an
                                          exception; providing penalties, including a criminal
                                          penalty, etc.

                                          CM       03/06/2023 Favorable
                                          FT
                                          AP


   3    SB 892                            State Minimum Wage; Specifying that individuals             Favorable
        Martin                            entitled to receive the federal minimum wage under              Yeas 8 Nays 2
        (Identical H 917)                 the Federal Fair Labor Standards Act, as amended,
                                          are eligible to receive the state minimum wage, etc.

                                          CM       03/06/2023 Favorable
                                          GO
                                          RC




                                                                                                                     S-036 (10/2008)
03062023.1709                                                                                                            Page 1 of 2
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 6, 2023, 3:30—5:30 p.m.

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

  4     SB 136                            Florida Kratom Consumer Protection Act; Creating       Fav/CS
        Gruters                           the "Florida Kratom Consumer Protection Act";              Yeas 10 Nays 0
        (Compare CS/H 179)                prohibiting processors from selling, preparing,
                                          distributing, or exposing for sale certain kratom
                                          products; prohibiting processors from distributing,
                                          selling, or exposing for sale a kratom product to an
                                          individual under 21 years of age; providing civil
                                          penalties, etc.

                                          CM       03/06/2023 Fav/CS
                                          AEG
                                          FP


        Other Related Meeting Documents




                                                                                                               S-036 (10/2008)
03062023.1709                                                                                                      Page 2 of 2
                                                       The Florida Senate
                   BILL ANALYSIS AND FISCAL IMPACT STATEMENT
               (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:            CS/SB 214
INTRODUCER:      Commerce and Tourism Committee and Senator Burgess
SUBJECT:         Sales of Firearms and Ammunition
DATE:            March 7, 2023                   REVISED:


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



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




  I.    Summary:

        CS/SB 214 revises Florida gun registry laws to prohibit certain entities from using an identifying
        code for purchases from firearm or ammunition retailers. The information gathered from the use
        of such codes could be construed as a firearm registry maintained by private entities, which
        current law prohibits. The bill:

            Makes Legislative findings with respect to maintaining records or tracking by
             nongovernmental entities of the purchase of firearms and ammunition, specifying that such
             records and tracking may frustrate the right to keep and bear arms and violates the reasonable
             privacy rights of lawful purchasers of firearms or ammunition;
            Prohibits payment settlement entities, merchant acquiring entities, third party settlement
             organizations, or entities involved in facilitating or processing a payment card transaction
             from classifying or assigning merchants with a merchant category code (“MCC”) that
             identifies them as sellers of firearms or ammunition;
            Amends the penalties under current law in s. 790.335, F.S., to only apply to the law
             prohibiting any person, public or private, from keeping a registry of privately owned
             firearms; and
            Authorizes the Department of Agriculture and Consumer Services (DACS) to conduct
             investigations of alleged violations of the new provisions on MCCs, and to bring an
             administrative action seeking to impose penalties for such violations.

        The bill takes effect on July 1, 2023.
BILL: CS/SB 214                                                                                                        Page 2

    II.   Present Situation:

          The Right to Bear Arms & Firearms Regulation

          The Second Amendment states: “A well regulated Militia, being necessary to the security of a
          free State, the right of the people to keep and bear Arms, shall not be infringed.” In District of
          Columbia v. Heller, the Supreme Court held that the Second Amendment conferred an individual
          right to keep and bear arms. However, the right is not unlimited.1

          Federal Regulation of Firearms
          In applying Heller, a United States Court of Appeals held that a requirement to register a
          handgun2 is constitutional.3 However, the Firearm Owners’ Protection Act of 1986 (FOPA)
          expressly prohibits any rule or regulation from requiring any records that must be maintained
          under the Act from being recorded or transferred to a United States or any State owned or
          controlled facility, or any firearm registration system from being established.4

          A licensed importer, manufacturer, or dealer must not transfer a firearm to any other person who
          is not licensed unless a national instant criminal background check is completed and the system
          provides the licensee with a unique identification number, or 3 days have elapsed without
          receiving notification that such person is ineligible to receive such firearm or that the receipt of
          such firearm would violate federal, state, local, or tribal law.5 If the background check reveals
          that receipt or transfer of a firearm by a person would not result in a violation of applicable laws,
          the national instant criminal background check system must destroy all records of the system
          with respect to the call (other than the identifying number and the date the number was assigned)
          and all records of the system relating to the person or the transfer.6 If receipt or transfer of a
          firearm would result in a violation of applicable laws, the Attorney General must report to local
          law enforcement authority certain information, such as the identity of the person.7

          Florida Firearms Laws
          The Florida Constitution guarantees “the right of the people to keep and bear arms in defense of
          themselves and of the lawful authority of the state…except that the manner of bearing arms may
          be regulated by law.”8 Generally, a person does not need a license to possess or use a firearm9 in


1
  District of Columbia v. Heller, 554 U.S. 570, 595-626 (2008). 18 U.S.C. s. 922 provides that certain persons are ineligible
to purchase or possess a firearm including, for instance, specified convicted criminals, fugitives from justice, illegal aliens,
and persons who are adjudicated mentally defective or involuntarily committed to treatment. However, 18 U.S.C. s.
922(g)(3), relating to a person who is an unlawful user of or addicted to any controlled substance, was recently held
unconstitutional. See United States v. Harrison, 2023 WL 1771138 (2023).
2
  18 U.S.C. s. 921(30) defines “handgun” as (A) a firearm which has a short stock and is designed to be held and fired by the
use of a single hand; and (B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.
3
  Heller v. District of Columbia, 670 F.3d 1244, 1254-55 (D.C.Cir.2011).
4
  18 U.S.C. s. 926(a).
5
  18 U.S.C. s. 922(t).
6
  18 U.S.C. s. 922(t)(2).
7
  18 U.S.C. s. 925B(a).
8
  Art. I, s. 8(a), Fla. Const.
9
  Section 790.01(6), F.S., defines “firearm” as any weapon (including a starter gun) which will, is designed to, or may readily
be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm
BILL: CS/SB 214                                                                                                           Page 3

         Florida. However, a person is prohibited from openly carrying a firearm on or about his or her
         person10 unless the person is a law enforcement officer or engaged in one of the activities listed
         in s. 790.25(3), F.S., such as hunting, camping, or military service. A violation of this prohibition
         is punishable as a second degree misdemeanor.11 The open carry prohibition does not apply to a
         person who holds a concealed weapons license and who briefly and openly displays a firearm to
         the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or
         threatening manner.12

         Except in certain circumstances while in the act of evacuating13 during a state of emergency, a
         person who carries a concealed weapon on or about his or her person without a license commits
         a third degree felony.14 The Department of Agriculture and Consumer Services (DACS) must
         issue a concealed weapon or firearm15 license to a person who meets the specified qualifications
         under s. 790.06, F.S.16 Personal identifying information of an applicant or an individual who has
         received a concealed weapons license held by the Division of License of the DACS is
         confidential and exempt from public records disclosure requirements under s. 119.07(1), F.S.,
         and s. 24(a), Art. 1 of the State Constitution.17

         A person must be 21 years or older to purchase a firearm.18 Further, except for certain
         exclusions,19 there is a mandatory waiting period between the purchase20 and delivery of a
         firearm. The purchaser must wait 3 days,21 or for the completion of the records checks required


muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique
firearm unless the antique firearm is used in the commission of a crime.
10
   Section 790.053(1), F.S.
11
   Section 790.053(3), F.S. A second degree misdemeanor is punishable by up to 60 days in jail, a $500 fine, or both. Sections
775.082 and 775.083, F.S.
12
   Section 790.053(1), F.S. The open carry prohibition does not apply to necessary self-defense.
13
   Section 790.053(3)(a), F.S., defines “in the act of evaluating” as the immediate and urgent movement of a person away
from the evacuation zone within 48 hours after a mandatory evacuation is ordered.
14
   Section 790.01(2) and (3)(a), F.S. A third degree felony is punishable by up to five years imprisonment, a $5,000 fine, or
both. Sections 775.082 and 775.083, F.S.
15
   For purposes of Section 790.06, F.S., “concealed weapons” or “concealed firearms” are defined to include a “handgun,
electronic weapon or device…but not a machine gun…” Section 790.001(9), F.S., defines “machine gun” as any firearm, as
defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a
single function of the trigger.
16
   Section 790.06(2), F.S. provides for the criteria which must be met to be eligible for a license, including, but not limited to:
1) Be a resident and citizen of the United States, permanent resident alien of the United States, or consular security official
that meets certain criteria; 2) Is 21 years of age or older; 3) Does not suffer from a physical infirmity which prevents the safe
handling of a firearm; 4) Is not ineligible to possess a firearm due to a felony conviction; 5) Has not been found guilty or had
adjudication withheld for committing certain crimes; 6) Does not chronically and habitually use alcoholic beverages or other
substances; and 7) Demonstrates competence with a firearm by, for instance, completing a specified course.
17
   Section 790.0601(1), F.S.
18
   Section 790.065(13), F.S. A licensed importer, manufacturer, or dealer who sells or transfers or facilitates such a sale or
transfer of a firearm to a person younger than 21 years of age commits a third degree felony punishable under s. 775.082,
F.S., s. 775.083, F.S., or s. 775.084, F.S.
19
   Section 790.0655(2), F.S., provides that the exclusions include when a firearm is being purchased by a person who holds a
concealed weapons permit, a trade-in of another firearm, to purchase a rifle or shotgun in certain circumstances.
20
   Section 790.0655(1), F.S., defines “purchase” as the transfer of money or other valuable consideration to the retailer, and
“retailer” means and includes a licensed importer, manufacturer, or dealer engaged in the business of making firearm sales at
retail or for distribution, or use, or consumption, or storage to be used or consumed in this state.
21
   Excluding weekends and legal holidays.
BILL: CS/SB 214                                                                                                         Page 4

         under s. 790.065, F.S., whichever occurs later.22 Firearm sales records must be made available
         for inspection by any law enforcement agency.23

         Florida Law – Records of Firearms Owners
         Any records containing the information set out in s. 790.065(1), F.S., pertaining to a buyer or
         transferee who is not prohibited from receipt or transfer of a firearm under federal or Florida law,
         are deemed confidential and exempt from public disclosure pursuant to s. 119.07(1), F.S., and
         may not be disclosed by the Florida Department of Law Enforcement (FDLE) to any person or to
         another agency.24 The FDLE must destroy any such records after communicating the approval or
         nonapproval numbers to the licensee and, in any event, no later than 48 hours after the day of the
         response to the licensee’s request.25 However, the FDLE may maintain records of National
         Crime Information Center transactions as required under federal law, and may keep:
          A log of dates of requests for criminal history records checks;
          Unique approval and nonapproval numbers;
          License identification numbers; and
          Transaction numbers corresponding to such dates for a period of two years or less or as
             otherwise required by law.26

         The provisions in ch. 790, F.S., do not allow Florida to maintain records containing the names of
         purchasers or transferees who receive unique approval numbers or to keep records of firearm
         transactions.27 Any current or former officer or employee of the FDLE or law enforcement
         agency who intentionally or maliciously violates these provisions is guilty of a third degree
         felony.28

         The Florida Legislature has made findings that a list, record, or registry of lawfully owned
         firearms or law-abiding firearm owners is not a law enforcement tool or tool for fighting
         terrorism, but may be used as a “shopping list for thieves,” or as an instrument for profiling,
         harassing, or abusing law-abiding citizens based on their choice to exercise a constitutionally
         protected right to keep and bear arms. Florida law prohibits certain governmental entities, such
         as state agencies or local governments, or their officials, agents, or employees, or any other
         person from knowingly and willfully keeping any list, record, or registry of privately owned
         firearms or the owners of such firearms.29 Any governmental entity or its designee that violates
         this provision commits a third degree felony,30 which must be investigated and prosecuted by the

22
   Section 790.0655(1), F.S.
23
   Id. See also s. 934.02, F.S., defines “law enforcement agency” as an agency of the State of Florida or a political subdivision
thereof or of the United States if the primary responsibility of the agency is the prevention and detection of crime or the
enforcement of the penal, traffic, or highway laws of this state and if its agents and officers are empowered by law to conduct
criminal investigations and to make arrests.
24
   Section 790.065(4)(a), F.S.
25
   Id.
26
   Section 790.065(4)(b), F.S.
27
   Section 790.065(4)(c), F.S.
28
   Section 790.065(4)(d), F.S.
29
   Section 790.335(2)(a), F.S.
30
   Section 790.335(4)(a), F.S. Except as provided under the U.S. and Florida Constitutions, public funds may not be used to
defend the unlawful conduct of a person who is charged with such a violation unless the charges are dismissed or the person
is found not guilty after a trial. Public funds, however, may be used to provide services of the office of the public defender or
court-appointed conflict counsel as provided by law. Section 779.335(4)(b), F.S.
BILL: CS/SB 214                                                                                                       Page 5

         state attorney in the appropriate jurisdiction.31 Such entity or person may be assessed a fine of up
         to $5 million if the court finds that the list, record, or registry was compiled or maintained with
         the management’s knowledge or complicity.32 The Attorney General has authority to bring a
         civil cause of action to enforce such fines.33

         Use of Merchant Category Codes When Purchasing Firearms

         Key Players in Credit Card Transactions
         There are several key players that are involved in authorization and payment settlement of credit
         card transactions, as follows:
          “Participating payee” means (i) in the case of a payment card transaction,34 any person who
             accepts a payment card 35as payment; and (ii) in the case of a third party network transaction,
             any person who accepts payment from a third party settlement organization in settlement of
             such transaction.36 A participating payee may be, for instance, a merchant in a credit card
             transaction.37
          “Payment settlement entity” means: (A) in the case of a payment card transaction, the
             merchant acquiring entity; and (B) in the case of a third party network transaction, the third
             party settlement organization.38 Such entities generally include banks or other organizations
             that process credit card transactions on behalf of a merchant and make an interbank transfer
             of funds to the merchant from a customer.39
          “Merchant acquiring entity” means the bank or other organization which has the contractual
             obligation to make payment to participating payees in settlement of payment card
             transactions.40 A merchant acquiring entity is typically called acquiring bank or merchant
             bank, and is the bank or other organization that process credit card transactions on behalf of a
             merchant and ultimately transfers the funds received form the customer’s bank (called an
             “issuing bank”41) to the merchant’s account.42


31
   Section 790.335(4)(d), F.S.
32
   Section 779.335(4)(c), F.S.
33
   Id.
34
   26 U.S.C. s. 6050W(c)(2) defines “payment card transaction” as any transaction in which a payment card is accepted as
payment.
35
   26 U.S.C. s. 6050W(d)(2) defines “payment card” as any card which is issued pursuant to an agreement or arrangement
which provides for (A) one or more issuers of such cards, (B) a network of persons unrelated to each other, and to the issuer,
who agree to accept such cards of payment, and (C) standards and mechanisms for settling the transactions between merchant
acquiring entities and the persons who agree to accept such cards as payment. The acceptance as payment of any account
number or other indicia associated with a payment card shall be treated for purposes of this section in the same manner as
accepting such payment card as payment.
36
   26 U.S.C. s. 6050W(d)(1)(A).
37
   IRS, IRC Section 6050W Frequently Asked Questions, available at: Frequently Asked Questions (irs.gov) (last visited
March 7, 2023).
38
   26 U.S.C. s. 6050W(b)(1).
39
   Bonner, P., Journal of Accountancy, New, Lower Form 1099-K Threshold Prompts Cautions, Criticisms, Mar. 10, 2022,
available at: New, lower Form 1099-K threshold prompts cautions, criticisms - Journal of Accountancy (hereinafter cited as
“Journal of Accountancy Article”) (last visited March 7, 2023).
40
   26 U.S.C. s. 6050W(b)(2).
41
   An issuing bank is also often referred to as “card issuer. 15 U.S.C. 1602(o) defines “card issuer” as any person who issues
a credit card, or the agent of such person with respect to such card.
42
   IRS FAQ, supra note 37.
BILL: CS/SB 214                                                                                                        Page 6

            “Third party settlement organization” means the central organization which has the
             contractual obligation to make payment to participating payees of third party network
             transactions.43,44 The most common example of a third-party settlement organization is an
             online auction-payment facilitator, which operates merely as an intermediary between buyer
             and seller by transferring funds between accounts in settlement of an auction/purchase.45

         Merchant Category Codes
         The International Organization for Standardization (ISO), a non-governmental organization that
         develops international standards, has established a standard which contains a list of merchant
         category codes (“MCC”), titled ISO 18245:2023 Retail Financial Services – Merchant Category
         Codes (the “ISO 2023 Standard”).46 A MCC is a four-digit number assigned to a merchant by an
         acquiring bank (or processor) in compliance with card association or network rules47 when the
         business opens a merchant account to classify the business by specific market segment and to
         allow the business to begin accepting credit cards as a form of payment.48 Visa’s general rules
         for assignment of MCCs include, in summary:
          Select the MCC that most accurately describes the merchant’s primary type of business. If
             the merchant has more than one line of business, the merchant must either:
                 o Use the MCC that describes the business with the highest sales volume to process all
                    Visa sales; or
                 o Use different MCCs for each line of business.
          Use “miscellaneous” MCCs only if there is no MCC specific to the merchant’s business.
          Merchants with multiple outlets must choose the appropriate MCC for each outlet.
          If there are different businesses operating on the same premises, each business must be
             assigned its own MCC if certain criteria applies.
          When applicable, use the unique merchant-specific MCC that are designated for major travel
             and entertainment.49

