Meeting Packet — Commerce and Tourism, Florida Senate (March 13, 2023)
Summary
Packet for the Florida Senate Commerce and Tourism committee meeting of Monday, March 13, 2023, 3:30—5:30 p.m., with Senator Trumbull as Chair and Senator Wright as Vice Chair. The expanded agenda lists SB 262 Technology Transparency and SB 1648 as Not Considered, SB 388 Resale of Tickets as Fav/CS with Yeas 6 Nays 3, SB 946 as Favorable with Yeas 10 Nays 0, and SB 1068 Drones as Fav/CS with Yeas 9 Nays 1. The time-stamped notes at the end list appearance cards, with Ron Book speaking against the bill and Laura Dooley of StubHub speaking in support, and record that the bill passes and is reported favorably.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Meeting Packet — Commerce and Tourism, Florida Senate (March 13, 2023).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-13-post-meeting-packet-7875-982cdc36c3/
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Commerce and Tourism - 03/13/2023 3:30 PM 2023 Regular Session
Customized 03/15/2023 10:28 AM
Agenda Order
Tab 1 SB 262 by Bradley; (Similar to H 01547) Technology Transparency
164120 A S CM, Bradley Delete L.92 - 108: 03/10 12:27 PM
Tab 2 SB 1648 by Bradley; (Identical to H 01549) Public Records/Investigations by the Department of Legal Affairs
963930 A S CM, Bradley Delete L.110 - 119: 03/10 12:26 PM
Tab 3 SB 388 by Bradley; (Identical to H 00317) Resale of Tickets
150016 A S RCS CM, Bradley Delete L.31 - 37: 03/14 04:26 PM
Tab 4 SB 946 by Grall; (Similar to CS/H 00911) Public Records/Department of State Electronically Filed Records
Tab 5 SB 948 by Grall; (Similar to CS/H 00909) Records Electronically Filed with the Department of State
Tab 6 SB 1068 by Collins (CO-INTRODUCERS) Boyd; (Similar to CS/H 01071) Drones
917558 A S RCS CM, Collins btw L.62 - 63: 03/14 04:28 PM
Tab 7 SB 1150 by Ingoglia; (Identical to H 01307) Department of Agriculture and Consumer Services
Tab 8 SB 1154 by Perry (CO-INTRODUCERS) Hutson; (Identical to H 00895) Labor Pool Act
Tab 9 SB 552 by Hooper; (Similar to H 01437) Public Records/Broadband Opportunity Program
636136 A S RCS CM, Hooper Delete L.22 - 64: 03/14 04:28 PM
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 13, 2023
TIME: 3:30—5:30 p.m.
PLACE: Toni Jennings Committee Room, 110 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 262 Technology Transparency; Prohibiting officers or Not Considered
Bradley salaried employees of governmental entities from
(Similar H 1547, Compare H 1549, using their positions or state resources to make
Linked S 1648) certain requests of social media platforms; prohibiting
governmental entities from initiating or maintaining
agreements or working relationships with social
media platforms under a specified circumstance;
prohibiting a controller from collecting certain
consumer information without the consumer’s
authorization; requiring controllers that collect
personal information to implement reasonable
security procedures and practices to protect such
information, etc.
CM 03/13/2023 Not Considered
JU
RC
2 SB 1648 Public Records/Investigations by the Department of Not Considered
Bradley Legal Affairs; Providing an exemption from public
(Identical H 1549, Compare H records requirements for information relating to
1547, Linked S 262) investigations by the Department of Legal Affairs and
law enforcement agencies of certain data privacy
violations; providing for future legislative review and
repeal of the exemption; providing a statement of
public necessity, etc.
CM 03/13/2023 Not Considered
JU
RC
3 SB 388 Resale of Tickets; Providing requirements for Fav/CS
Bradley websites of ticket resellers; providing for the donation, Yeas 6 Nays 3
(Identical H 317) transfer, and resale of certain tickets; authorizing the
original seller to request certain information from
subsequent ticket holders; prohibiting the original
ticket seller from taking certain actions against a
person who purchases or resells a ticket; preempting
regulation of the sale or resale of tickets to the state,
etc.
