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
Cite this document
“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
Page 1 of 2 Page 2 of 2
3/3/2023 3:41:56 PM 577-02263-23 3/3/2023 3:41:56 PM 577-02263-23
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.
Page 1 of 3 Page 2 of 3
3/6/2023 11:12:35 AM 577-02279-23 3/6/2023 11:12:35 AM 577-02279-23
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.
Page 3 of 3 Page 1 of 4
3/6/2023 11:12:35 AM 577-02279-23 3/6/2023 2:46:07 PM 577-02288-23
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 ================
Page 2 of 4 Page 3 of 4
3/6/2023 2:46:07 PM 577-02288-23 3/6/2023 2:46:07 PM 577-02288-23
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:
Page 1 of 5 Page 2 of 5
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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
Page 3 of 5 Page 4 of 5
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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
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 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.
The Florida Senate
), tu. z3 APPEARANCE RECORD t76
Meeting Date Bill Number orTopic
Deliver both copies of this form to
M.rwurtu Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name tI it Phone 9s'0, s'lD, 9g zz
Address /4,f4 VtLuvX ClLrrL D,z Email b <rtv\
Street
n-
City State Zip
Speaking: I ror ! Against ! Information OR Waive Speaking: p4isupport I Against
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without I Lflu a registered lobbyist,
-'/ I am not a lobbyist, but received
compensation or sponsorship. representrng: something ofvalue for my appearance
h-, f.aaz,rt Iu" -h^'t-
(travel, meals, lodging, etc.),
F sponsored by:
ltt at n c'e-
'*
This form is part of the public record for this meeting. s-ool (08/10/2021)
The Florida Senate
Meeting Date
APPEARANCE RECORD 6s atL-l Bill Number orTopic
Deliver both copies of this form to
Uvwutxu P ffu,nf,^ Senate professional staff conducting the meeting
/03 dra
Committee Amendment Barcode (if applicable)
Name b^i Phone Iol- n7- .9
"h
Address n/\O -I Email
Street
cw Stdte Zip
Speaking: -[,ror -lF ngainst ffi lnformation OR Waive Speaking: Support lf;- neainst
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without
compensation or sponsorship.
ffi^a
t4
registered lobbyist,
' ,- representing: la I am not a lobbyist, but received
something of value for my appearance
'FD,rts
(travel, meals, lodging, etc.),
sponsored by:
This form is part of the public record for this meeting. '^t2o21)
'i {
O
The Florida Senate
APPEARANCE RECO RD
gLr
Meeting Date ,_
41
t, ,t" ''
Deliver both copies of this form to
A
(,a Senate professional staff conducting the meeting
^;))""Y1;rrz-tnu
Committee Amendment Barcode (if applica
Name )*w Phone 0
Address
Street
/7 Or/-n.,^1, mail
PM, f
l=L 3L 0
City State zip
Speaking: I ror ! Against I lnformation OR waivespeaking, .,ff support ! Against
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without
compensation or sponsorship.
I am a registered lobbyist,
representing: d I am not a lobbyist, but received
something of value for my appearance
(travel, meals, lodginq, etc.),
sponsored
This form is part of the public record for this meeting. S-00i (08/10/2021)
The Florida Senate
a, u,27 APPEARANCE RECORD 2t+
Bill Number orTopic
Meeting Date
Deliver both copies of this form to
Senate professional staff conducting the meeting
tQ-
Committee Amendment Barcode (if applicable)
Name tt Phone 8y0 , {lo, 9922-
Address /1 9+ 1/ tet/4- (2are- Drtr<- Email
Stteet
Tall fL 7270$
City State Zip
Speaking: ! ror ! Against I tnformation OR Waive Speaking: ffiuppo,t ! Against
PLEASE CHECK ONE OF THE FOLLOWING:
lobbyist, I am not a lobbyist, but received
lam appearing without l1)z{an a registered
fk", j,^;;;f fuEt -"-
compensation or sponsorship. representrng: something of value for my appearance
(travel, meals, lodging, etc.),
sponsored by:
rt ft rance
This form is part of the public record for this meeting. s-oo'l (08/10/2021)
The Florida Senate
& 2-02 3 APPEARANCE RECORD stO 2 t4
Meeting Date Bill NumberorTopic
Deliver both copies of this form to
h f|/\V\N)l'V g fruwr^ Committee
Senate professional staff conducting the meeting
Amendment Barcode (if applicable)
Name lsa,wlU &ta,rrbavi rn6 Phone h1 - fla -r+o s
Address +0+ S rv\or^J/oc St. Pl-'tC. Email tll ad
Street
City State Zp
speaking: [iro, E-nqalnst fitnformation OR waivespeak^n V, n Support l-ll Against
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without I am a registered lobbyist ffi
r- .t
f nota lobbyist, but received
compensation or sponsorship. representing: something of value for my appearance
ry(D*os (travel, meals, lodging, etc.),
sponsored by:
This form is part of the public record for this meeting. 5-001 (oenol2021)
The Florida Senate
4
2 ag3
Meeting Date
APPEARANCE RECORD aB2) Bill Number orTopic
Deliver both copies of this form to
4- 0 nns/A-/ Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name D, Phone 4a 5: 0
Address Email a
rL
5t/eet
City State zip
Speaking: I for ! ngainst I tnformation OR Waive Speaking: ! tn Support fisuinst
PLEASE CHECK ONE OF THE FOLLOWING:
am not a lobbyist, but received
lam appearing without l-l tam a registered lobbyist, something of value for my appearance
compensation or sponsorship.
- representing:
f
(travel, meals, lodging, etc.),
sponsored by:
This form is part of the public record for this meeting. 5-001 (08/10/2021)
The Florida Senate
g\u[ea APPEARANCE RECORD ts:tL{
Meeting Date Bill Number orTopic
Deliver both copies of this form to
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
File and source
- File
- 2023-03-06_post-meeting-packet_7874.pdf
- Size
- 13,167,846 bytes
- SHA-256
- b7de8b5c0f1a826e9770aa3bfd8d3e3f563bb2525c55fef7c0e8891eb81e5eed
- Original
- No public link identified.