         MCCs are used for a several reasons, including to: file reports with the Internal Revenue Service
         (IRS), determine rewards, identify high-risk business models and prohibited business types, track

43
   26 U.S.C. s. 6050W(c)(3) defines “third party network transaction” as any transaction described in subsection (d)(3)(A)(iii)
which is settled through a third party payment network. 26 U.S.C. s. 6050W(d)(3) defines “third party payment network” as
any agreement or arrangement (A) which involves the establishment of accounts with a central organization by a substantial
number of persons who (i) are unrelated to such organization, (ii) provide goods or services, and (iii) have agreed to settle
transactions for the provision of such goods or services pursuant to such agreement or arrangement, (B) which provides for
the standards and mechanisms for settling such transactions, and (C) which guarantees persons providing goods or services
pursuant to such agreement or arrangement that such persons will be paid for providing such goods or services. Such term
shall not include any agreement or arrangement which provides for the issuance of payment cards.
44
   26 U.S.C. s. 6050W(b)(3).
45
   IRS, IRC Section 6050W Frequently Asked Questions, available at: Frequently Asked Questions (irs.gov) (last visited
March 7, 2023). Third party settlement organizations include PayPal, Venmo, and CashApp.
46
   The ISO, About Us, available at: ISO - About us (last visited March 7, 2023); ISO, ISO 18245:2003 Retail financial
services – Merchant category codes, available at: ISO - ISO 18245:2023 - Retail financial services — Merchant category
codes (all sites last visited March 7, 2023).
47
   See Visa, Visa Merchant Data Standards Manual: Visa Supplemental Requirements, Nov. 2021, visa-merchant-data-
standards-manual.pdf (hereinafter cited as “Visa’s MCC Manual”) (last visited March 7, 2023).
48
   Dwyer, B., CardFellow, Merchant Category Code: Reporting & Rates, Apr. 6, 2020, available at: What are Merchant
Category Codes and Why Do They Matter? (cardfellow.com) (last visited March 7, 2023).
49
   See Visa’s MCC Manual.
BILL: CS/SB 214                                                                                                     Page 7

        customer spending, and establish merchant interchange rates.50 Businesses with “high-risk”
        MCCs generally pay higher fees.51 A MCC is the code of the merchant where the purchase is
        made but it does not specify the items that were purchased.52

        Each credit card network has its own master list of MCCs with many of the codes being
        standardized and based on the ISO Standard.53 Some financial organizations, third party
        settlement organizations, or processors also have their own MCC lists.54 Historically, retailers
        who sell firearms and ammunition have been assigned a merchant category code of
        miscellaneous retail stores or sporting goods stores.55 On September 7, 2022, the ISO approved
        an application by a New York-based bank to adopt a new MCC for firearm retailers.56 The ISO
        has updated the ISO 2003 Standard for MCCs in 2023, which includes a gun code of 5723 for
        “gun and ammunition shops.”57 MCCs adopted by the ISO are not required to be used,58 but Visa
        Inc. (Visa), MasterCard Inc. (MasterCard), and American Express, Inc. (together, the “Card
        Associations”) have all agreed to use the new MCC.59 However, Visa and MasterCard have not
        yet updated their lists to include a new MCC for firearm retailers.60

        Advocates for the new MCC for firearm retailers support the measure as a means for financial
        institutions to identify and report suspicious activity, such as unusually large purchases of
        weapons or ammunition.61 Critics raise concerns about the new MCC being tantamount to
        creating a national registry of gun owners.62 On September 20, 2022, twenty-four attorneys

50
   See Citi, Merchant Category Codes, available at: Merchant-Category-Codes.pdf (citibank.com) (hereinafter cited as “Citi
MCC Guide”) (last visited March 7, 2023).
51
   TD Ameritrade, Fee Changes for Merchants in High Brand Risk Categories, available at: Fee Changes for Merchants in
High Brand Risk Categories (td.com) (last visited March 7, 2023).
52
  ; Maruf, R. CNN Business. Credit Card Companies Will Adopt New Sales Code for Gun Transactions, Sept. 11, 2022,
available at: Credit card companies will adopt new sales code for gun transactions | CNN Business (hereinafter cited as “The
CNN Article”) (all sites last visited March 7, 2023).
53
   Motola, C., Merchant Maverick, Merchant Category Codes (MCC): All You Need to Know, May 26, 2021, available at:
The Complete Guide to Merchant Category Codes (MCCs) (merchantmaverick.com) (last visited March 7, 2023).
54
  . Citi MCC Guide; Irby, L., The Balance, If I Use My Credit Card Through PayPal, Can I Still Earn Bonus Points?, Apr. 6,
2021, available at: If I Use My Credit Card Through PayPal, Can I Still Earn Bonus Points? (thebalancemoney.com) (last
visited March 7, 2023).
55
   The CNN Article.
56
   Kerber, R., Reuters, Global Standards Body Approves New Merchant code for Gun Sellers, Sept. 9, 2022, available at:
Global standards body approves new merchant code for gun sellers | Reuters (last visited March 7, 2023).
57
   ISO, ISO 18245:2023(en) Retail Financial Services – Merchant Category Codes, available at: ISO 18245:2023(en), Retail
financial services — Merchant category codes (hereinafter cited as “ISO 2023 MCC Standard”) (last visited March 7, 2023);
ISO, Electronic mail from Audrey Himmer, ISO/TC68/SC9 Committee Manager, Re: New Merchant Category Code for
Firearm Retailers, February 20, 2023 (on file with the Senate Committee on Banking and Insurance) (attaching
MerchantCategoryCodes 14092022).
58
   Id.
59
   Mion, L., Fox Business, Visa, MasterCard, Amex, to Categorize Gun Store Sales Separately, Sept. 11, 2022, available at:
Visa, Mastercard, AmEx to categorize gun store sales separately | Fox Business (last visited March 7, 2023).
60
   Visa MCC Manual; MasterCard, Quick Reference Booklet – Merchant Edition, Nov. 15, 2008, available at: Quick
Reference Booklet—Merchant Edition (mastercard.us) (last visited March 7, 2023) (In Visa’s and MasterCard’s MCC lists,
noting firearms under codes 5099 and 5999, for durable goods (not elsewhere classified) and miscellaneous and specialty
retail shops, respectively).
61
   CBS New York Team, CBS New York, New York Leaders Call for Establishment of Merchant Category Code for Gun
and Ammunition Stores, Aug. 30, 2022, available at: New York leaders call for establishment of merchant category code for
gun and ammunition stores - CBS New York (cbsnews.com) (last visited March 7, 2023).
62
   The CNN Article.
BILL: CS/SB 214                                                                                                            Page 8

         general, including Florida, sent a letter to the Card Associations expressing concerns about the
         potential to misuse the new MCC by tracking data that could infringe upon consumers’ privacy.
         Additionally, they asserted that isolating merchants who sell firearms may inhibit such purchases
         or result in “arbitrary disparate treatment” of firearm retailers and consumers.63

         Federal Credit Laws

         The Truth in Lending Act (TILA), also known as the Consumer Protection Act, was established
         to ensure that consumers receive adequate disclosure of credit terms, and to “protect the
         consumer against inaccurate and unfair billing and credit card64 practices.”65 The TILA includes
         provisions on credit card accounts that restrict: (a) penalty fees or charges that a card issuer, or
         issuing bank, may impose,66 (b) modifications to the annual percentage rate,67,68 (c) a card
         issuer’s discretion to open or increase any credit limit unless the card issuer considers certain
         information,69 and (d) the content of advertisements in relation to specified information.70 Before
         opening a credit card account, a creditor,71 which may be an issuing bank in a credit card


63
   Skrmetti, J. and others, Letter from Attorneys General to Card Associations regarding MCCs, Tennessee State Government,
International Organization for Standardization (ISO)
(https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-36-letter.pdf) (last visited March 7, 2023). The
following five states have pending legislation that is similar to or addresses the issues identified in SB 214: Purchases from
Licensed Gun Dealers, KY HB221, 2023 Regular Session, ch. 367 (2023); Second Amendment Financial Privacy Act, MS
HB1110, 2023 Regular Session (2023); Notice to Consumers Regarding Firearm or Ammunition Transactions, TX HB2041,
2023-2024 88th Legislature Session (2023); Prohibiting Banks and Payment Networks from Tracking Firearm-related Data
and Outlining Penalties, WV SB555, 2023 Regular Session (2023); and Banks, Banking and Finance, WY SF0171, 2023
General Session (2023). There is one state, Oklahoma, which had a Senate bill filed that is similar to SB 214 but it has failed.
Oklahoma Second Amendment Financial Privacy Act, OK SB 814, 59 th Legislature (2023).
64
   15 U.S.C. s. 1602(l) defines “credit card” as any card, plate, coupon book or other credit device existing for the purpose of
obtaining money, property, labor, or services on credit.
65
   15 U.S.C. s. 1601(a). The TILA does not apply to certain categories of credit, such as transactions primarily for business,
commercial, or agricultural purposes, or to governmental agencies. 15 U.S.C. s. 1603(1); 12 C.F.R. s. 1026.3.
66
   15 U.S.C. s. 1665d(a).
67
   15 U.S.C. s. 1606(a) (stating that the “annual percentage rate” as applicable to any extension of consumer credit shall be
determined, in accordance with the regulations of the Bureau of Consumer Financial Protection (the “Bureau”), …(2) in the
case of any extension of credit under an open end credit plan, as the quotient (expressed as a percentage) of the total finance
charge for the period to which it relates divided by the amount upon which the finance charge for that period is based,
multiplied by the number of such periods in a year). 12 C.F.R. s. 1026.14(a) states that the “annual percentage rate” is a
measure of the cost of credit, expressed as a yearly rate. 12 C.F.R. s. 1026.4 defines “finance charge” as the cost of consumer
credit as a dollar amount and 15 U.S.C. s. 1605(a) lists examples of charges which are included in the finance charge such as
interest, service or carrying charge, loan fee, finder’s fee, fee for an investigation or credit report, or charge for any guarantee
or insurance protecting the creditor against the obligor’s default.
68
   15 U.S.C. s. 1665c.
69
   15 U.S.C. s. 1665e.
70
   15 U.S.C. ss. 1662 and 1663; 12 C.F.R. s. 1026.16.
71
   15 U.S.C. s. 1602(g) defines “creditor” to mean only a person who both (1) regularly extends, whether in connection with
loans, sales property or services, or otherwise, consumer credit which is payable by agreement in more than four installments
or for which the payment of a finance charge is or may be required, and (2) is the person to whom the debt arising from the
consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of
indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit
card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors.
For the purpose of the requirements imposed under part D of ss. 1637(a)(5) – (7), 1637(b)(1)-(3), 1637(b)(8), and
1637(b)(10) of Title 15, the term “creditor” shall also include card issuers whether or not the amount due is payable by
agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by
BILL: CS/SB 214                                                                                                       Page 9

         transaction, must disclose to the person to whom credit is to be extended specified information
         relating to, in part, finance charges and terms of the credit,72 and certain information relating to
         applications, solicitations, and opening of accounts.73

         Further, a creditor is also required to provide a statement for each billing cycle with specified
         information, such as the outstanding balance and the amount and date of each extension of
         credit.74 There are special rules that apply to credit card accounts offered to college students that
         require a card issuer to disclose a range of balances to which each periodic rate applies for a
         “category of transactions”.75 The Fair Credit Billing Act prohibits a card issuer from requiring a
         merchant to open an account with or procure any other service from a credit card issuer as a
         condition to participating in a credit card plan,76 and limits the circumstances under which a
         creditor may increase specified rates, fees, and charges.77 No provisions were identified under
         these acts that impose any requirements, protections, or restrictions with respect to MCCs.

         Anti-money Laundering Laws

         Anti-money Laundering Laws aim to detect and prevent money laundering and deter financial
         criminal activity.78 One provision authorizes the Secretary of the Treasury to require any
         financial institution79 or certain individuals related to financial institutions to report any
         suspicious transaction relevant to a possible violation of law or regulation.80 The federal rules
         require banks, federally and non-federally regulated, to establish anti-money laundering
         programs which must meet specified requirements.81 One such requirement is to conduct
         ongoing monitoring to identify and report suspicious transactions.82 The term “suspicious

regulation, apply these requirements to such a card issuers, to the extent appropriate, even though the requirements are by
their terms applicable only to creditors offering open-end credit plans.
72
   15 U.S.C. s. 1637(a).
73
   Id. at (c); 12 C.F.R. s. 1026.6.
74
   15 U.S.C. s. 1637 (b).
75
   12 C.F.R. s. 1026.60(b)(1).
76
   15 U.S.C. s. 1666g.
77
   15 U.S.C. s. 1666i-1(a) and (b).
78
   31 U.S.C. s. 5311(2) and (3).
79
   31 U.S.C. s. 5312(a)(2) defines “financial institution” as an insured bank; a commercial bank or trust company; a private
banker; an agency or branch of a foreign bank in the United States; any credit union; a thrift institution; a broker or dealer
registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.);
a broker or dealer in securities or commodities; an investment banker or investment company; a currency exchange, or a
business engaged in the exchange of currency, funds, or value that substitutes for currency of funds; an issuer, redeemer, or
cashier of travelers’ checks, checks, money orders, or similar instruments; an operator of a credit card system; an insurance
company; a dealer in precious metals, stones or jewels; a pawnbroker; a loan or finance company; a travel agency; a licensed
sender of money or any other person who engages as a business in the transmission of currency, funds, or value that
substitutes for currency; a telegraph company; a business engaged in vehicle sales, including automobile, airplane, and boat
sales; persons involved in real estate closings and settlements; the United States Postal Service; an agency of the United
States Government or of a State or local government carrying out a duty or power of a business described in this paragraph; a
casino, gambling casino, or gaming establishment with an annual gaming revenue of more than $1 million; any business or
agency which engages in any activity which the Secretary of the Treasury determines, by regulation to be an activity which is
similar to, or related to, or a substitute for any activity in which any business described in this paragraph is authorized to
engage; or any other business designated by the Secretary whose cash transactions have a high degree of usefulness in
criminal, tax, or regulatory matters.
80
   31 U.S.C. s. 5318(g)(1).
81
   31 C.F.R. 1020.210.
82
   31 C.F.R. 1020.10(a)(2)(v)(B) and (b)(2)(v)(B).
BILL: CS/SB 214                                                                                                          Page 10

         activity” means “any observed behavior that may indicate pre-operational planning associated
         with terrorism or terrorism-related crime.”83 The U.S. Department of Homeland Security website
         contains “Signs of Suspicious Activity,” which displays images and a description of categories
         for signs of suspicious activities. One such sign illustrates a firearm and suggests that weapons
         collection or storage of unusual amounts of weapons is suspicious activity.84

         Internal Revenue Code

         Payment settlement entities are required to make an annual return to the Internal Revenue
         Service (IRS) which contains, amongst other information, the gross amount of the reportable
         payment transactions85 with respect to each participating payee.86 The Secretary of the Treasury
         by regulations has the authority to determine the time, form, and manner in which the return
         must be made,87 and has designated Form 1099-K as the form to use to report such information.
         The form contains a box to report the MCC assigned to the participating payee for which the
         form is being completed. The MCC may be excluded from the form if the filing entity uses an
         industry classification system other than or in addition to MCCs or is a third party settlement
         organization.88 Broadly speaking, the MCCs classify businesses based on whether they
         predominately furnish services or goods. Payments for services are reportable, but payments for
         goods are not reportable.89

         Florida Credit Card Laws

         Relevant Florida laws that relate to credit cards90 are contained in the Financial Institutions Code
         and the Consumer Protection Act. A financial institution91 is authorized to make an extension of
         credit to any person on a credit card and to charge interest on the outstanding amount at a certain
         rate.92 Florida’s Credit Card Bank Act provides that a credit card account between a domestic


83
   The United States Department of Homeland Security, Recognize Suspicious Activity, available at: Recognize Suspicious
Activity | Homeland Security (dhs.gov) (last visited March 7, 2023).
84
   Id.
85
   26 U.S.C. s. 6050W(c) defines “reportable payment transaction” as any payment card transaction and any third party
network transaction.
86
   26 U.S.C. s. 6050W(a).
87
   Id.
88
   IRS, Instructions for Form 1099-K (01/2022), Jan. 2022, available at: Instructions for Form 1099-K (01/2022) | Internal
Revenue Service (irs.gov) (last visited March 7, 2023).
89
   IRS, Rev. Proc. 2004-43, Aug. 2, 2004, available at: Internal Revenue Bulletin: 2004-31 | Internal Revenue Service
(irs.gov) (last visited March 7, 2023).
90
   Section 658.995(2)(a), F.S., defines “credit card” as any type of arrangement or loan agreement pursuant to which a
domestic lender or credit card bank gives a borrower the privilege of using the credit card or other credit confirmation or
device of any type in transactions out of which debt arises, including: by the domestic lender or credit card bank honoring a
draft or similar order for the payment of money created, authorized, issued, or accepted by the borrower; or by the domestic
lender or credit card bank paying or agreeing to pay the borrower’s obligation.
91
   Section 655.005(1)(i), F.S., defines “financial institution” as a state or federal savings or thrift association, bank, savings
bank, trust company, international bank agency, international banking corporation, international branch, international
representative office, international administrative office, international trust entity, international trust company representative
office, qualified limited service affiliate, credit union, or an agreement corporation operating pursuant to s. 25 of the Federal
Reserve Act, 12 U.S.C. ss. 601 et seq. or Edge Act corporation organized pursuant to s. 25(a) of the Federal Reserve Act, 12
U.S.C. ss. 611 et seq.
92
   Section 655.954(1), F.S
BILL: CS/SB 214                                                                                                         Page 11

         lender93 or credit card bank94 and a borrower must be governed by the laws of Florida or federal
         law unless otherwise expressly agreed in writing by the parties.95 Florida consumer protection
         laws set out a limited number of protections relating to credit cards,96 such as provisions relating
         to issuing credit cards,97 imposing a surcharge,98 or printing certain information on a merchant’s
         receipt.99 No provisions were identified that explicitly restrict or address the use of MCCs.