CM 03/13/2023 Fav/CS
JU
RC
S-036 (10/2008)
03132023.1644 Page 1 of 3
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 13, 2023, 3:30—5:30 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
4 SB 946 Public Records/Department of State Electronically Favorable
Grall Filed Records; Providing an exemption from public Yeas 10 Nays 0
(Similar CS/H 911) records requirements for e-mail addresses and
secure login credentials held by the Department of
State relating to electronically filed records; defining
the term “secure login credentials”; providing
retroactive applicability; providing for future legislative
review and repeal of the exemptions; providing a
statement of public necessity, etc.
CM 03/13/2023 Favorable
GO
RC
5 SB 948 Records Electronically Filed with the Department of Favorable
Grall State; Authorizing the department to implement Yeas 10 Nays 0
(Similar CS/H 909, Compare CS/H certain systems relating to electronically filed records;
911) providing requirements and authorizations for the
department relating to such systems, etc.
CM 03/13/2023 Favorable
GO
RC
6 SB 1068 Drones; Prohibiting a political subdivision from taking Fav/CS
Collins certain actions relating to drone delivery services; Yeas 9 Nays 1
(Similar CS/H 1071) exempting drone ports from the Florida Building
Code, etc.
CM 03/13/2023 Fav/CS
CA
RC
7 SB 1150 Department of Agriculture and Consumer Services; Favorable
Ingoglia Revising requirements for applicants for a Class “K” Yeas 10 Nays 0
(Identical H 1307) license; revising the circumstances under which the
Department of Agriculture and Consumer Affairs may
waive firearms training requirements; revising
requirements relating to registration fees for certain
charitable organizations, sponsors, and parent
organizations; revising the definitions of the terms
“Category I liquefied petroleum gas dealer” and
“Category V LP gas installer”; providing criminal
penalties for certain actions relating to retail fuel theft,
etc.
CM 03/13/2023 Favorable
AEG
FP
S-036 (10/2008)
03132023.1644 Page 2 of 3
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 13, 2023, 3:30—5:30 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
8 SB 1154 Labor Pool Act; Providing that a labor pool satisfies Favorable
Perry certain requirements if its facilities meet the minimum Yeas 10 Nays 0
(Identical H 895) requirements in the Florida Building Code and any
local amendments thereto; authorizing a labor pool to
provide drinking water in a specified manner;
requiring an aggrieved worker to provide specified
notice to a labor pool before bringing certain civil
actions; authorizing a labor pool to cure alleged
violations in a specified manner, etc.
CM 03/13/2023 Favorable
JU
RC
9 SB 552 Public Records/Broadband Opportunity Program; Fav/CS
Hooper Providing an exemption from public records Yeas 10 Nays 0
(Similar H 1437) requirements for certain information relating to
communications services locations, project proposals,
and challenges submitted to the Department of
Economic Opportunity under the Broadband
Opportunity Program; providing for future legislative
review and repeal of the exemption; providing a
statement of public necessity, etc.
CM 03/13/2023 Fav/CS
GO
RC
Other Related Meeting Documents
S-036 (10/2008)
03132023.1644 Page 3 of 3
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 262
INTRODUCER: Senator Bradley
SUBJECT: Technology Transparency
DATE: March 10, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Pre-meeting
2. JU
3. RC
I. Summary:
SB 262 prohibits employees of a governmental entity from using their position or any state
resources to communicate with a social media platform to request that it remove content or
accounts. Additionally, a governmental entity cannot initiate or maintain any agreements with a
social media platform for the purpose of content moderation. The bill provides certain
exceptions.
The bill creates a unified scheme to allow Florida’s consumers to control the digital flow of their
personal information. Specifically, it gives consumers the right to:
Access their personal information;
Delete or correct that personal information; and
Opt out of the sale or sharing of their personal information.