III.     Effect of Proposed Changes:

         The bill contains several “whereas” clauses as an introduction to the bill that explains its
         background.

         The bill amends s. 790.335(1)(a), F.S., to include an additional Legislative finding which states:

                  The creation or maintenance of records of purchases of firearms or ammunition or
                  the tracking of sales made by a retailer of firearms or ammunition by a
                  nongovernmental entity, including a financial institution, without a substantial and
                  historical business need or a requirement imposed by law, may frustrate the right
                  to keep and bear arms and violate the reasonable privacy rights of lawful purchasers
                  of firearms or ammunition.

         The bill prohibits a payment settlement entity,100 merchant acquiring entity,101 third party
         settlement organization,102 or entities involved in facilitating or processing a payment card
         transaction from classifying or assigning a merchant category code to or otherwise classifying a
         merchant that sells firearms or ammunition separately from general merchandise or sporting goods
         retailers.

         The bill provides that the current penalties under s. 790.335, F.S.,103 only apply to paragraph (2)(a),
         which prohibits any governmental agency or local government, special district, or other political
         subdivision or official, agent, or employee of Florida or other governmental entity or any other
         person, public or private from keeping a registry of privately owned firearms.



93
   Section 658.995(2)(d), F.S., defines “domestic lender” as any bank, savings and loan association, credit union, or other
business organization organized or chartered under the laws of Florida or of the United States, which in any event is
authorized by law to accept deposits and make loans and has its principal place of business in Florida.
94
   See s. 658.995(3), F.S., for the terms and conditions under which certain entities may own or control a credit card bank.
95
   Section 658.995(4), F.S. However, such writing may not supersede the interest rate provisions of s. 655.954, F.S.
96
   Ch. 501, F.S.
97
   Section 501.011(3), F.S.
98
   Section 501.0117(1), F.S., defines “surcharge” as any additional amount imposed at the time of a sale or lease transaction
by the seller or lessor that increases the charge to the buyer or lessee for the privilege of using a credit card to make payment.
99
   Section 501.0118(2), F.S.
100
    26 U.S.C. s. 6050W(d)(1)(A). The merchant acquiring entity or third party settlement organization.
101
    26 U.S.C. s. 6050W(b)(2). The bank or other entity that has the contractual obligation to pay merchants in settlement of
credit card transactions.
102
    26 U.S.C. s. 6050W(b)(3). The organization which has the contractual obligation to pay merchants of third party network
transactions, such as PayPal, Venmo, or CashApp.
103
    The penalty is a third degree felony. A third degree felony is punishable by up to five years imprisonment, a $5,000 fine,
or both. Sections 775.082 and 775.083, F.S.
BILL: CS/SB 214                                                                                         Page 12

            The bill authorizes the Department of Agriculture and Consumer Services to investigate alleged
            violations of s. 790.335(2)(b), F.S., relating to MCCs, and upon finding a violation, to bring an
            administrative action seeking to impose an administrative fine for each violation of an
            unlawfully classified retailer. Such administrative fine imposed in the Class III category may not
            exceed $10,000 for each violation.104

            The bill takes effect July 1, 2023.

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:

                     To the extent that any payment settlement entities, merchant acquiring entities, or third
                     party settlement organizations violate the provisions in the bill or contest any
                     administrative fines imposed by the DACS for such violations, the bill may result in an
                     indeterminate fiscal impact on them.




104
      See s. 570.971(1)(c), F.S.
 BILL: CS/SB 214                                                                                                                        Page 13

         C.        Government Sector Impact:

                   To the extent that violators contest any administrative fines through the formal
                   administrative hearing process, the bill may result in an indeterminate fiscal impact on
                   the DACS and the state court system.

                   The DACS is unable to estimate any fiscal impact the proposed bill may have on the
                   agency.105

 VI.     Technical Deficiencies:

         None.

VII.     Related Issues:

         None.

VIII.    Statutes Affected:

         This bill substantially amends section 790.335 of the Florida Statutes.

 IX.     Additional Information:

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

                   CS by Commerce and Tourism on March 6, 2023:
                   The committee substitute prohibits an entity involved in facilitating or processing a
                   payment card transaction from assigning or requiring a merchant to use a merchant
                   category code that classifies the merchant as a firearms or ammunition retailer.
                   Additionally, the amendment provides that a merchant of firearms or ammunition may be
                   assigned a merchant category code for general merchandise retailers or sporting goods
                   retailers, and any agreement or contractual provision to the contrary is void in violation
                   of the public policy of the state. The substitute amendment also clarifies that the
                   department of Agriculture and Consumer Services has enforcement authority for a
                   violation of the above prohibition.

         B.        Amendments:

                   None.

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




 105
    The DACS, Agency Analysis for SB 214, p. 4, January 31, 2023, (on file with the Senate Committee on Banking and
 Insurance).
     Florida Senate - 2023                         COMMITTEE AMENDMENT        Florida Senate - 2023                           COMMITTEE AMENDMENT
     Bill No. SB 214                                                          Bill No. SB 214




                             Ì307250uÎ307250                                                          Ì307250uÎ307250


                             LEGISLATIVE ACTION                          11   similar classification. A merchant of firearms or ammunition may
           Senate                    .                   House           12   be assigned or may use a merchant category code for general
          Comm: RS                   .                                   13   merchandise retailers or sporting goods retailers. Any agreement
         03/07/2023                  .                                   14   or contractual provision to the contrary is void in violation of
                                     .                                   15   the public policy of this state.
                                     .                                   16
                                     .                                   17   ================= T I T L E    A M E N D M E N T ================
                                                                         18   And the title is amended as follows:
                                                                         19       Delete line 9
                                                                         20   and insert:
                                                                         21       sporting goods retailers; prohibiting entities
                                                                         22       involved in facilitating or processing payment card
                                                                         23       transactions from assigning to or requiring a merchant
                                                                         24       to use certain merchant category codes; authorizing a
                                                                         25       merchant of firearms or ammunition to be assigned or
     The Committee on Commerce and Tourism (Burgess) recommended the     26       to use certain merchant category codes; specifying
     following:                                                          27       that any agreement or contractual provision to the
                                                                         28       contrary is void and in violation of the public policy
1        Senate Amendment (with title amendment)                         29       of this state; authorizing the Department
2
3        Between lines 109 and 110
4    insert:
5        (c) An entity involved in facilitating or processing a
6    payment card transaction, including, but not limited to, a
7    financial institution, an acquirer, a payment card network, or a
8    payment card issuer, may not assign to or require a merchant to
9    use a merchant category code that classifies the merchant as a
10   firearms or ammunition retailer or places the merchant in a



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     Florida Senate - 2023                         COMMITTEE AMENDMENT        Florida Senate - 2023                           COMMITTEE AMENDMENT
     Bill No. SB 214                                                          Bill No. SB 214




                             Ì103650wÎ103650                                                          Ì103650wÎ103650


                             LEGISLATIVE ACTION                          11   firearms or ammunition retailer or places the merchant in a
           Senate                    .                   House           12   similar classification. A merchant of firearms or ammunition may
          Comm: RCS                  .                                   13   be assigned or may use a merchant category code for general
         03/07/2023                  .                                   14   merchandise retailers or sporting goods retailers. Any agreement
                                     .                                   15   or contractual provision to the contrary is void in violation of
                                     .                                   16   the public policy of this state.
                                     .                                   17       (4) PENALTIES.—
                                                                         18       (a) Any person who, or entity that, violates paragraph
                                                                         19   (2)(a) a provision of this section commits a felony of the third
                                                                         20   degree, punishable as provided in s. 775.082 or s. 775.083.
                                                                         21       (b) Except as required by the provisions of s. 16, Art. I
                                                                         22   of the State Constitution or the Sixth Amendment to the United
                                                                         23   States Constitution, no public funds may not shall be used to
                                                                         24   defend the unlawful conduct of any person charged with a
                                                                         25   violation of this section, unless the charges against the such
     The Committee on Commerce and Tourism (Burgess) recommended the     26   person are dismissed or the such person is determined to be not
     following:                                                          27   guilty at trial. Notwithstanding this paragraph, public funds
                                                                         28   may be expended to provide the services of the office of public
1        Senate Substitute for Amendment (307250) (with title            29   defender or court-appointed conflict counsel as provided by law.
2    amendment)                                                          30       (c) The governmental entity, or the designee of the such
3                                                                        31   governmental entity, in whose service or employ a list, record,
4        Delete lines 110 - 141                                          32   or registry was compiled in violation of paragraph (2)(a) this
5    and insert:                                                         33   section may be assessed a fine of up to not more than $5
6        (c) An entity involved in facilitating or processing a          34   million, if the court determines that the evidence shows that
7    payment card transaction, including, but not limited to, a          35   the list, record, or registry was compiled or maintained with
8    financial institution, an acquirer, a payment card network, or a    36   the knowledge or complicity of the management of the
9    payment card issuer, may not assign to or require a merchant to     37   governmental entity. The Attorney General may bring a civil
10   use a merchant category code that classifies the merchant as a      38   cause of action to enforce the fines assessed under this
                                                                         39   paragraph.

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     Florida Senate - 2023                           COMMITTEE AMENDMENT        Florida Senate - 2023                           COMMITTEE AMENDMENT
     Bill No. SB 214                                                            Bill No. SB 214




                               Ì103650wÎ103650                                                          Ì975730&Î975730


40       (d) The Department of Agriculture and Consumer Services may                                    LEGISLATIVE ACTION
41   investigate alleged violations of paragraph (2)(b) or paragraph                  Senate                      .                   House
42   (2)(c) and, upon finding a violation, bring an administrative                   Comm: WD                     .
43   action seeking to impose an administrative fine pursuant to s.                 03/07/2023                    .
44   570.971 in the Class III category for each violation of                                                      .
45   paragraph (2)(b) or paragraph (2)(c) for each instance of an                                                 .
46   unlawfully classified retailer.                                                                              .
47       (e) The state attorney in the appropriate jurisdiction
48   shall investigate complaints of criminal violations of this
49   section, except for alleged violations of paragraph (2)(b) or
50   paragraph (2)(c), and
51
52   ================= T I T L E    A M E N D M E N T ================
53   And the title is amended as follows:
54       Delete line 9
55   and insert:                                                                The Committee on Commerce and Tourism (Jones) recommended the
56       sporting goods retailers; prohibiting entities                         following:
57       involved in facilitating or processing payment card
58       transactions from assigning to or requiring a merchant            1        Senate Amendment (with title amendment)
59       to use certain merchant category codes; authorizing a             2
60       merchant of firearms or ammunition to be assigned or              3        Between lines 143 and 144
61       to use certain merchant category codes; specifying                4    insert:
62       that any agreement or contractual provision to the                5        Section 2. Community Violence Task Force.—
63       contrary is void and in violation of the public policy            6        (1) The Community Violence Task Force, a task force as
64       of this state; authorizing the Department                         7    defined in s. 20.03(8), Florida Statutes, is created within the
                                                                           8    Department of Law Enforcement. Except as otherwise provided in
                                                                           9    this section, the task force shall comply with the requirements
                                                                           10   of s. 20.052, Florida Statutes.



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     Florida Senate - 2023                           COMMITTEE AMENDMENT        Florida Senate - 2023                           COMMITTEE AMENDMENT
     Bill No. SB 214                                                            Bill No. SB 214




                               Ì975730&Î975730                                                          Ì975730&Î975730


11       (2)(a) The task force shall be composed of 15 members as          40       (3) The task force shall review system failures and the
12   follows:                                                              41   causes of high crime rates and violence in urban core
13       1. Four members appointed by the Governor, one of whom the        42   neighborhoods and communities. In addition, the task force shall
14   Governor shall designate as the chair of the task force.              43   develop recommendations for solutions, programs, services, and
15       2. Four members appointed by the President of the Senate,         44   strategies for improved interagency communication between local
16   two of whom must be members of the Legislative Black Caucus of        45   and state governmental agencies to help facilitate the reduction
17   the Senate.                                                           46   of crime and violence in urban core neighborhoods and
18       3. Four members appointed by the Speaker of the House of          47   communities.
19   Representatives, two of whom must be members of the Legislative       48       (4) The Department of Law Enforcement shall provide
20   Black Caucus of the House of Representatives.                         49   staffing and administrative assistance to the task force in
21       4. A representative from the Florida Sheriffs Association,        50   performing its duties. The task force may call upon other state
22   nominated by the executive director and appointed by the              51   agencies for such professional assistance as may be needed in
23   Governor.                                                             52   the discharge of its duties, and such agencies shall provide
24       5. A representative from the Florida Police Chiefs                53   such assistance in a timely manner.
25   Association, nominated by the executive director and appointed        54       (5) Notwithstanding any other law to the contrary, the task
26   by the Governor.                                                      55   force may request and shall be provided with access to any
27       6. The Secretary of Children and Families, or his or her          56   information or records that pertain to crime or violent
28   designee.                                                             57   incidents in this state’s urban core neighborhoods and
29       (b) Members must be appointed no later than August 1, 2023.       58   communities. Information or records obtained by the task force
30   Members serve at the pleasure of the officer who appointed them,      59   which are otherwise exempt or confidential and exempt must
31   and a vacancy on the task force must be filled in the same            60   retain such exempt or confidential and exempt status, and the
32   manner as the original appointment. Members of the task force         61   task force may not disclose any such information or records.
33   shall serve without compensation but are entitled to                  62       (6) The task force shall submit a report on its findings
34   reimbursement for per diem and travel expenses pursuant to s.         63   and recommendations to the Governor, the President of the
35   112.061, Florida Statutes.                                            64   Senate, and the Speaker of the House of Representatives by June
36       (c) The task force shall meet at the call of the chair at a       65   1, 2025.
37   time and location in this state designated by the chair. The          66       (7) This section expires June 30, 2025.
38   task force may not conduct its meetings by teleconference or          67
39   other electronic means.                                               68   ================= T I T L E    A M E N D M E N T ================

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     Florida Senate - 2023                        COMMITTEE AMENDMENT
     Bill No. SB 214




                              Ì975730&Î975730


69   And the title is amended as follows:
70       Delete line 14
71   and insert:
72       changes; creating the Community Violence Task Force
73       within the Department of Law Enforcement; providing
74       for membership, duties, and meetings of the task
75       force; requiring state agencies to provide assistance
76       when requested; authorizing the task force to receive
77       exempt or confidential and exempt information and
78       specifying that the information maintains such status;
79       requiring the task force to submit a report to the
80       Governor and Legislature by a specified date;
81       providing for expiration of the task force; providing
82       an effective date.