The Act generally applies to businesses that collect Florida consumers’ personal information,
make in excess of $1 billion in gross revenues, and meet one of the following thresholds:
Derives 50 percent or more if its global annual revenues from providing targeted advertising
or the sale of ads online; or
Operated a consumer smart speaker and voice command component service with an
integrated virtual assistant connected to a cloud computing service that uses hands-free
verbal activation.
The bill prohibits the collection of a consumer’s precise geolocation data or personal information
through the operation of a voice recognition feature, unless the consumer provides authorization.
The bill requires a search engine to provide a consumer with information on how the search
engine algorithm prioritizes or deprioritizes political partisanship or political ideology in its
search results.
BILL: SB 262 Page 2
The Florida Department of Legal Affairs has authority to enforce the consumer data privacy
provisions in section 2 of the bill.
The bill also adds “biometric data,” “genetic information,” and “geolocation data” to the
definition of “personal information” under the Florida Information Protection Act. As such,
entities that possess fingerprints, DNA, and other biological or physiological identifying
information must take reasonable measures to protect that data and report data breaches.
The bill takes effect on July 1, 2023.
II. Present Situation:
Internet and Social Media Platforms
There are many ways in which individuals access computer systems and interact with systems
and other individuals on the Internet. Examples include:
Social media sites, which are websites and applications, that allow users to communicate
informally with others, find people, and share similar interests;1
Internet platforms, which are servers used by an Internet provider to support Internet access
by their customers;2
Internet search engines, which are computer software used to search data (such as text or a
database) for specified information;3 and
Access software providers, which are providers of software (including client or server
software) or enabling tools for content processing.4
Such platforms earn revenue through various modes and models. Examples include:
Data monetization.5 This uses data that is gathered and stored on the millions of users that
spend time on free content sites, including specific user location, browsing habits, buying
behavior, and unique interests. This data can be used to help e-commerce companies tailor
their marketing campaigns to a specific set of online consumers. Platforms that use this
model are typically free for users to use.6
Subscription or membership fees. This model requires users pay for a particular or unlimited
use of the platform infrastructure.7
1
DelValle Institute Learning Center, Social Media Platforms, https://delvalle.bphc.org/mod/wiki/view.php?pageid=65 (last
visited Mar. 10, 2023).
2
IGI Global, Internet Platform, https://www.igi-global.com/dictionary/internet-platform/15441 (last visited Mar. 10, 2023).
3
Merriam Webster, Search Engine, https://www.merriam-webster.com/dictionary/search%20engine (last visited Mar. 10,
2023).
4
See 47 U.S.C. § 230(f)(4) defining “access software provider to mean a provider of software (including client or server
software), or enabling tools that do any one or more of the following: (i) filter, screen, allow, or disallow content; (ii) pick,
choose, analyze, or digest content; or (iii) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or
translate content.
5
The Alexander von Humboldt Institute for Internet and Society, How do digital platforms make their money?, July 29,
2019, https://www.hiig.de/en/how-do-digital-platforms-make-their-money/ (last visited Mar. 10, 2023).
6
Investopedia, How Do Internet Companies Profit with Free Services?,
https://www.investopedia.com/ask/answers/040215/how-do-internet-companies-profit-if-they-give-away-their-services-
free.asp#:~:text=Profit%20Through%20Advertising,content%20is%20through%20advertising%20revenue.&text=Each%20o
f%20these%20users%20represents,and%20services%20via%20the%20Internet (last visited Mar. 10, 2023).
7
HIIS, supra note 5.
BILL: SB 262 Page 3
Transaction fees. This model allows platforms to benefit from every transaction that is
enabled between two or more actors. An example is AirBnB, where users transacting on the
site are charged a fee.8
Freedom of Speech and Internet Platforms
Section 230
The federal Communications Decency Act (CDA) was passed in 1996 “to protect children from
sexually explicit Internet content.”9 47 U.S. Code § 230 (Section 230) was added as an
amendment to the CDA to maintain the robust nature of Internet communication and,
accordingly, to keep government interference in the medium to a minimum.”10
Congress stated in Section 230 that “[i]t is the policy of the United States—(1) to promote the
continued development of the Internet and other interactive computer services and other
interactive media; [and] (2) to preserve the vibrant and competitive free market that presently
exists for the Internet and other interactive computer services, unfettered by Federal or State
regulation.”11
Specifically, Section 230 states that no provider or user of an interactive computer service may
be held liable on account of:12
Any action voluntarily taken in good faith to restrict access to or availability of material that
the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent,
harassing, or otherwise objectionable, whether or not such material is constitutionally
protected; or
Any action taken to enable or make available to information content providers or others the
technical means to restrict access to material from any person or entity that is responsible for
the creation or development of information provided through any interactive computer
service.
Section 230 “assuaged Congressional concern regarding the outcome of two inconsistent judicial
decisions,13 both of which “appl[ied] traditional defamation law to internet providers.”14 The first
decision held that an interactive computer service provider could not be liable for a third party's
defamatory statement ... but the second imposed liability where a service provider filtered
content in an effort to block obscene material.”15 To provide clarity, Section 230 provides that
“[n]o provider ... of an interactive computer service shall be treated as the publisher or speaker of
8
Id.
9
Force v. Facebook, Inc., 934 F.3d 53, 63 (2d Cir. 2019) (citing FTC v. LeadClick Media, LLC, 838 F.3d 158, 173 (2d Cir.
2016) (citing 141 Cong. Rec. S1953 (daily ed. Feb. 1, 1995) (statement of Sen. Exon))).
10
Force, 934 F.3d at 63 (quoting Ricci v. Teamsters Union Local 456, 781 F.3d 25, 28 (2d Cir. 2015) (quoting Zeran v. Am.
Online, Inc., 129 F.3d 327, 330 (4th Cir. 1997)).
11
47 U.S.C. § 230(b)(1)–(2).
12
47 U.S.C. § 230(c).
13
Cubby, Inc. v. CompuServe, Inc., 776 F. Supp. 135 (S.D.N.Y. 1991) and Stratton Oakmont, Inc. v. Prodigy Servs. Co., No.
31063/94, 1995 WL 323710 (N.Y. Sup. Ct. May 24, 1995).
14
Force, 934 F.3d at 63 (quoting LeadClick, 838 F.3d at 173).
15
Force, 934 F.3d at 63 (quoting LeadClick, 838 F.3d at 173 (citing 141 Cong. Rec. H8469-70 (daily ed. Aug. 4, 1995)
(statement of Rep. Cox))).
BILL: SB 262 Page 4
any information provided by another information content provider.16 In light of Congress's
objectives, the Circuits are in general agreement that the text of Section 230(c)(1) should be
construed broadly in favor of immunity.17
Section 230 specifically addresses how the federal law affects other laws. Section 230 prohibits
all inconsistent causes of action and prohibits liability imposed under any State or local law.18
Section 230 does not affect federal criminal law, intellectual property law, the Electronic
Communications Privacy Act of 1986, or sex trafficking law.
There have been criticisms of the broad immunity provisions or liability shields which force
individuals unhappy with third-party content to sue the user who posted it. While this immunity
has fostered the free flow of ideas on the Internet, critics have argued that Section 230 shields
publishers from liability for allowing harmful content.19 Congressional and executive proposals
to limit immunity for claims relating to platforms purposefully hosting content from those
engaging in child exploitation, terrorism, and cyber-stalking have been introduced.20 Bills have
been filed that would require internet platforms to have clear content moderation policies, submit
detailed transparency reports, and remove immunity for platforms that engage in certain
behavioral advertising practices.21 Proposals have also been offered to limit the liability shield
for internet providers who restrict speech based on political viewpoints.22
Recently, the Supreme Court heard oral arguments in Gonzalez v. Google LLC, to determine
whether online platforms should be held accountable when their algorithms prioritize or
recommend certain content to its users.23 The plaintiff in the case argues that Google aided and
abetted international terrorism because its computer algorithms suggest certain content to its
users based on their viewing history.24 The district court granted Google’s motion to dismiss
based on Section 230, and the U.S. Court of Appeals for the Ninth Circuit affirmed.25
Search Engines
Search engines work by crawling billions of webpages, indexing the webpages, and then
providing them to the person typing a query into the search engine.26 A web crawler, also known