                                Page 4 of 4
     3/6/2023 2:46:07 PM                                    577-02288-23
       Florida Senate - 2023                                         SB 214          Florida Senate - 2023                                        SB 214



       By Senator Burgess




       23-00608-23                                                2023214__          23-00608-23                                                2023214__
1                              A bill to be entitled                          30          WHEREAS, the use of either merchant category code cannot
2           An act relating to sales of firearms and ammunition;              31     distinguish the sale of a firearm from the sale of a gun safe by
3           amending s. 790.335, F.S.; providing legislative                  32     a firearms and ammunition merchant, and
4           findings; prohibiting payment settlement entities,                33          WHEREAS, the use of the new merchant category code to
5           merchant acquiring entities, or third party settlement            34     detect suspicious activities predicting future unlawful activity
6           organizations from assigning merchant category codes              35     will likely discourage financial institutions from serving
7           or otherwise classifying merchants of firearms or                 36     lawful retailers of firearms and ammunition and chill the lawful
8           ammunition separately from general merchandise or                 37     exercise of Second Amendment rights, and
9           sporting goods retailers; authorizing the Department              38          WHEREAS, current law requires a firearm retailer to conduct
10          of Agriculture and Consumer Services to investigate               39     a criminal history records check on a potential purchaser before
11          certain alleged violations and bring administrative               40     delivering a firearm to the purchaser, and
12          actions; providing an exception to complaint                      41          WHEREAS, the new merchant category code may result in
13          investigations by state attorneys; making technical               42     credit card companies reporting law-abiding citizens to a law
14          changes; providing an effective date.                             43     enforcement agency based on overbroad definitions of suspicious
15                                                                            44     activity and the creation of a de facto gun registry and
16          WHEREAS, the International Standards Organization, based in       45     watchlists of law-abiding citizens, and
17     Switzerland, recently approved a new merchant category code for        46          WHEREAS, the use of the new merchant category code will
18     firearm and ammunition merchants, and                                  47     likely make the job of law enforcement officers more difficult,
19          WHEREAS, firearm and ammunition merchants historically have       48     as those purchasing a firearm from a firearm retailer for an
20     been classified as sporting goods retailers or general                 49     unlawful purpose will likely purchase firearms with cash,
21     merchandise retailers, which has been sufficient for credit card       50     cryptocurrency, or other means that are difficult or impossible
22     companies’ business needs, and                                         51     to trace, and
23          WHEREAS, according to advocates for the new merchant              52          WHEREAS, developing appropriate regulations for the sale of
24     category code, the new code will allow credit card companies to        53     firearms and ammunition while protecting the right of self-
25     flag “suspicious” transactions, ostensibly for the purpose of          54     defense is the role of democratically elected officials, not the
26     predicting and preventing future gun violence, and                     55     role of unelected bankers and foreign organizations, NOW,
27          WHEREAS, proponents indicate that the new merchant category       56     THEREFORE,
28     code is a “first step” but have given no guidance as to how to         57
29     distinguish suspicious activity from lawful sales, and                 58     Be It Enacted by the Legislature of the State of Florida:

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       Florida Senate - 2023                                         SB 214           Florida Senate - 2023                                         SB 214




       23-00608-23                                                2023214__           23-00608-23                                                2023214__
59                                                                            88      including a financial institution, without a substantial and
60          Section 1. Paragraph (a) of subsection (1) and subsections        89      historical business need or a requirement imposed by law, may
61     (2) and (4) of section 790.335, Florida Statutes, are amended to       90      frustrate the right to keep and bear arms and violate the
62     read:                                                                  91      reasonable privacy rights of lawful purchasers of firearms or
63          790.335 Prohibition of registration of firearms; electronic       92      ammunition.
64     records.—                                                              93           5. Law-abiding firearm owners whose names have been
65          (1) LEGISLATIVE FINDINGS AND INTENT.—                             94      illegally recorded in a list, record, or registry are entitled
66          (a) The Legislature finds and declares that:                      95      to redress.
67          1. The right of individuals to keep and bear arms is              96           (2) PROHIBITIONS.—
68     guaranteed under both the Second Amendment to the United States        97           (a) A No state governmental agency or local government,
69     Constitution and s. 8, Art. I of the State Constitution.               98      special district, or other political subdivision or official,
70          2. A list, record, or registry of legally owned firearms or       99      agent, or employee of the such state or other governmental
71     law-abiding firearm owners is not a law enforcement tool and can       100     entity or any other person, public or private, may not shall
72     become an instrument for profiling, harassing, or abusing law-         101     knowingly and willfully keep or cause to be kept any list,
73     abiding citizens based on their choice to own a firearm and            102     record, or registry of privately owned firearms or any list,
74     exercise their Second Amendment right to keep and bear arms as         103     record, or registry of the owners of those firearms.
75     guaranteed under the United States Constitution. Further, such a       104          (b) A payment settlement entity, merchant acquiring entity,
76     list, record, or registry has the potential to fall into the           105     or third party settlement organization as those terms are
77     wrong hands and become a shopping list for thieves.                    106     defined in s. 6050W of the Internal Revenue Code may not assign
78          3. A list, record, or registry of legally owned firearms or       107     a merchant category code to or otherwise classify a merchant
79     law-abiding firearm owners is not a tool for fighting terrorism,       108     that is a seller of firearms or ammunition separately from
80     but rather is an instrument that can be used as a means to             109     general merchandise retailers or sporting goods retailers.
81     profile innocent citizens and to harass and abuse American             110          (4) PENALTIES.—
82     citizens based solely on their choice to own firearms and              111          (a) Any person who, or entity that, violates paragraph
83     exercise their Second Amendment right to keep and bear arms as         112     (2)(a) a provision of this section commits a felony of the third
84     guaranteed under the United States Constitution.                       113     degree, punishable as provided in s. 775.082 or s. 775.083.
85          4. The creation or maintenance of records of purchases of         114          (b) Except as required by the provisions of s. 16, Art. I
86     firearms or ammunition or the tracking of sales made by a              115     of the State Constitution or the Sixth Amendment to the United
87     retailer of firearms or ammunition by a nongovernmental entity,        116     States Constitution, no public funds may not shall be used to

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        Florida Senate - 2023                                         SB 214




        23-00608-23                                                2023214__
117     defend the unlawful conduct of any person charged with a
118     violation of this section, unless the charges against the such
119     person are dismissed or the such person is determined to be not
120     guilty at trial. Notwithstanding this paragraph, public funds
121     may be expended to provide the services of the office of public
122     defender or court-appointed conflict counsel as provided by law.
123          (c) The governmental entity, or the designee of the such
124     governmental entity, in whose service or employ a list, record,
125     or registry was compiled in violation of paragraph (2)(a) this
126     section may be assessed a fine of up to not more than $5
127     million, if the court determines that the evidence shows that
128     the list, record, or registry was compiled or maintained with
129     the knowledge or complicity of the management of the
130     governmental entity. The Attorney General may bring a civil
131     cause of action to enforce the fines assessed under this
132     paragraph.
133          (d) The Department of Agriculture and Consumer Services may
134     investigate alleged violations of paragraph (2)(b) and, upon
135     finding a violation, bring an administrative action seeking to
136     impose an administrative fine pursuant to s. 570.971 in the
137     Class III category for each violation of paragraph (2)(b) for
138     each instance of an unlawfully classified retailer.
139          (e) The state attorney in the appropriate jurisdiction
140     shall investigate complaints of criminal violations of this
141     section, except for alleged violations of paragraph (2)(b), and
142     shall prosecute violators, where evidence indicates that a
143     violation may have occurred, shall prosecute violators.
144          Section 2. This act shall take effect July 1, 2023.



                                   Page 5 of 5
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                       of privately owned firearms or any list, record, or registry of the owners of
                                                                                                                       those firearms.” 1

                                                                                                               Any violation of s. 790.335 is a felony of the third degree, punishable by up to five years
                                                                                                               in state prison. 2

                                                                                                               On September 9, 2022, the International Organization for Standardization 3 (ISO)
                                                                                  January 31, 2023             approved a Merchant Category Code 4 (MCC) for gun retailers at the behest of gun control
                                                                                                               advocates, including U.S. Senator Elizabeth Warren and New York City Mayor Eric
Agency Affected:       Dept. of Agriculture and Consumer Services          Telephone: 850-617-7000
                                                                                                               Adams, to detect and track “suspicious weapons purchases.” 5
Agency Contact:        Isabelle Garbarino, Legislative Affairs Director    Telephone: 850-617-7700
                                                                                                               While the prohibition under s. 790.335 against keeping any list, record, or registry of
                                                                                                               privately owned firearms or owners of those firearms applies to all entities public or private,
Senate Bill Number: 214                                           Senate Bill Sponsor: Sen. Burgess            it does not specifically address private entities assigning a MCC or otherwise classifying
                                                                                                               merchants of firearms or ammunition separately from general merchandise or sporting
Bill Title: Sales of Firearms and Ammunition                                                                   goods retailers.

Effective Date: July 1, 2023                                                                               3. EFFECT OF PROPOSED CHANGES:
                                                                                                              SB 214 amends s. 790.335(2)(b), F.S., by making it unlawful for any payment settlement
Similar Bill(s): Yes     No                                                                                   entity, merchant acquiring entity, or third-party settlement organization 6 to assign a MCC
Similar Bill(s):                                                                                              or to otherwise classify a merchant that is a seller of firearms or ammunition separately
                                                                                                              from general merchandise retailers or sporting goods retailers.
Identical Bill: Yes   No
Identical Bill: HB 221: Sales of Firearms and Ammunition by Rep. Snyder                                        S. 790.335 in its current form under subsection (4)(a) makes a violation of any provision
                                                                                                               of this section a third-degree felony. SB 214 would amend the criminal penalty in
   1. SUMMARY:                                                                                                 subsection (4)(a) by making it a third-degree felony only for a violation of subsection (2)(a),
      Amends s. 790.335, F.S.; provides legislative findings; prohibits payment settlement                     which makes it unlawful for any public or private entity or person to maintain a list, record,
      entities, merchant acquiring entities, or third party settlement organizations from assigning            or registry of firearms or firearms owners.
      merchant category codes or otherwise classifying merchants of firearms or ammunition
      separately from general merchandise or sporting goods retailers; authorizes the Florida                  Any governmental entity that compiles a list, record, or registry of firearms or firearms
      Department of Agriculture and Consumer Services (FDACS) to investigate certain alleged                   owners in violation of subsection (2)(a) may be assessed a fine of up to $5 million if the
      violations and bring administrative actions; provides an exception to complaint                          evidence shows such was compiled or maintained with the knowledge or complicity of the
      investigations by state attorneys; provides an effective date.

   2. PRESENT SITUATION:                                                                                       1 Sec. 790.335(2), Fla. Stat. (2022).
      Section 790.335, F.S. – Prohibition of registration of firearms; electronic records, provides:
                                                                                                       2 Sec. 775.082(3)(e), Fla. Stat. (2022).
                                                                                                       3 The ISO is an independent, non-governmental international organization headquartered in Geneva,
              “No state governmental agency or local government, special district, or
              other political subdivision or official, agent, or employee of such state or             Switzerland, with a membership of 167 national standards bodies. The national standards bodies that
                                                                                                       comprise this worldwide federation collaborate in the development and promotion of international
              other governmental entity or any other person, public or private, shall                  standards for technology, scientific testing processes, working conditions and societal issues.
              knowingly and willfully keep or cause to be kept any list, record, or registry           (https://www.iso.org/about-us.html).
                                                                                                       4 A Merchant Category Code (MCC) is a four-digit number used by credit card companies to classify

                                                                                                       businesses and describe the merchant’s primary business activities.
                                                                                                       5 https://www.reuters.com/world/exclusive-global-standards-body-approves-new-merchant-code-gun-

                                                                                                       sellers-2022-09-09/
                                                                                                       6 As these terms are defined in 26 U.S.C. § 600W of the Internal Revenue Code.
        management of the governmental entity. The Florida Attorney General is empowered to                          a. Yes:     No:
        bring a civil cause of action to enforce the fines assessed under this provision.                            b. If yes please explain:

        FDACS would be granted statutory authority under this bill to investigate alleged violations          9. ARE THERE ANY APPOINTMENTS, CREATION OF, OR CHANGES TO ANY
        of the Merchant Category Code clause in subsection (2)(b). The department would also                     BOARDS, TASK FORCES, COUNCILS, COMMISSIONS, ETC. THAT WILL IMPACT
        be empowered to bring an administrative action and impose a Class III administrative fine 7              THE DEPARTMENT?
        for each instance of an unlawfully classified retailer.                                                    a. Yes:     No:
                                                                                                                   b. If yes please explain:
        Should SB 214 be signed into law, the OALE Regulatory Investigations Section (RIS)
        would be tasked with investigating unlawfully classified retailer violations and the Office of           LEGAL ISSUES
        General Counsel would be responsible for initiating and litigating administrative actions
        against violators.                                                                                    10. Does the proposed bill conflict with existing federal law or regulations that impact
                                                                                                                  the department? If so, what laws and/or regulations? No.
    4. FISCAL IMPACT ON FDACS
       Currently, the Florida Department of Agriculture and Consumer Services is unable to                    11. Does the proposed bill raise significant constitutional concerns under the U.S. or
       estimate a fiscal impact, if any, the proposed bill may have on the department.                            Florida Constitutions (e.g. separation of powers, access to the courts, equal
                                                                                                                  protection, free speech, establishment clause, impairment of contracts) that
    5. IS THERE AN ESTIMATED FISCAL IMPACT ON LOCAL GOVERNMENT(s)?                                                impacts the department? No.
       Unknown.
                                                                                                              12. Is the proposed bill likely to generate litigation for the department and, if so, from
    6. IS THERE AN ESTIMATED FISCAL IMPACT ON THE PRIVATE SECTOR?                                                 what interest groups or parties?
       Unknown.                                                                                                   The intended level of compliance is currently unknown. This legislation may produce
                                                                                                                  violators contesting administrative complaints and fines through the formal administrative
    7. ARE THERE ESTIMATED TAXES, FEES, OR FINES ASSOCIATED WITH THE                                              hearing process.
       PROPOSED BILL? (If yes, please explain the impact in A and/or B below)
       No.
                                                                                                            COMMENTS:

        A. Does the proposed bill create new or increase existing taxes, fees, or fines? If
           so, please explain.

        B. Does the proposed bill repeal or decrease existing taxes, fees, or fines? If so,
           please explain.

        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: Passage of SB 214 could result in policy creation for
                the OALE Regulatory Investigations Section.

    8. DOES THE PROPOSED BILL REQUIRE THE DEPARTMENT TO PARTICIPATE IN
       OR PRODUCE ANY REPORTS OR STUDIES?


7 A Class III administrative fine is a fine not exceeding $10,000. Sec. 570.971(1)(c), Fla. Stat. (2022).
                                                        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 844
INTRODUCER:        Senator Yarborough
SUBJECT:           Sales Tax Exemption for Renewable Natural Gas Machinery and Equipment
DATE:              March 3, 2023                  REVISED:             3/6/23

           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Renner                             McKay                                 CM              Favorable
2.                                                                          FT
3.                                                                          AP



    I.    Summary:

          SB 844 exempts machinery and equipment used at a fixed location for the production, storage,
          transportation, compression, or blending of renewable natural gas from the sales and use tax.

          The bill provides that purchasers of machinery and equipment qualifying for the exemption must
          furnish the vendor with an affidavit stating that the item to be exempted will be used for
          purposes specified in the exemption, unless the purchaser has self-accrual authority. The bill
          incorporates existing penalties for submitting a fraudulent claim.

          The Revenue Estimating Conference determined the bill will reduce General Revenue Fund
          receipts by $1.5 million in Fiscal Year 2023-2024, with a recurring impact of $700,000. The bill
          will reduce local revenues by $400,000 in Fiscal Year 2023-2024, with a recurring impact of
          $200,000.

          The bill takes effect July 1, 2023.

    II.   Present Situation:

          Florida Sales and Use Tax

          Florida levies a 6 percent sales and use tax on the sale or rental of most tangible personal
          property,1 admissions,2 transient rentals,3 and a limited number of services. Chapter 212, F.S.,
          contains provisions authorizing the levy and collection of Florida’s sales and use tax, as well as
          the exemptions and credits applicable to certain items or uses under specified circumstances.


1
  Section 212.05(1)(a)1.a., F.S.
2
  Section 212.04(1)(b), F.S.
3
  Section 212.03(1)(a), F.S.
BILL: SB 844                                                                                                Page 2

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

        Counties are authorized to impose local discretionary sales surtaxes in addition to the state sales
        tax.5 A surtax applies to “all transactions occurring in the county which transactions are subject
        to the state tax imposed on sales, use, services, rentals, admissions, and other transactions by [ch.
        212, F.S.], and communications services as defined in ch. 202.” 6The discretionary sales surtax is
        based on the tax rate imposed by the county where the taxable goods or services are sold or
        delivered. Discretionary sales surtax rates currently levied vary by county in a range of 0.5 to 1.5
        percent.7

        Current law provides numerous exemptions from sales and use tax for machinery and equipment
        at a fixed location for uses such as the production of electrical or steam energy, spaceport
        activities, and for machines and equipment used under federal procurement contracts.8 Currently,
        there is no sales and use tax exemption for machinery and equipment used for the production,
        storage, transportation, compression or blending of renewable natural gas.

        Renewable Natural Gas9

        Renewable natural gas is essentially made from biogas (the gaseous product of the
        decomposition of organic matter) that has been processed to purity standards and can be used as
        transportation fuel or liquefied natural gas. However, to fuel vehicles, the biogas must be
        processed to a higher purity standard resulting in the renewable gas having a higher content of
        methane than raw biogas, which makes it comparable to conventional natural gas. This makes
        the renewable natural gas suitable in applications that require pipeline-quality gas such as
        vehicles.

        Three main sources of biogas are landfills, livestock operations and wastewater treatment sites.
        In landfills, the digestion process takes place in the ground rather than in an anaerobic digester,
        which is a series of processes in which microorganisms break down biodegradable material in
        the absence of oxygen. As of 2021, there were 548 operational landfill gas projects in the
        country. At livestock operations, animal manure is collected and run through an anaerobic
        digester to stabilize and optimize methane production. The result is biogas that can be processed
        into renewable natural gas and used to fuel gas vehicles or produce electricity. As of 2022, there
        are 331 livestock farms utilizing anaerobic digester systems in the country, including three in
        Florida.10 At wastewater treatment plants, biogas is produced by digesting the solids removed in
        the wastewater treatment process. Approximately 1,300 wastewater treatment plants in the
        country have anaerobic digesters.