16
47 U.S.C. § 230(c)(1).
17
Force, 934 F.3d at 63 (quoting LeadClick, 838 F.3d at 173).
18
47 U.S.C. § 230(e).
19
Zoe Bedell and John Major, What’s Next for Section 230? A Roundup of Proposals Lawfare, (July 29, 2020)
https://www.lawfareblog.com/whats-next-section-230-roundup-proposals (last visited Mar. 10, 2023).
20
Id; United States Department of Justice, Department of Justice’s Review of Section 230 of the Communications Decency
Act of 1996, https://www.justice.gov/archives/ag/department-justice-s-review-section-230-communications-decency-act-
1996 (last visited Mar. 10, 2023); EARN IT Act of 2020, S.3398, 116th Cong. (2020).
21
Bedell, supra note 19; PACT Act, S.4066, 116th Cong. (2020); BAD ADS Act, S.4337, 116th Cong. (2020).
22
Bedell, supra note 19; Limiting Section 230 Immunity to Good Samaritans Act, S.3983, 116th Cong. (2020)
23
See Kaitlyn Tiffany, The Supreme Court Considers the Algorithm (Feb. 1, 2023)
https://www.theatlantic.com/technology/archive/2023/02/supreme-court-section-230-twitter-google-algorithm/672915/ (last
visited Mar. 10, 2023).
24
See Gonzalez v. Google LLC, 2 F.4th 871 (9th Cir. 2021).
25
Id.
26
See Anthony Schultes, How Do Search Engines Work (Sep. 9, 2021) https://www.seerinteractive.com/insights/how-do-
search-engines-work (last visited Mar. 10, 2023).
BILL: SB 262 Page 5
as a bot, is a program that systematically browses the web to copy pages that are then processed
by a search engine.27 Next, the pages are indexed for easy retrieval.28
Each search engine uses their own algorithm, which determines the order pages appear.29 Some
choose to put emphasis on things like user experience, while others focus on content quality or
link building.30 Then a series of equations are used to determine where each piece of content
should rank.31
Trade Secrets
Generally, trade secrets are intellectual property rights on confidential information that are used
by a business and provide an economic advantage to that business.32
Section 812.081, F.S., defines a “trade secret” as information33 used in the operation of a
business, which provides the business an advantage or an opportunity to obtain an advantage,
over those who do not know or use it.34 The test provided for in statute, and adopted by Florida
courts,35 requires that a trade secret be actively protected from loss or public availability to any
person not selected by the secret’s owner to have access thereto, and be:
Secret;
Of value;
For use or in use by the business; and
Of advantage to the business, or providing an opportunity to obtain an advantage, over those
who do not know or use it. 36
Penalties
Florida law criminalizes the disclosure or theft of trade secrets. For example:
Section 815.04, F.S., makes it a third degree felony37 for a person to willfully, knowingly,
and without authorization disclose or take data, programs, or supporting documentation that
27
See Cem Dilmegani, Web Crawler: What it is, How it works & Applications in 2023 (March 6, 2023)
https://research.aimultiple.com/web-crawler/ (last visited Mar. 10, 2023).
28
Id.
29
See Anthony Schultes, How Do Search Engines Work (Sep. 9, 2021) https://www.seerinteractive.com/insights/how-do-
search-engines-work (last visited Mar. 10, 2023).
30
Id.
31
Id.