4
  Section 212.07(2), F.S.
5
  Section 212.055, F.S.
6
  Section 212.054(2)(a), F.S.
7
  Florida Department of Revenue, Discretionary Sales Surtax Information for Calendar Year 2023, at
https://floridarevenue.com/Forms_library/current/dr15dss.pdf (last visited March 3, 2023).
8
  See s. 212.08(5), F.S.
9
  United States Department of Energy, Alternative Fuels Data Center, Renewable Natural Gas Production, at
https://afdc.energy.gov/fuels/natural_gas_renewable.html. (last visited March 3, 2023).
10
   United States Environmental Protection Agency, Livestock Anaerobic Digester Database, at
https://www.epa.gov/agstar/livestock-anaerobic-digester-database (last visited March 3, 2023).
BILL: SB 844                                                                                                             Page 3



III.     Effect of Proposed Changes:

         The bill exempts machinery and equipment used at a fixed location for the production, storage,
         transportation, compression, or blending of renewable natural gas from the sales and use tax.

         The bill defines “renewable natural gas” as an anaerobically generated biogas, landfill, gas, or
         wastewater treatment gas refined to a methane content of 90 percent or greater, which may be
         used as transportation fuel or for electric generation or is of a quality capable of being injected
         into a natural gas pipeline. The bill specifies that any reference to natural gas in Ch. 212, F.S.,
         includes renewable natural gas.

         The bill provides that purchasers of machinery and equipment qualifying for this exemption must
         furnish the vendor with an affidavit stating that the item or items to be exempted are for the
         production, storage, transportation, compression, or blending of renewable natural gas.
         Purchasers with self-accrual authority11 are not required to provide an affidavit; however, the
         purchaser must maintain all documentation necessary to prove the exempt status of purchases.

         A person furnishing a false affidavit to the vendor in order to evade payment of the sales tax is
         liable for payment of the tax plus a mandatory penalty of 200 percent of the tax. A violation of
         this section is a third degree felony.12

         The bill provides rulemaking authority to the Department of Revenue.

         The bill takes effect July 1, 2023.

IV.      Constitutional Issues:

         A.       Municipality/County Mandates Restrictions:

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

                  Subsection (b) of Art. VII, s. 18 of the Florida Constitution provides that except upon
                  approval of each house of the Legislature by two-thirds vote of the membership, the
11
   Section 212.183, F.S. The Department of Revenue is authorized to provide by rule for self-accrual of the sales tax under
one or more of the following seven circumstances: where authorized by law for holders of direct pay permits; where tangible
personal property is subject to tax on a prorated basis, and the proration factor is based upon characteristics of the purchaser;
where the taxable status of types of tangible personal property will be known only upon use; for commercial renters where
the purchaser rents from a number of independent property owners who, apart from rentals to the purchaser in question,
would otherwise not be obligated to register as dealers; where the purchaser makes purchases in excess of $10 million per
year of tangible personal property in any county; when the purchaser makes purchases of promotional materials defined in s.
212.06(11), F.S., and at the time of purchase, the purchaser does not know whether the materials will be exported outside the
state; and for commercial rentals where the purchaser, who is required to remit sales tax electronically pursuant to s. 213.755,
F.S., rents from a number of independent property owners.
12
   Section 212.085, F.S. A third degree felony is generally punishable by not more than five years in state prison and a fine
not exceeding $5,000. Sections 775.082 and 775.083, F.S.
BILL: SB 844                                                                                                            Page 4

                  legislature may not enact, amend, or repeal any general law if the anticipated effect of
                  doing so would be to reduce the authority that municipalities or counties have to raise
                  revenue in the aggregate, as such authority existed on February 1, 1989. However, the
                  mandates requirements do not apply to laws having an insignificant impact.13,14 which is
                  $2.3 million or less for Fiscal Year 2023-2024.15

                  The Revenue Estimating Conference determined that the bill will reduce the authority
                  that counties have to raise revenue from the local option sales tax by $400,000 in Fiscal
                  Year 2023-2024. Therefore, the mandates provision may not apply as the impact is
                  insignificant.

         B.       Public Records/Open Meetings Issues:

                  None.

         C.       Trust Funds Restrictions:

                  None.

         D.       State Tax or Fee Increases:

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

         E.       Other Constitutional Issues:

                  None identified.

V.       Fiscal Impact Statement:

         A.       Tax/Fee Issues:

                  The Revenue Estimating Conference determined the bill will reduce General Revenue
                  Fund receipts by $1.5 million in Fiscal Year 2023-2024, with a recurring impact of
                  $700,000. The bill will reduce local revenues by $400,000 in Fiscal Year 2023-2024,
                  with a recurring impact of $200,000.




13
   FLA. CONST. art. VII, s. 18(d).
14
   An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year
multiplied by $0.10. See Florida Senate Committee on Community Affairs, Interim Report 2012-115: Insignificant Impact,
(September 2011), available at http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last
visited March 3, 2023).
15
   Based on the Demographic Estimating Conference’s estimated population adopted on July 18, 2022. The conference
packet is available at http://edr.state.fl.us/Content/conferences/population/ConferenceResults.pdf (last visited March 3,
2023).
 BILL: SB 844                                                                                                                         Page 5

        B.       Private Sector Impact:

                 The private sector will experience reduced costs associated with machinery and
                 equipment used for the production, storage, transportation, compression, or blending of
                 renewable natural gas due to the sales and use tax exemption provided in this legislation.

        C.       Government Sector Impact:

                 None.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill substantially amends section 212.08 of the Florida Statutes.

 IX.    Additional Information:

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

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2023                                         SB 844          Florida Senate - 2023                                          SB 844



       By Senator Yarborough




       4-00698-23                                                 2023844__          4-00698-23                                                   2023844__
1                              A bill to be entitled                          30     for electric generation or is of a quality capable of being
2           An act relating to a sales tax exemption for renewable            31     injected into a natural gas pipeline. For purposes of this
3           natural gas machinery and equipment; amending s.                  32     chapter, any reference to natural gas includes renewable natural
4           212.08, F.S.; defining the term “renewable natural                33     gas.
5           gas”; providing a sales tax exemption for the purchase            34            2. The purchase of machinery and equipment that is
6           of certain machinery and equipment relating to                    35     primarily used in the production, storage, transportation,
7           renewable natural gas; requiring purchasers of such               36     compression, or blending of renewable natural gas and that is
8           machinery and equipment to furnish the vendor with a              37     used at a fixed location is exempt from the tax imposed by this
9           certain affidavit; providing an exception; providing              38     chapter.
10          penalties, including a criminal penalty; authorizing              39            3. Purchasers of machinery and equipment qualifying for the
11          the Department of Revenue to adopt rules; providing an            40     exemption provided in this paragraph must furnish the vendor
12          effective date.                                                   41     with an affidavit stating that the item or items to be exempted
13                                                                            42     are for the use designated herein. Purchasers with self-accrual
14     Be It Enacted by the Legislature of the State of Florida:              43     authority pursuant to s. 212.183 are not required to provide
15                                                                            44     this affidavit, but shall maintain all documentation necessary
16          Section 1. Paragraph (v) is added to subsection (5) of            45     to prove the exempt status of purchases.
17     section 212.08, Florida Statutes, to read:                             46            4. A person furnishing a false affidavit to the vendor for
18          212.08 Sales, rental, use, consumption, distribution, and         47     the purpose of evading payment of the tax imposed under this
19     storage tax; specified exemptions.—The sale at retail, the             48     chapter is subject to the penalty set forth in s. 212.085 and as
20     rental, the use, the consumption, the distribution, and the            49     otherwise provided by law.
21     storage to be used or consumed in this state of the following          50            5. The department may adopt rules to administer this
22     are hereby specifically exempt from the tax imposed by this            51     paragraph.
23     chapter.                                                               52            Section 2. This act shall take effect July 1, 2023.
24          (5) EXEMPTIONS; ACCOUNT OF USE.—
25          (v) Renewable natural gas machinery and equipment.—
26          1. As used in this paragraph, the term “renewable natural
27     gas” means anaerobically generated biogas, landfill gas, or
28     wastewater treatment gas refined to a methane content of 90
29     percent or greater, which may be used as transportation fuel or

                                   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
                    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 892
INTRODUCER:       Senator Martin
SUBJECT:          State Minimum Wage
DATE:             March 3, 2023                   REVISED:             3/6/23

           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Baird                              McKay                                 CM              Favorable
2.                                                                          GO
3.                                                                          RC



    I.    Summary:

          SB 892 amends the Florida Minimum Wage Act to incorporate amendments to the federal Fair
          Labor Standards Act. Two classes of employees have been exempted from the FLSA minimum
          wage requirements since the 2005 passing of the Florida Minimum Wage Act: border patrol
          agents and salaried baseball players.

          The bill provides that it is intended to clarify existing law.

          The bill takes effect upon becoming law.


    II.   Present Situation:

          Federal Minimum Wage

          In 1938, the United States Congress enacted the federal Fair Labor Standards Act (FLSA) which
          prescribes standards for minimum wages, overtime pay, recordkeeping, and child labor.1 The
          minimum wage for all covered, nonexempt employees has remained at $7.25 per hour since
          2009.2

          The Wage and Hour Division of the United States Department of Labor enforces the federal Fair
          Labor Standards Act, including the federal minimum wage. It is a violation of FLSA to fire or in



1
  29 U.S.C. 201, et seq. See generally U.S. Department of Labor, Wage and Hour Division,, Compliance Assistance – Far
Labor Standards Act (FLSA), available at: http://www.dol.gov/whd/flsa/index.htm (last visited March 3, 2023).
2
  U.S. Department of Labor, Minimum Wage, available at: https://www.dol.gov/general/topic/wages/minimumwage (last
visited March 1, 2023).
BILL: SB 892                                                                                                     Page 2

        any other manner discriminate against an employee for filing a complaint or for participating in a
        legal proceeding under the FLSA.3

        The FLSA includes several exemptions from the federal minimum hourly wage, that are not
        legally required to be paid at the minimum hourly wage rate, including:4
             Executive, administrative and professional employees (including teachers and academic
                administrative personnel in elementary and secondary schools), outside sales employees,
                and employees in certain computer-related occupations;
             Employees in certain seasonal amusement or recreational establishments, employees in
                certain small newspapers, seamen employed on foreign vessels, employees engaged in
                fishing operations, and employees engaged in newspaper delivery;
             Farm workers employed by anyone who used no more than 500 “man-days” of farm
                labor in any calendar quarter of the preceding calendar year;
             Causal babysitters and persons employed as companions for the elderly or infirm;
             Border patrol agents; and
             Baseball players who are compensated pursuant to a contract that provides for a weekly
                salary for services performed during the league’s championship season at a rate that is not
                less than a weekly salary equal to the minimum wage.

        The United States Congress intended for all employees in America to be protected by the FLSA
        unless they are expressly exempted.

        Since its initial passing in 1938, the United States Congress has subsequently amended the FLSA
        over 20 times, including most recently in 2018.5

        Florida Minimum Wage

        Florida Constitution
        On November 2, 2004, Floridians voted to amend the Florida Constitution by adding a minimum
        wage provision that established the state minimum wage.6

        Under the State Constitution, all working Floridians are entitled to be paid a minimum wage that
        is sufficient to provide a decent and healthy life for them and their families, that protects their
        employers from unfair low-wage competition, and that does not force them to rely on taxpayer
        funded public services in order to avoid economic hardship.7 The amount of the minimum wage
        and the procedure for calculating increases in the minimum wage are established in the State
        Constitution.8 The State Constitution references the FLSA and its implementing regulations to



3
  U.S. Department of Labor, Wage and Hour Division, Fact Sheet #77A: Prohibiting Retaliation Under the Fair Labor
Standards Act (FLSA), available at: http://www.dol.gov/whd/regs/compliance/whdfs77a.pdf (last visited March 1, 2023).
4
  29 U.S.C. § 213.
5
  U.S. Department of Labor, History of Changes to the Minimum Wage Law, available at
https://www.dol.gov/agencies/whd/minimum-wage/history (last visited March 3, 2023).
6
  FLA. CONST. art. X, s. 24.
7
  FLA. CONST. art. X, s. 24(a).
8
  FLA. CONST. art. X, s. 24(c).
BILL: SB 892                                                                                                        Page 3

        determine the meaning9 of the terms “Employer,” “Employee” and “Wage,”10 and states that “[i]t
        is intended that case law, administrative interpretations, and other guiding standards developed
        under the federal FLSA shall guide the construction of this amendment and any implementing
        statutes or regulations.”11

        On November 3, 2020, Florida voters approved Amendment 2, which amended the State
        Constitution to gradually increase the state’s minimum wage to $15.00 an hour by the year
        2026.12 Pursuant to the passage of Amendment 2, on September 30, 2021, Florida’s minimum
        wage increased to $10.00 per hour. Each year, thereafter, Florida’s minimum wage will increase
        by $1.00 until the minimum wage reaches $15.00 per hour on September 30, 2026.13 Beginning
        in 2027, the minimum wage will be adjusted annually for inflation, as it has been since 2005.

        Florida Statute
        The Florida Minimum Wage Act (Act) was enacted in 2005 to implement the constitutional
        provisions that were approved by voters in 2004.14 The Act establishes procedures with respect
        to civil actions alleging violations of its provisions. The Florida minimum wage provisions may
        be enforced by the bringing of a civil suit by an aggrieved person15 or by the Attorney General.16

        Section 448.110(3), F.S., provides that the Act is limited to “[o]nly those individuals entitled to
        receive the federal minimum wage under the federal Fair Labor Standards Act and its
        implementing regulations.” In addition, the Act provides that “[t]he provisions of ss. 213 and ss.
        214 of the Federal Fair Labor Standards Act…are incorporated herein.”17

        Post 2005 FLSA Exemption Amendments

        In 2005, the FLSA included 17 subsections within subsection (a) of ss. 213-Exemptions.

        In 2014, Congress amended the FLSA to add subsection 18 which states that “any employee who
        is a border patrol agent, as defined in section 5550(a) of title 5.” This language was implemented
        along with the intention that border patrol agents’ wages would instead be governed by the
        Border Patrol Agent Pay Reform Act of 2014.18

9
   In re Advisory Opinion to the Atty. Gen. re Fla. Minimum Wage Amend., 880 So. 2d 636, 641–42 (Fla. 2004) (“the
proposed amendment does not state that it is adopting the FLSA's definition of the term “employee,” but provides that it is
adopting the meaning of the term “employee,” which is a much broader concept.”).
10
   FLA. CONST. art. X, s. 24(b).
11
    FLA. CONST. art. X, s. 24(f).
12
   United States Department of State, Notice of Increase to State of Florida’s Minimum Wage, available at
https://www.state.gov/wp-content/uploads/2021/01/2021-01-29-Notice-FL-Minimum-Wage-Increase.pdf (last visited March
3, 2023).
13
   Department of Economic Opportunity, Florida’s Minimum Wage, available at
https://floridajobs.org/docs/defaultsource/business-growth-and-partnerships/for-employers/posters-and-required-
notices/2021-minimum-wage/september2021/florida-minimum-wage-september-2021-
announcement.pdf?sfvrsn=c12151b0_4 (last visited March 3, 2023).
14
   Chapter 2005-353, L.O.F.
15
   Section 448.110(6), F.S.
16
   Section 448.110(7), F.S.
17
   Section 448.110(3), F.S.
18
   S.1691 – 113th Congress (2013-2014): Border Patrol Agent Pay Reform Act of 2014, S.1691, 113th Cong, (2014).
BILL: SB 892                                                                                                           Page 4


         In 2018, Congress again amended the FLSA to include subsection (a)(19), which states:

                  “any employee employed to play baseball who is compensated pursuant to a contract that
                  provides for a weekly salary for services performed during the league's championship
                  season (but not spring training or the off season) at a rate that is not less than a weekly
                  salary equal to the minimum wage under section 206(a) of this title for a workweek of 40
                  hours, irrespective of the number of hours the employee devotes to baseball related
                  activities.”

         The 2018 amendment exempted minor league baseball players as long as players were paid at
         least $290 per week during the 2018 championship season, then they would not be entitled to any
         additional compensation (overtime or otherwise) even when working more than forty hours in a
         single week.19

         Currently in Florida, there are 12 minor league baseball teams that are affiliated with Major
         League Baseball (MLB). There are approximately 500 players currently rostered, employed, and
         being paid by the 12 Florida Minor League Baseball teams.20 Additionally, 15 MLB teams
         conduct major and minor league spring training in Florida at thirteen different spring training
         facilities.

         These two amendments were the only amendments made to ss. 213 of the FLSA since Florida
         passed its minimum wage law in 2005.21


III.     Effect of Proposed Changes:

         The bill amends s. 448.110, F.S., to incorporate subsequent amendments to the FLSA, aligning
         Florida’s minimum wage exemptions with federal exemptions.

         The bill takes effect upon becoming law.




19
   See Levi Weaver, On Minor-League Pay, MLB’s Stance Doesn’t Line Up with the Facts, ATHLETIC (Apr. 4, 2018),
https://www.theathletic.com/293189/%202018/04/04/on-minor-league-pay-mlbs-stance-doesnt-line-up-with-the-facts// (last
visited March 1, 2023) (recounting salary scale per level of minor league baseball, while noting that the “federally-recognized
poverty line is $12,140 per year for single-individual households”). A not-insignificant percentage of minor league players
are able to subsidize their relatively meager monthly salaries by drawing upon the signing bonuses they received from their
MLB clubs when first entering the professional ranks, bonuses that can range anywhere from $10,000 to several million
dollars. See id. (reporting that “[t]he top 64 picks [in the MLB draft] last year all received a bonus of over $1,000,000 before
taxes, but roughly 40% of players . . . signed for one-time bonuses of $10,000 or less”).
20
   See Michael Avallone, Then and now: Florida State League, MiLB.com, https://www.milb.com/news/florida-state-league-
overview (last visited March 3, 2023).
21
   Section 448.110, F.S., expressly references ss. 214 of the FLSA (in addition to ss. 213) however, ss. 214 has not been
amended since 1989.
BILL: SB 892                                                                                          Page 5

IV.   Constitutional Issues:

      A.       Municipality/County Mandates Restrictions:

               Article VII, section 18 of the Florida Constitution requires a two-thirds vote of the
               membership of each house of the Legislature to pass legislation requiring counties and
               municipalities to spend funds, limiting their ability to raise revenue, or reducing the
               percentage of a state tax shared with them. This bill does not require counties or
               municipalities to spend funds, limit their authority to raise revenue, or reduce the
               percentage of a state tax shared with them as specified in Article VII, section 18 of the
               Florida Constitution. Therefore, the provisions of Article VII, section 18 of the Florida
               Constitution do not apply.

      B.       Public Records/Open Meetings Issues:

               None.

      C.       Trust Funds Restrictions:

               None.

      D.       State Tax or Fee Increases:

               The bill does not create or raise a state tax or fee. Therefore, the requirements of Art. VII,
               s. 19 of the Florida Constitution do not apply.

      E.       Other Constitutional Issues:

               None.

V.    Fiscal Impact Statement:

      A.       Tax/Fee Issues:

               None.

      B.       Private Sector Impact:

               The owners of minor league baseball teams could potentially see a savings in paid
               salaries to players.

      C.       Government Sector Impact:

               None.

VI.   Technical Deficiencies:

      None.
 BILL: SB 892                                                                                                                         Page 6

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill is intended to clarify section 448.110 of the Florida Statutes.

 IX.    Additional Information:

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

                 None.

        B.       Amendments:

                 None.

         This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
       Florida Senate - 2023                                         SB 892



       By Senator Martin




       33-01071A-23                                               2023892__
1                              A bill to be entitled
2           An act relating to the state minimum wage; amending s.
3           448.110, F.S.; specifying that individuals entitled to
4           receive the federal minimum wage under the Federal
5           Fair Labor Standards Act, as amended, are eligible to
6           receive the state minimum wage; deleting obsolete
7           language; providing construction; providing an
8           effective date.
9
10     Be It Enacted by the Legislature of the State of Florida:
11
12          Section 1. Subsection (3) of section 448.110, Florida
13     Statutes, is amended to read:
14          448.110 State minimum wage; annual wage adjustment;
15     enforcement.—
16          (3) Effective May 2, 2005, Employers shall pay employees a
17     minimum wage at an hourly rate of $6.15 for all hours worked in
18     Florida. Only those individuals entitled to receive the federal
19     minimum wage under the federal Fair Labor Standards Act, as
20     amended, and its implementing regulations shall be eligible to
21     receive the state minimum wage pursuant to s. 24, Art. X of the
22     State Constitution and this section. The provisions of ss. 213
23     and 214 of the federal Fair Labor Standards Act, as interpreted
24     by applicable federal regulations and implemented by the
25     Secretary of Labor, are incorporated herein.
26          Section 2. The change to s. 448.110, Florida Statutes, made
27     by this act is intended to clarify existing law.
28          Section 3. This act shall take effect upon becoming a law.



                                   Page 1 of 1
     CODING: Words stricken are deletions; words underlined are additions.
                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

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

BILL:           CS/SB 136
INTRODUCER:     Commerce and Tourism Committee and Senator Gruters
SUBJECT:        Florida Kratom Consumer Protection Act
DATE:           March 7, 2023                   REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. McMillan                         McKay                                CM               Fav/CS
2.                                                                       AEG
3.                                                                        FP



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




  I.    Summary:

        CS/SB 136 creates the Florida Kratom Consumer Protection Act, and provides that a processor,
        which is a person who sells, prepares, manufactures, distributes, or maintains kratom products,
        may not sell, prepare, or distribute a kratom product that:
         Is adulterated to such a degree that it may injure a consumer;
         Contains a poisonous or otherwise harmful non-kratom ingredient;
         Contains a level of 7-hydroxymitragynine in the alkaloid fraction which is greater than 1
           percent of the alkaloid composition of the product;
         Contains a synthetic alkaloid;
         Does not include directions for the safe and effective use of the product; or
         Has a label that contains any claim that the product is intended to diagnose, treat, cure, or
           prevent any medical condition or disease.

        The bill establishes that a processor may not sell, prepare, or distribute kratom extract that
        contains levels of residual solvents higher than the standards set forth in United States
        Pharmacopeia and the National Formulary (USP-NF) chapter 467. Additionally, a processor may
        not distribute, sell, or expose for sale a kratom product to an individual under 21 years of age.

        The bill requires a processor to annually register any kratom product it intends to sell with the
        Department of Agriculture and Consumer Services (DACS), and keep its registration up to date.
        Additionally, a processor who receives notice of an adverse event related to its kratom product,
BILL: CS/SB 136                                                                                                     Page 2

          must submit a copy of the adverse event to the DACS. A processor who violates requirements
          related to product standards, registration, or reporting is subject to an administrative fine.

          The DACS may revoke the product registration of a processor who fails to timely provide an
          updated product registration, or fails to report an adverse event, and the DACS is required to
          adopt rules to administer the provisions of the Act.

          The bill takes effect July 1, 2023.

    II.   Present Situation:

          Kratom

          Kratom is a tropical tree native to Southeast Asia that contains mitragynine and 7-
          hydroxymytragynine in its leaves, which are two major psychoactive ingredients.1 The leaves are
          crushed and then smoked, brewed with tea, or placed into gel capsules.2 Consumption of kratom
          leaves can produce stimulant and sedative effects, and may also lead to psychotic symptoms. 3

          Some research finds that kratom can be used as a substitute for opiate users to combat
          withdrawal symptoms, as well as to treat muscle ache, fatigue, and other conditions.4 Low doses
          of kratom are said to produce a stimulant effect, while higher doses may produce an opioid-like
          effect.5 Additionally, research points to the potential for further development of mitragynine and
          the use of kratom as a harm reduction agent.6 Even so, the toxicity of kratom remains a topic of
          discussion, as well as its potential to cause herb-drug interactions and even be involved in
          fatalities.7

          Currently, kratom is not listed as a controlled substance under federal law or Florida law.
          However, in 2014, Sarasota County banned kratom, labeling it as a designer drug.8 With the
          exception of Sarasota County, in Florida, all parts of the plant and its extracts are legal to
          cultivate, buy, possess, and distribute without a license or prescription. Kratom is illegal in




1
  Drug Enforcement Administration, Kratom (April 2020), available at https://www.dea.gov/sites/default/files/2020-
06/Kratom-2020_0.pdf (last visited March 7, 2023).
2
  Id.
3
  Id.
4
  See Dimy Fluyau and Neelambika Revedigar, Biochemical Benefits, Diagnosis, and Clinical Risks Evaluation of Kratom,
Frontiers in Psychiatry Journal Volume 8 (April 24, 2017) available at
https://www.frontiersin.org/articles/10.3389/fpsyt.2017.00062/full (last visited March 7, 2023).
5
  Id.
6
  See Charles Veltri and Oliver Grundmann, Current Perspectives on the Impact of Kratom Use. Substance Abuse and
Rehabilitation Journal Volume 10 23-31 (July 1, 2019) available at https://pubmed.ncbi.nlm.nih.gov/31308789/ (last visited
March 7, 2023).
7
  Id. See also Drugs Identified in Deceased Persons by Florida Medical Examiners, FDLE (May 2022), available at
https://www.fdle.state.fl.us/MEC/Publications-and-Forms/Documents/Drugs-in-Deceased-Persons/2021-Interim-Drug-
Report-FINAL.aspx (last visited March 7, 2023). In May of 2022 the Florida Department of Law Enforcement published its
2021 Interim Report, which found a 36% rise in kratom-involved deaths over the first half of 2021.
8
  See Sarasota, FL., Code of Ordinances, Sec. 62-351 (2014).
BILL: CS/SB 136                                                                                                     Page 3

        Alabama,9 Arkansas,10 Indiana,11 Rhode Island,12 Vermont,13 and Wisconsin.14 In 12 other states
        the possession, sale, manufacture, and distribution of kratom products is regulated.15

        Following an updated import alert that provides information to U.S. Food and Drug
        Administration (FDA) field staff about detaining without physical examination imported dietary
        supplements and bulk dietary ingredients that are or contain kratom,16 in May of 2021, the FDA
        announced the seizure of around 37,500 tons of adulterated kratom in Florida, worth an
        estimated $1.3 million.17 The FDA’s Associate Commissioner for Regulatory Affairs stated that
        there is substantial concern regarding the safety of kratom and the risk it may pose to public
        health, and indicated that there are currently no FDA-approved uses for kratom.18

        The U.S. Department of Justice, on behalf of the FDA, filed a complaint in the U.S. District
        Court for the Middle District of Florida alleging that kratom is a new dietary ingredient for
        which there is inadequate information to provide reasonable assurance that it does not present a
        significant or unreasonable risk of illness or injury.19 Additionally, the FDA stated that dietary
        supplements and bulk dietary ingredients that are or contain kratom are adulterated under the
        Federal Food, Drug, and Cosmetic Act.20 On October 26, 2021, a consent decree of
        condemnation and destruction against the articles seized by the FDA in May of 2021 was
        entered, which requires the claimants to pay a penal bond and destroy all seized articles.21

        The Department of Agriculture and Consumer Services

        The Department of Agriculture and Consumer Services (department) safeguards the public and
        supports Florida’s agricultural economy by ensuring the safety and wholesomeness of food and


9
  See Alabama Public Health, Controlled Substance List (Jan. 20, 2021), available at
https://www.alabamapublichealth.gov/blog/assets/controlledsubstanceslist.pdf (last visited March 7, 2023).
10
   See Arkansas Department of Health, List of Controlled Substances, available at
http://secureservercdn.net/166.62.109.105/e17.085.myftpupload.com/wp-content/uploads/2016/02/arkansas-
controlled_substances_list.pdf (last visited March 7, 2023).
11
   See IC 35-31.5-2-321.
12
   See Rhode Island Dept. of Health, Notice of Designation of Controlled Substance (May 31, 2017), available at
https://docs.wixstatic.com/ugd/9ba5da_9836aee2b9f04a30b55fe480fe3c6ff4.pdf. (last visited March 7, 2023).
13
   See Vt. Admin. Code 12-5-23:4.0.
14
   See W.S.A. 961.14.
15
   See Regulation of Kratom in America: Update (September 2022), available at Kratom Fact Sheet (legislativeanalysis.org)
(last visited March 7, 2023).
16
   The import alert labels kratom as an adultering ingredient. See Food and Drug Administration, Import Alert 54-15, Import
Alert 54-15 (fda.gov) (last visited March 3, 2023) The FDA labeled kratom as adulterating based on the absence of a history
of use or other evidence of safety establishing that kratom will reasonably be expected to be safe as a dietary ingredient,
kratom and kratom-containing dietary supplements and bulk dietary ingredients are adulterated because they contain a new
dietary ingredient for which there is inadequate information to provide reasonable assurance that such ingredient does not
present a significant or unreasonable risk of illness or injury.
17
   U.S. Food and Drug Administration, FDA Announces Seizure of Adulterated Dietary Supplements Containing Kratom
(May 21, 2021), available at https://www.fda.gov/news-events/press-announcements/fda-announces-seizure-adulterated-
dietary-supplements-containing-kratom (last visited March 7, 2023).
18
   Id.
19
   Id.
20
   Id.
21
   Id.
BILL: CS/SB 136                                                                                                    Page 4

        other consumer products through inspection and testing programs.22 In particular, the Division of
        Food Safety (division) is responsible for assuring Floridians have a safe and properly represented
        food supply.23

        Florida Food Safety Act
        The division regulates food products under the Florida Food Safety Act (FFSA), which includes
        articles used for food or drink for human consumption, as well as dietary supplements.24 Under
        the FFSA, individuals may not sell food that is adulterated, adulterate food, or receive food in
        commerce that is adulterated or misbranded.25

        The following are examples of when food is deemed adulterated:
         Food that bears or contains any poisonous or deleterious substance which may render it
           injurious to health;
         Food that bears or contains any added poisonous or added deleterious substance; a food
           additive; or a color additive, which is unsafe;
         Food that is or bears or contains any food additive which is unsafe;
         Food whose container is composed, in whole or in part, of any poisonous or deleterious
           substance;
         Food where any substance has been substituted wholly or in part therefor;
         Food where damage or inferiority has been concealed in any manner; and
         A dietary supplement or its ingredients that present a significant risk of illness or injury due
           to certain labeling and ingredient requirements.26

        If a food is offered for sale and its label or labeling does not comply with the requirements of 21
        U.S.C. s. 343(r) pertaining to nutritional content claims and health claims, it is considered to be
        misbranded. Labels for supplements may not claim to diagnose, mitigate, treat, cure, or prevent a
        specific disease or class of diseases.27

        The DACS may take the following actions:
         Inspect food that may be adulterated or misbranded;28
         Seize food that is adulterated or misbranded;29
         Suspend permits of those who sell food that is adulterated or misbranded, adulterate or
           misbrand food, or receive food in commerce that is adulterated or misbranded;30 and



22
   See The Florida Department of Agriculture and Consumer Services, About Us, available at About Us / Home - Florida
Department of Agriculture & Consumer Services (fdacs.gov) (last visited March 7, 2023).
23
   See The Florida Department of Agriculture and Consumer Services, Division of Food Safety, available at Food Safety /
Divisions & Offices / Home - Florida Department of Agriculture & Consumer Services (fdacs.gov) (last visited March 7,
2023).
24
   See ch. 500, F.S.
25
   Section 500.04, F.S. These prohibitions are similar to Federal law. See also 21 U.S.C. 331.
26
   Section 500.10, F.S.
27
   Section 500.11(1)(n), F.S.; See also 21 U.S.C. s. 343 (r)(6)(C).
28
   Section 500.147(1), F.S.
29
   Section 500.173, F.S.
30
   Section 500.12(4), F.S.
BILL: CS/SB 136                                                                                                        Page 5

            Impose a fine for adulterated or misbranded food, not to exceed $5,00031 per violation.32

III.     Effect of Proposed Changes:

         The bill creates the Florida Kratom Consumer Protection Act in s. 501.9745, F.S., and
         establishes the following definitions:
          “Kratom extract” means a food product or dietary ingredient that contains any part of the leaf
             of the plant Mitragyna speciose which has been extracted and concentrated to provide more
             standardized dosing;
          “Kratom product” means a food product, food ingredient, dietary ingredient, dietary
             supplement, or beverage intended for human consumption which contains any part of the leaf
             of the plant Mitragyna speciose or an extract of such plant and is manufactured as a powder,
             capsule, pill, beverage, or other edible form; and
          “Processor” means a person who sells, prepares, manufactures, distributes, or maintains
             kratom products.

         The bill provides that a processor may not sell, prepare, distribute, or expose for sale a kratom
         product that:
          Is adulterated with a dangerous non-kratom substance that affects the quality or strength of
            the kratom product to such a degree that it may injure a consumer;
          Contains a poisonous or otherwise harmful non-kratom ingredient, including, but not limited
            to, any substance listed in s. 893.03, F.S.;
          Contains a level of 7-hydroxymitragynine in the alkaloid fraction which is greater than 1
            percent of the alkaloid composition of the product;
          Contains a synthetic alkaloid, including, but not limited to, synthetic mitragynine, synthetic
            7-hydroxymitragynine, or any other synthetically derived compound of the plant Mitragyna
            speciose;
          Does not include directions for the safe and effective use of the product, including, but not
            limited to, a suggested serving size, on the product’s packaging or label; or
          Has a label that contains any claim that the product is intended to diagnose, treat, cure, or
            prevent any medical condition or disease.

         The bill establishes that a processor may not sell, prepare, distribute, or expose for sale kratom
         extract that contains levels of residual solvents higher than the standards set forth in USP-NF33
         chapter 467.34 Additionally, a processor may not distribute, sell, or expose for sale a kratom
         product to an individual under 21 years of age.
31
   Section 570.971(1)(b), F.S.
32
   Section 500.121, F.S.
33
   The United States Pharmacopeia (USP) and the National Formulary (NF) contains standards for medicines, dosage forms,
drug substances, excipients, biologics, compounded preparations, medical devices, dietary supplements, and other
therapeutics. The current version of USP-NF standards deemed official by USP are enforceable by the U.S. Food and Drug
Administration for medicines manufactured and marketed in the United States.
34
   Residual solvents in pharmaceuticals are defined as organic volatile chemicals that are used or produced in the manufacture
of drug substances or excipients, or in the preparation of drug products. The residual solvents are not completely removed by
practical manufacturing techniques. Drug products should contain no higher levels of residual solvents than can be supported
by safety data. Solvents that are known to cause unacceptable toxicities, “Class 1,” should be avoided in the production of
drug substances, excipients, or drug products unless their use can be strongly justified in a risk-benefit assessment. Solvents
associated with less severe toxicity, “Class 2,” should be limited in order to protect patients from potential adverse effects.
BILL: CS/SB 136                                                                                                         Page 6


         The bill requires a processor to annually register with the Department of Agriculture and
         Consumer Services (DACS) any kratom product it intends to sell, which must include a
         certificate of analysis from an independent certified third-party laboratory.