32
See The Florida Bar, Trade Secret (Dec. 14, 2022) https://www.floridabar.org/practice-areas/trade-secrets/ (last visited
Mar. 10, 2023).
33
A trade secret may manifest as any scientific, technical, or commercial information, including any design, process,
procedure, list of suppliers, list of customers, business code, or improvement thereof. Section 812.081, F.S.
34
The term includes any scientific, technical, or commercial information, including financial information, and includes any
design, process, procedure, list of suppliers, list of customers, business code, or improvement thereof, whether tangible or
intangible, and regardless of whether or how it is stored, compiled, or memorialized physically, electronically, graphically,
photographically, or in writing. Section 812.081, F.S.
35
See, e.g., Sepro Corp. v. Dep’t. of Envt’l. Prot., 839 So. 2d 781 (Fla. 1st DCA 2003).
36
Section 812.081(1)(c), F.S.
37
A third degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. (ss. 775.082, 775.083, and 775.084
F.S.)
BILL: SB 262 Page 6
are trade secrets that reside or exist internal or external to a computer, computer system,
computer network, or electronic device.38
Section 812.081, F.S., makes it a third degree felony for a person to willfully and without
authorization obtain to use, or endeavor to obtain or use an article that represents a trade
secret, when done with an intent to:
o Deprive or withhold from the trade secret’s owner the control of a trade secret, or
o Appropriate a trade secret to his or her own use or to the use of another.
A number of statutes also provide non-criminal protections for trade secrets. The majority of
these statutes provide public record exemptions for trade secrets,39 but others provide procedural
safeguards or civil remedies instead.40
Consumer Data Privacy Overview
Around 84 percent of Americans say they feel very little or no control over the data that is
collected about them by both the government and private companies.41 Business technology to
collect and analyze data has grown, and companies regularly capture, store, and analyze data on
their consumers.42 While consumers often willingly agree to terms-of-service agreements to
provide their data in exchange for free services, they are unaware of the extent to which that data
is then used because the agreements are lengthy, overly-complicated, or simply not read by the
consumer.43
Consumer data is most commonly tracked through the placement of ‘cookies’—files that a
website places in the user’s device that allow for tracking across websites.44 Another common
tracker is a “fingerprinter,” which creates a unique profile of the device, and allows the collector
to gather information tied to that device.45 These technologies allow websites to store a password
that a consumer previously entered, and to follow the consumer’s use patterns at other websites
and to tailor their activities and advertisements to the consumer as a result of information it
38
The offense is a second degree felony if committed for the purpose of creating or executing any scheme or artifice to
defraud or to obtain property.
39
Sections 119.071(1)(f), 125.0104(9)(d), 288.1226(8), 331.326, 365.174, 381.83, 403.7046(2)-(3), 403.73, 499.012(g), (m),
499.0121(7), 499.051(7), 499.931, 502.222, 570.48(3), 573.123(2), 581.199, 601.10(8)(a), 601.15(7)(d), 601.152(8)(c),
601.76, and 815.045, F.S.
40
Sections 721.071 and 812.035, F.S.
41
Brooke Auxier, Lee Rainie, Monica Anderson, Andrew Perrin, Madhu Kumar, and Erica Turner, PEW RESEARCH CENTER,
Americans and Privacy: Concerned, Confused and Feeling Lack of Control Over their Personal Information at 7 (Nov. 15,
2019), https://www.pewresearch.org/internet/wp-content/uploads/sites/9/2019/11/Pew-Research-
Center_PI_2019.11.15_Privacy_FINAL.pdf (last visited Mar. 10, 2023).
42
Max Freedman, BUSINESS NEWS DAILY, How Businesses are Collecting Data (and What They’re Doing With It) (Jun. 17,
2020), https://www.businessnewsdaily.com/10625-businesses-collecting-data.html (last visited Mar. 10, 2023).