         The bill requires the DACS to have a processor produce an updated certificate of analysis if the
         DACS receives a report that any kratom product offered for sale in Florida is not in compliance
         with the requirements in the Florida Kratom Consumer Protection Act. Additionally, if a
         processor receives notice of an adverse event related to its kratom product, the processor must
         submit a copy of the adverse event to the DACS.35

         The bill authorizes the DACS to revoke a processor’s kratom product registration if the processor
         fails to keep their registration up to date within the specified timeframe or fails to report an
         adverse event.

         The bill provides that a processor who violates the kratom product standards provisions is subject
         to an administrative fine of not more than $500 for the first offense and not more than $1000 for
         the second or subsequent offense. However, a processor selling kratom products at retail does not
         violate the kratom product standards provisions if it is shown by a preponderance of the evidence
         that the processor relied in good faith upon the representations of a manufacturer, processor,
         packer, or distributor of the kratom product.

         The DACS is required to adopt rules to administer s. 501.9745, F.S.

         The bill takes effect July 1, 2023.

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.

Less toxic solvents, “Class 3,” should be used where practical. See The United States Pharmacopeia and the National
Formulary, Residual Solvents, available at
https://www.uspnf.com/sites/default/files/usp_pdf/EN/USPNF/generalChapter467Current.pdf (last visited March 7, 2023).
35
   The bill provides that the copy of the adverse event must be sent via certified mail and follow the reporting requirements
under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. s. 379aa-1 (b)(1).
 BILL: CS/SB 136                                                                                                Page 7

        E.      Other Constitutional Issues:

                None Identified.

  V.    Fiscal Impact Statement:

        A.      Tax/Fee Issues:

                None.

        B.      Private Sector Impact:

                Processors of kratom products will be required to adhere to the regulations set forth in the
                Florida Kratom Consumer Protection Act, which may benefit consumers.

        C.      Government Sector Impact:

                There will potentially be an increase in administrative fines collected by the DACS.
                Additionally, the DACS will likely see an increase in regulatory costs.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        The bill does not provide enforcement authority relating to the age restriction.

VIII.   Statutes Affected:

        This bill creates section 501.9745 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 March 6, 2023:
                The committee substitute makes the following changes:
                 Provides that a processor may not sell, prepare, or distribute, a kratom product that
                   contains a level 7-hydroxymitragynine in the alkaloid fraction which is greater than 1
                   percent of the alkaloid composition of the product;
                 Requires a processor to annually register any kratom product it intends to offer for
                   sale with the Department of Agriculture and Consumer Services (DACS), which must
                   include a certificate of analysis from an independent certified third-party laboratory;
                 Provides that a processor must update its registration if the DACS receives a report
                   that any kratom product is not in compliance with the registration requirement;
                 Establishes that a processor who receives notice of an adverse event related to its
                   kratom product, must submit a copy of the adverse event to the DACS;
BILL: CS/SB 136                                                                                                                     Page 8

                   Provides that the DACS may revoke a processor’s kratom product registration under
                    certain circumstances; and
                   Requires the DACS to adopt rules.

      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 - 2023                         COMMITTEE AMENDMENT         Florida Senate - 2023                           COMMITTEE AMENDMENT
     Bill No. SB 136                                                           Bill No. SB 136




                             Ì1966527Î196652                                                             Ì1966527Î196652


                             LEGISLATIVE ACTION                           11       (2) DEFINITIONS.—As used in this section, the term:
           Senate                       .                 House           12       (a) “Kratom extract” means a food product or dietary
          Comm: RCS                     .                                 13   ingredient that contains any part of the leaf of the plant
         03/07/2023                     .                                 14   Mitragyna speciosa which has been extracted and concentrated to
                                        .                                 15   provide more standardized dosing.
                                        .                                 16       (b) “Kratom product” means a food product, food ingredient,
                                        .                                 17   dietary ingredient, dietary supplement, or beverage intended for
                                                                          18   human consumption which contains any part of the leaf of the
                                                                          19   plant Mitragyna speciosa or an extract of such plant and is
                                                                          20   manufactured as a powder, capsule, pill, or beverage or any
                                                                          21   other edible form.
                                                                          22       (c) “Processor” means a person who sells, prepares,
                                                                          23   manufactures, distributes, or maintains kratom products.
                                                                          24       (3) PROHIBITIONS.—
                                                                          25       (a) A processor may not sell, prepare, distribute, or
     The Committee on Commerce and Tourism (Gruters) recommended the      26   expose for sale:
     following:                                                           27       1. A kratom product that:
                                                                          28       a. Is adulterated with a dangerous non-kratom substance
1        Senate Amendment (with title amendment)                          29   that affects the quality or strength of the kratom product to
2                                                                         30   such a degree that it may injure a consumer.
3        Delete everything after the enacting clause                      31       b. Contains a poisonous or otherwise harmful non-kratom
4    and insert:                                                          32   ingredient, including, but not limited to, any substance listed
5        Section 1. Section 501.9745, Florida Statutes, is created        33   in s. 893.03.
6    to read:                                                             34       c. Contains a level of 7-hydroxymitragynine in the alkaloid
7        501.9745 Kratom products; processor prohibitions;                35   fraction which is greater than 1 percent of the alkaloid
8    registration; fines.—                                                36   composition of the product.
9        (1) SHORT TITLE.—This section may be cited as the “Florida       37       d. Contains a synthetic alkaloid, including, but not
10   Kratom Consumer Protection Act.”                                     38   limited to, synthetic mitragynine, synthetic 7-
                                                                          39   hydroxymitragynine, or any other synthetically derived compound

                                Page 1 of 5                                                                  Page 2 of 5
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     Florida Senate - 2023                         COMMITTEE AMENDMENT         Florida Senate - 2023                           COMMITTEE AMENDMENT
     Bill No. SB 136                                                           Bill No. SB 136




                             Ì1966527Î196652                                                             Ì1966527Î196652


40   of the plant Mitragyna speciosa.                                     69   certified mail to the department a copy of the adverse event
41       e. Does not include directions for the safe and effective        70   report required to be submitted to the United States Food and
42   use of the product, including, but not limited to, a suggested       71   Drug Administration under the Federal Food, Drug, and Cosmetic
43   serving size, on the product’s packaging or label.                   72   Act, 21 U.S.C. s. 379aa-1(b)(1).
44       f. Has a label that contains any claim that the product is       73       (c) If a processor fails to provide the department with an
45   intended to diagnose, treat, cure, or prevent any medical            74   updated certificate of analysis within the specified timeframe
46   condition or disease.                                                75   or fails to report an adverse event to the department as
47       2. Kratom extract that contains levels of residual solvents      76   required by this subsection, the department may revoke the
48   higher than the standards set forth in USP-NF chapter 467.           77   processor’s kratom product registration.
49       (b) A processor may not sell, distribute, or expose for          78       (6) VIOLATIONS.—
50   sale a kratom product to an individual under 21 years of age.        79       (a) A processor who violates paragraph (3)(a), subsection
51       (4) REGISTRATION.—A processor shall annually register with       80   (4), or subsection (5) is subject to an administrative fine of
52   the department any kratom product it intendeds to offer for sale     81   not more than $500 for the first offense and not more than
53   to an end consumer in this state which is in an approved kratom      82   $1,000 for the second or subsequent offense.
54   delivery form. The registration must include a certificate of        83       (b) A processor that sells kratom products at retail does
55   analysis from an independent certified third-party laboratory        84   not violate this section if it is shown by a preponderance of
56   which shows that the kratom product is in compliance with the        85   the evidence that the processor relied in good faith upon the
57   requirements of this section for safe kratom products.               86   representations of a manufacturer, processor, packer, or
58       (5) REPORTING REQUIREMENTS.—                                     87   distributor of food represented to be a kratom product.
59       (a) If the department receives a report that any kratom          88       (7) RULES.—The department shall adopt rules to administer
60   product offered for sale in this state is not in compliance with     89   this section.
61   the requirements of this section for safe kratom products, the       90       Section 2. This act shall take effect July 1, 2023.
62   department must require the processor to produce an updated          91
63   certificate of analysis in a reasonable timeframe from an            92   ================= T I T L E    A M E N D M E N T ================
64   independent certified third-party laboratory which shows that        93   And the title is amended as follows:
65   the kratom product is in compliance with the requirements of         94       Delete everything before the enacting clause
66   this section for safe kratom products.                               95   and insert:
67       (b) If a processor receives notice of an adverse event           96                           A bill to be entitled
68   related to its kratom product, the processor must submit via         97       An act relating to the Florida Kratom Consumer

                                Page 3 of 5                                                                  Page 4 of 5
     3/3/2023 2:07:40 PM                                  577-02193B-23        3/3/2023 2:07:40 PM                                   577-02193B-23
      Florida Senate - 2023                        COMMITTEE AMENDMENT
      Bill No. SB 136




                              Ì1966527Î196652


98        Protection Act; creating s. 501.9745, F.S.; providing
99        a short title; defining terms; prohibiting processors
100       from selling, preparing, distributing, or exposing for
101       sale certain kratom products; prohibiting processors
102       from distributing, selling, or exposing for sale a
103       kratom product to an individual under 21 years of age;
104       requiring processors to annually register kratom
105       products with the Department of Agriculture and
106       Consumer Services; providing requirements for such
107       registration; requiring processors to report certain
108       violations and adverse events to the department;
109       providing for the revocation of a processor’s kratom
110       product registration under certain circumstances;
111       providing civil penalties; providing an exception;
112       requiring the department to adopt rules; providing an
113       effective date.




                                Page 5 of 5
      3/3/2023 2:07:40 PM                                   577-02193B-23
       Florida Senate - 2023                                         SB 136          Florida Senate - 2023                                          SB 136



       By Senator Gruters




       22-00189-23                                               2023136__           22-00189-23                                                  2023136__
1                              A bill to be entitled                          30     other edible form.
2           An act relating to the Florida Kratom Consumer                    31            (c) “Processor” means a person who sells, prepares,
3           Protection Act; creating s. 501.9745, F.S.; providing             32     manufactures, distributes, or maintains kratom products.
4           a short title; defining terms; prohibiting processors             33            (3) A processor may not sell, prepare, distribute, or
5           from selling, preparing, distributing, or exposing for            34     expose for sale:
6           sale certain kratom products; prohibiting processors              35            (a) A kratom product that:
7           from distributing, selling, or exposing for sale a                36            1. Is adulterated with a dangerous non-kratom substance
8           kratom product to an individual under 21 years of age;            37     that affects the quality or strength of the kratom product to
9           providing civil penalties; providing an exception;                38     such a degree that it may injure a consumer.
10          requiring the Department of Agriculture and Consumer              39            2. Contains a poisonous or otherwise harmful non-kratom
11          Services to adopt rules; providing an effective date.             40     ingredient, including, but not limited to, any substance listed
12                                                                            41     in s. 893.03.
13     Be It Enacted by the Legislature of the State of Florida:              42            3. Contains a level of 7-hydroxymitragynine in the alkaloid
14                                                                            43     fraction which is greater than 2 percent of the alkaloid
15          Section 1. Section 501.9745, Florida Statutes, is created         44     composition of the product.
16     to read:                                                               45            4. Contains a synthetic alkaloid, including, but not
17          501.9745 Kratom products; processor prohibitions; fines.—         46     limited to, synthetic mitragynine, synthetic 7-
18          (1) This section may be cited as the “Florida Kratom              47     hydroxymitragynine, or any other synthetically derived compound
19     Consumer Protection Act.”                                              48     of the plant Mitragyna speciosa.
20          (2) As used in this section, the term:                            49            5. Does not include directions for the safe and effective
21          (a) “Kratom extract” means a food product or dietary              50     use of the product, including, but not limited to, a suggested
22     ingredient that contains any part of the leaf of the plant             51     serving size, on the product’s packaging or label.
23     Mitragyna speciosa which has been extracted and concentrated to        52            6. Has a label that contains any claim that the product is
24     provide more standardized dosing.                                      53     intended to diagnose, treat, cure, or prevent any medical
25          (b) “Kratom product” means a food product, food ingredient,       54     condition or disease.
26     dietary ingredient, dietary supplement, or beverage intended for       55            (b) Kratom extract that contains levels of residual
27     human consumption which contains any part of the leaf of the           56     solvents higher than the standards set forth in USP-NF chapter
28     plant Mitragyna speciosa or an extract of such plant and is            57     467.
29     manufactured as a powder, capsule, pill, or beverage or any            58            (4) A processor may not sell, distribute, or expose for

                                   Page 1 of 3                                                                     Page 2 of 3
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2023                                        SB 136




       22-00189-23                                                2023136__
59     sale a kratom product to an individual under 21 years of age.
60          (5) A processor who violates subsection (3) is subject to
61     an administrative fine of not more than $500 for the first
62     offense and not more than $1,000 for the second or subsequent
63     offense. A processor selling kratom products at retail does not
64     violate subsection (3) if it is shown by a preponderance of the
65     evidence that the processor relied in good faith upon the
66     representations of a manufacturer, processor, packer, or
67     distributor of the kratom product.
68          (6) The Department of Agriculture and Consumer Services
69     shall adopt rules to administer and enforce this section.
70          Section 2. This act shall take effect July 1, 2023.




                                  Page 3 of 3
     CODING: Words stricken are deletions; words underlined are additions.
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Cxt r-rtzYLY q fcrrrasnn                                             Senate professional staff conducting the meeting

                     Committee                                                                                                    Amendment Barcode (if applicable)


Name
                                    -Jdy'V'SD^                                                             Phone
                                                                                                                        5)\- \ ).cD
Address \           QS                                              <rr                                    Email C
           Street


            {al,to,w,"ss4q- ?\:-                                              ?a-pl
           ary                                        St0te                           Zip




              Speaking: I           ror I          Against I         lnformation OR                    Waive Speaking:     Q"Kupport I           Against



                                                                   PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                                  a registered lobbyist,                            I am not a lobbyist, but received
       compensation or sponsorship.
                                                                     lV^ representrng:                                          something ofvalue for my appearance
                                                                                                                                (travel, meals, lodging, etc.),

                                                                   Fw CI/Arn \OzY *                                             sponsored by:

                                                                                     C1or,trry:.p)r(A,


This form is part of the public record for this meeting.                                                                                                5-001 (o8/1O/2O21)




                                                                               The Florida Senate

        ) lv l7b
    - ! Mteting Date                                               APPEARANCE RECORD
                                                                            Deliver both copies of this form to
                                                                                                                              sh 84,1     Bill Number orTopic

(omrno,rt. e     1ut (tsw\                                           Senate professional staff conducting the meeting

                     Committee                                                                                                    Amendment Barcode (if applicable)


Name              Viu+rrKit,, P n 4                        L                                               Phone           8sD -3gA -4 rr3

Address       14    l-E N. Brurr ouai Sh<,e+                                                               Email           \l od os (A chpY " Lowr
           Street                                              J
          Tqllahaseee ?L                                                           323o a
           City                                       Stote                           Zip




              Speaking: !            ror !         Against !         Information OR                    waiveSpeaking         ln Support    I     Against



                                                                   PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                              lam a registered lobbyist,                             I am not a lobbyist, but received
       compensation or sponsorship.                                       representing:                                          something ofvalue for my appearance
                                                                                                                                 (travel, meals, lodging. etc.),
                                                                                                                                 sponsored by:




This form is part of the public record for this   meeting.                                                                                               S-gOt (Og/tO/2021)
                                                                           The Florida Senate
   o l0 lnTb                                                                                                                      a++
                                                                APPEARANCE RECORD
                       Meeting Date                                                                                                      Bill Number orTopic
                                                                         Deliver both copies of this form to
C,I rvrn0v ce + Towvtc, t4                                        Senate professional staff conducting the meeting

                        Committee                                                                                                 Amendment Barcode (if applicable)


Name         ertn bnllns                                                                                Phone
                                                                                                                     0so lLg v3,1
           -130
Address                 e . Pav ? Av c                                                                   Email Wi                                                     Lo
           Street


          tnlb"VnS(ce F>
           City                                       State
                                                                                ?7701
                                                                                   Zip




              Speaking: E ror !                    Rgainst !      lnformation            OR waive speakins: X,n rrooon I Against
                                                                PLEASE CHECKONE OFTHE FOLLOWING:

      lam appearing without
      compensation or sponsorship.                               w     lam a registered lobbyist,
                                                                       representing:
                                                                                                                                I am not a lobbyist, but received
                                                                                                                                something of value for my appearance
                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                sponsored by:
                                                                  W,lhNwta,vY


This form is part of the public record for this meeting.                                                                                                s-001 (08/10/2021)




                                                                                                                                                             DTJPLICATE
                                                                            The Florida Senate
   March 6,2023                                                 APPEARANCE RECORD                                         844
                         Meeting Date                                                                                                  Bill Number orTopic
                                                                         Deliver both copies of this form to
   Commerce and Tourism                                           Senate professional staff conducting the meeting

                          Committee                                                                                             Amendment Barcode (if applicable)

              Dale Calhoun                                                                              Phone
                                                                                                                 8506810496
   Name


   Address 201 S Monroe St Unit                            A                                            Emai   , dale.calhoun@floridagas.org
              Street


              Tallahassee                                  FL                      32301
              City                                     State                       Zip




                    Speaking:     ffi ro, F ngainst ffl tnformation OR                              waive speaking:    |[ ln support [lAgainst
                                                                PLEASE CHECKONE OFTHE FOLLOWING:

          lam appearing without
    Itr- compensation or sponsorship.                            W representing:
                                                                    am registered lobbyist,
                                                                       I    a
                                                                                                                          lE   I am not a lobbyist but received
                                                                                                                               something of value for my appearance
                                                                                                                               (travel, meals, lodging. etc.),
                                                                 Florida Natural Gas Association                               sponsored by:




   This form is part ofthe public record forthis   meeting.                                                                                          5-001 (08/10/2021)
                                                                               The Florida Senate
                      L
                    Meeting Date
                                                                 APPEARANCE RECORD                                                   B++  Bill t',lrrb-.-rropl.
                                                                          Deliver both copies of this form to
         11            Fzr
       &v,1&                          \''l-                        Senate professional staff conducting the meeting

                     Committee                                                                                                    Amendment Barcode (if applicable)


Name                                                                                                       Phone


Address                                                                                                    Email
           Street


                                                     t-
           City                                       State                          Zip




              Speaking: !              for    fi"^u I lnformation OR                                 Waive Speaking:   I   ln Support      I     Against



                                                                 PLEASE CHECKONE OFTHE FOLLOWING:

      lam appearing without                                              -t'
                                                                           a registered lobbyist,
                                                                  L_{"representrng:                                        l-l tam not a lobbyist, but received
      compensation or sponsorship.                                                                                         'J something of value for my appearance
                                                                                                                                (travel, meals, lodging, etc.),


                                              --9tLp*)A Atn F,ne\v
                                                                                                                                sponsored by:




This form is part of the public record forthis meeting.                                                                                                   s-001 (08/10/2021)




                                                                               The Florida Senate
         3- {-25                                                 APPEARANCE RECORD                                             8qz
                    Meeting Date                                                                                                          Bill Number orTopic
                                                                           Deliver both copies of this form to
g 3a,?P                1.
                                                                   Senate professional staff conducting the meeting

                     Committee                                                                                                    Amendment Barcode (if applicable)


Name          5 A m<,, i                      Trtql f                                                      Phone      4at - qsJ '-Artru
Address
              j S o1                      // v/             Zr
                                                                  d hr                                     Email
           Street
                                 tl
           (,n,                                           i: t                    s / (o
            City                                      State                          Zip




               Speaking: I             for      Against I          lnformation OR                    Waive Speaking:   I   tn Support      !    Against



                                                                 PLEASE CHECK ONE OFTHE FOLLOWING:

                                                                                                                                  an not a lobbyist, but received
                                                                                                                           /-2'i something of value for my appearance
       lam appearing without                                            lam a registered lobbyist,
       compensation or sponsorship.                                     representing:
                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                sponsored by:
                                                                                                                                    i .)-
                                                                                                                                   _ ?j          ttr !,.-( (,.->
                                                                                                                                                 t.-        - c



This form is part of the public record for this meeting.                                                                                                  s-001 (08/10/2021)
                                                                                The Florida Senate

                                                                 APPEARANCE RECORD
                             Date                                                                                                                  Number orTopic
                                                                             Deliver both copies of this form to

                                           5m                         Senate professional staff conducting the meeting

                     Committee                                                                                                         Amendment Barcode (if applicable)


Name                                                                                                          Phone
                                                                                                                         gqa T)q 6ll t'
Address                                                          Sr-                                          Email      A r ar-ru,\\ A0QUf\ ),0 ocq


            City
                                                       fr
                                                       State
                                                                                3Bo\    Zip




               Speaking: I           ror
                                           pou'nu !                    lnformation OR                      Waive Speaking:   I   tn Support    I      Against



                                                                 PLEASE CHECK ONE OFTHE FOLLOWING:

       lam appearing without                                               I am a registered   lobbyist,
                                                                                                                                 T    I am not a lobbyist, but received

       com pensation or sponsorship.
                                                                      Y    representing:                                              something of value for my appearance
                                                                                                                                      (travel, meals, lodging, etc.),


                                                                      P1o I Jflo, -ron
                                                                                                                                      sponsored by:
                                                                                \




This form is part of the public record for this   meeting.                                                                                                      S-OO1 (08/10/2021)




                                                                               The Florida Senate

         >/ 6 /z=                                                APPEARANCE RECORD                                                   S& zq?
                    Meeting Date                                                                                                              Bill Number orTopic
                                                                             Deliver both copies of this form to

           fl)p)ef(<           alA   J       g4r r 9"*                Senate professional staff conducting the meeting

                    Committee                                                                                                         Amendment Barcode (if applicable)


Name                                                   C{        l"                                           Phone                      Z6o             o

Address (                                                                                                     Email
           Street

                                                            t
                                                            l-                       <z8ld
           City
                         ^J                           State                            Zip




              Speaking: I            ror I        Against I           lnformation OR                       Waive Speaking:   I   ln Support           Against



                                                                 PLEASE CHECK ONE OFTHE FOLLOWING:

      lam appearing without                                                I am a registered   lobbyist,                             I am not a lobbyist, but received

      compensation or sponsorship.                                         representing:                                             something ofvalue for my appearance
                                                                                                                                     (travel, meals, lodging, etc.),
                                                                                                                                     sponsored by:




This form is part of the public record for this meeting.                                                                                                     s-001 (08/10/2021)
                                                                           The Florida Senate

             3/ 6 /ze
                    7M..ti6gDate
                                                               APPEARANCE RECORD                                                        89L
--           ,                                                          Deliver both copies of this form to
                                                                                                                                         Bill Number orTopic

                                                                 Senate professional staff conducting the meeting

                      Committee                                                                                                   Amendment Barcode (if applicable)


Name                                                                                                      Phone      %iz-cts-
Address              Cl                                                                                   Email
           Street




           City                                       Stote                        Zip




              Speaking: !            ror !      Against I        lnformation OR                        Waive Speaking:   I   tn suppor't' ffTgainst



                                                               PLEASE CHECK ONE OF THE FOLLOWING:

 w     lam appearing without
       compensation or sponsorship.
                                                                 I     t am a registered
                                                                       representrng:
                                                                                           lobbyist,                             I am not a lobbyist, but received
                                                                                                                                 something of value for my appearance
                                                                                                                                 (travel, meals, lodging, etc.),
                                                                                                                                 sponsored by:




This form is part of the public record for this meeting.                                                                                               s-00r (o8/10/2021)




                                                                                                                                           'i1,
                                                                            The Florida Senate

                                                               APPEARANCE RECORD                                                      6qz
                      Meeting Date                                                                                                       Bill Number orTopic
                                                                        Deliver both copies of this form to
                                                                 Senate professional staff conducting the meeting

                       Committee                                                                                                  Amendment Barcode (if applicable)


Name                                                                                                      Phone
                                                                                                                    JSz-%z -_52*7

Address       Llqa E                                                                                      Email     Io,
           Street


             c ff\                                     Ft-                       3zr r
            City                                       State                       Zip




               Speaking: !           ror f] Against I                lnformation OR                    Waive Speaking:   I   tn Support ffngainst



                                                               PLEASE CHECK ONE OFTHE FOLLOWING:

 d     lam appearing without
       compensati.on or sponsorship.
                                                                       lam a registered lobbyist,
                                                                       representing:
                                                                                                                                 I am not a lobbyist, but received
                                                                                                                                 something of valub for my appearance
                                                                                                                                 (travel, meals, lodging, etc.),
                                                                                                                                 sponsored by:




This form is part of the public record for this meeting.                                                                                                s-001 (08/10/2021)
      7 b- )D)v
                                                                            The Florida Senate

                                                                 APPEARANCE RECORD                                              *,h flqL
                     Meeting Date                                                                                                            Bill Number orTopic
                                                                          Deliver both copies of this form to
                                                                   Senate professional staff conducting the meeting

                         Committee                                                                                                   Amendment Barcode (if applicable)


Name                              &                                                                        Phone      b,63 -btt -vv00
Address        \N:l s wr-h !,+
           Street
                                                                                                           Email                I                        I            n
                     I
            City                                      State                         Zip




               Speaking:          ! ror I Against ! lnformation OR Waive Speaking: I tn Support ffiainst
                                                                 PLEASE CHECK ONE OF THE FOLLOWING:

 ffr. appearing without                                                 I am a registered
                                                                        representing:
                                                                                            lobbyist,                               I am not a lobbyist, but received
                                                                                                                                    something ofvalue for my appearance
 - compensation or sponsorship.                                                                                                     (travel, meals, lodging, etc.),
                                                                                                                                    sponsored by:




This form is part of the public record for this   meeting.                                                                                                   S-OOI (08/10/2021\




                                                                            The Florida Senate

            J*6 "7<                                              APPEARANCE RECORD                                                      $tz
                         Meeting Date                                                                                                        Bill Number orTopic
                                                                          Deliver both copies of this form to
                                                                   Senate professional staff conducting the meeting
      f osln,t rtr"
                          Committee                                                                                                  Amendment Barcode (if applicable)


Name         60a^"l,rn Atrtr                                                                               Phone   ?rq ts 36'-s3,7q
Address 39oq L/v1/                      Llt* Tcc                                                           Email              unlhrez                        /La-tt
            Street

            (;a,*St/ille                            (t                          376a{
            City                                         State                      zip



               Speaking: I              for
                                              ftonu,n,, !
                                                          lnformation OR                                waive Speaking:   !    tn Support          Against



                                                                 PLEASE CHECK ONE OF THE FOLLOWING:

       I am appearing without                                           I am a registered   lobbyist                                I am not a lobbyist, but received

       compensation or sponsorship.                                     representing:                                               something of value for my appearance
                                                                                                                                    (travel, meals, lodging, etc.),
                                                                                                                                    sponsored by:




This form is part of the public record for this meeting.                                                                                                     s-001 (08/10/2021)
                                                                                                   The Florida Senate
        3-G-tr3                                                                     APPEARANCE RECORD
                         Meeting Date                                                                                                                               Bill Number
                                                                                              Deliver both copies of this form to
                                                                                       Senate professional staff conducting the meeting

                     -    Committee                                                                                                                         Amendment Barcode (if applicable)


Name            U,'.k NLnonnt
                         d
                                                                                                                                    Phone   1,+t fsr \c rt
Address              3                                                                                                              Email    I
              Street


                                                                                                          3)6o
              City                                                     State                                   Zip




                  Speaking: I                   for             Against !              lnformation                   OR          Waive Speaking:   !   tn Support    !    Against



                                                                                    PLEASE CHECK ONE OF THE FOLLOWING:

 ffu appearingwithout                                                                        I am a registered       lobbyist,                             I am not a lobbyist, but received
                                                                                                                                                           something of value for my appearance
                                                                                             representing:
 - compensation or sponsorship.                                                                                                                            (travel, meals, lodging, etc.),
                                                                                                                                                           sponsored by:




This form is part of the public record for this meeting.                                                                                                                           s-001 (08/10/2021\




                                CourtSmart Tag Report
Room: SB 401                       Case No.:                               Type:
Caption: Senate Committee on Commerce and Tourism                          Judge:

Started: 3/6/2023 3:32:31 PM
Ends:    3/6/2023 4:16:45 PM Length: 00:44:15

3:32:32 PM    Chair Trumbull calls meeting to order
3:32:39 PM    CAA calls roll
3:32:47 PM    Quorum present
3:33:10 PM    Chair Trumbull in opening comments
3:33:23 PM    Tab 2 SB 844, Sales Tax Exemption for Renewable Natural Gas Machinery and Equipment by Senator
Yarborough
3:33:35 PM    Senator Yarborough explains bill
3:34:42 PM    Questions:
3:34:51 PM    No questions
3:34:54 PM    Dave Cullen, Sierra Club FL speaking in opposition
3:36:52 PM    Dale Calhoun, FL Natural Gas Association, waives in support
3:37:02 PM    Erin Ballas, Brightmark, waives in support
3:37:08 PM    Victoria Price, waives in support
3:37:13 PM    Carolyn Johnson, FL Chamber of Commerce, waives in support
3:37:19 PM    Debate:
3:37:21 PM    No debate
3:37:24 PM    Senator Yarborough closes on bill
3:37:52 PM    Roll Call
3:38:13 PM    SB 844 reported favorably
3:38:33 PM    Tab 4 SB 136 Florida Kratom Consumer Protection Act by Senator Gruters
3:38:43 PM    Senator Gruters on strike all amendment 196652
3:38:51 PM    Senator Gruters explains strike all amendment number 196652
3:39:59 PM    Questions on amendment:
3:40:05 PM    Senator Stewart
3:40:20 PM    Senator Gruters
3:41:06 PM    Senator Stewart
3:41:22 PM    Senator Gruters
3:41:50 PM    Appearance forms on amendment:
3:41:55 PM    Barney Bishop, FL Smart Justice Alliance, waives in support
3:42:01 PM    Debate on Amendment- no debate
3:42:06 PM    Amendment adopted
3:42:11 PM    Back on bill as amended
3:42:15 PM    No questions
3:42:20 PM    No appearance forms
3:42:26 PM    Debate:
3:42:28 PM    Senator Stewart
3:43:12 PM    Senator Gruters closes on bill
3:43:42 PM    Roll call
3:44:00 PM    CS/SB 136 reported favorably
3:44:20 PM    Tab 3 SB 892, State Minimum Wage by Senator Martin
3:44:27 PM    Senator Martin explains bill
3:45:28 PM    Questions:
3:45:29 PM    Senator Torres
3:45:40 PM    Senator Martin
3:45:46 PM    Senator Torres
3:45:49 PM    Senator Martin
3:45:58 PM    Back and forth in questions
3:50:55 PM    Appearance Forms:
3:51:01 PM    Wayne LuKash waives against
3:51:04 PM    Brett Farrell waives in opposition
3:51:08 PM    David Dorey Sr. waives in opposition
3:51:13 PM    Elcazar Balbuena waives in opposition
3:51:18 PM   Brandon Perez waives in opposition                                 4:16:23 PM   Senator Stewart moves to adjourn
3:51:22 PM   James Ingle waives in opposition                                   4:16:37 PM   Meeting adjourned
3:51:26 PM   Nick Mangoni speaks against
3:51:54 PM   Senator Hutson with question
3:52:00 PM   Nick Mangoni speaks against
3:52:31 PM   Aaron Carmella, FL AFL-CIO, speaks against
3:53:53 PM   Debate:
3:54:16 PM   No debate
3:54:19 PM   Senator Martin closes on bill
3:55:51 PM   Roll call
3:56:21 PM   SB 892 reported favorably
3:56:29 PM   Tab 1 SB 214 Sales of Firearms and Ammunition by Senator Burgess
3:56:45 PM   Senator Burgess explains bill
3:57:22 PM   Take up amendment 1 late-filed amendment 307250
3:57:35 PM   Senator Burgess to explain amendment
3:57:47 PM   Chair Trumbull moves to take up substitute amendment 103650
3:57:58 PM   Senator Burgess explains substitute amendment 103650
3:58:44 PM   Questions on substitute amendment:
3:58:49 PM   No questions
3:58:51 PM   Appearance forms:
3:58:54 PM   Isabelle Glarbarino, FDACS, waives in support
3:59:00 PM   Debate on substitute amendment:
3:59:04 PM   No debate
3:59:06 PM   Senator Burgess waives close
3:59:11 PM   Amendment adopted
3:59:27 PM   Amendment 975730 withdrawn
3:59:37 PM   Questions:
3:59:41 PM   Senator Jones
3:59:53 PM   Senator Burgess
4:00:27 PM   Senator Jones
4:00:37 PM   Senator Burgess
4:01:22 PM   Senator Jones
4:01:43 PM   Senator Burgess
4:02:19 PM   Back and forth in questions
4:04:03 PM   Senator Stewart
4:04:19 PM   Senator Burgess
4:04:59 PM   Senator Stewart
4:05:06 PM   Senator Burgess
4:06:22 PM   Chair Trumbull
4:06:46 PM   Senator Burgess
4:07:31 PM   Senator Torres
4:08:07 PM   Senator Burgess
4:08:57 PM   Senator Torres
4:09:16 PM   Chair Trumbull
4:09:22 PM   Senator Torres
4:10:00 PM   Senator Burgess
4:10:37 PM   Senator Torres
4:10:52 PM   Back and forth in questions
4:12:00 PM   Senator Torres moves to temporarily postpone bill
4:12:10 PM   Second by Senator Stewart
4:12:23 PM   Motion not adopted
4:12:28 PM   Back on bill
4:12:34 PM   Appearance forms:
4:12:40 PM   Nancy Lawther, FL PTA, waives in opposition
4:12:45 PM   Isabella Garbarino, FDACS, waives in support
4:12:55 PM   Barney Bishop, FL Smart Justice Alliance, waives in support
4:13:04 PM   Debate:
4:13:13 PM   Senator Torres
4:15:12 PM   Senator Burgess closes on bill
4:15:19 PM   Roll call
4:15:41 PM   CS/SB 214 reported favorably
4:16:07 PM   Senator DiCeglie vote after on SB 136 and SB 844


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