43
Jessica Guynn, USA TODAY, What Your Need to Know Before Clicking ‘I Agree’ on That Terms of Service Agreement or
Privacy Policy (Jan. 28, 2020), https://www.usatoday.com/story/tech/2020/01/28/not-reading-the-small-print-is-privacy-
policy-fail/4565274002/ (last visited Mar. 10, 2023).
44
NPR.org, Online Trackers Follow our Digital Shadow by ‘Fingerprinting’ Browsers, Devices (Sep. 26, 2016),
https://www.npr.org/sections/alltechconsidered/2016/09/26/495502526/online-trackers-follow-our-digital-shadow-by-
fingerprinting-browsers-devices (last visited Mar. 10, 2023).
45
Id.
BILL: SB 262 Page 7
gleans.46 Certain commercial businesses collect this information and create a consumer profile
that describes possible interests or characteristics, and ultimately target ads for their products at
the consumer.47 Other companies—data brokers—collect and sell or share consumer data as their
main business operation.48
Generally, the types of consumer data that businesses collect are:49
Personal data, which includes personally identifiable information, such as Social Security
numbers and gender, as well as identifiable information, including IP addresses, web browser
cookies, and device IDs;
Engagement data, which details how consumers interact with a business’ website, mobile
apps, social media pages, emails, paid ads, and customer service routes;
Behavioral data, which includes transactional details such as purchase histories, product
usage information, and qualitative data; and
Attitudinal data, which encompasses metrics on consumer satisfaction, purchase criteria,
product desirability, and more.
Federal and state governments have addressed data privacy and security to a certain extent,
largely by targeting specific industries (e.g., healthcare and financial institutions) or types of data
(such as children’s personal information).50 However, no federal law exists that comprehensively
regulates how entities across all industries collect and use consumer data.51 States have recently
begun to legislate more comprehensively to protect data privacy.52
General Data Protection Regulation (GDPR)—European Union
The GDPR protects individual personal data and restricts entities’ use of personal data,
especially those that exercise overall control over the purpose and means of processing personal
data (controllers) or that process data on behalf of, or at the instruction of controllers
(processors).53 A controller or processor is required to comply with the GDPR if it has activity in
the European Union—even a minimal one, and regardless of where the data processing occurs.54
46
Wharton School of Business, University of Pennsylvania, Your Data is Shared and Sold…What’s Being Done About It?
(Oct. 28, 2019), https://knowledge.wharton.upenn.edu/article/data-shared-sold-whats-done/ (last visited Mar. 10, 2023).
47
See supra, note 42
48
Lois Beckett, PROPUBLICA, Everything We Know About What Data Brokers Know About You (June 13, 2014),
https://www.propublica.org/article/everything-we-know-about-what-data-brokers-know-about-you (last visited Mar. 10,
2023). See also Louise Matsakis, Wired, The WIRED Guide to Your Personal Data (and Who is Using It), (Feb. 15, 2019),
https://www.wired.com/story/wired-guide-personal-data-collection/ (last visited Mar. 10, 2023).
49
Freedman, supra, note 42.
50
Stephen Mulligan, Wilson Freeman, Chris Linebaugh, Congressional Research Service, Data Protection Law: An
Overview at 7-8 (Mar. 25, 2019), https://crsreports.congress.gov/product/pdf/R/R45631 (last visited Mar.10, 2023).
51
Wilson Freeman, Congressional Research Service, California Dreamin’ of Privacy Regulation: The California Consumer
Privacy Act and Congress (Nov. 1, 2018), https://crsreports.congress.gov/product/pdf/LSB/LSB10213/3 (last visited Mar. 10,
2023).
52
NCSL, 2021 Consumer Data Privacy Legislation (Dec. 27, 2021), https://www.ncsl.org/research/telecommunications-and-
information-technology/2021-consumer-data-privacy-legislation.aspx (last visited Mar. 10, 2023).
53
See generally, Stephen Mulligan, Wilson Freeman, Chris Linebaugh, CONGRESSIONAL RESEARCH SERVICE, Data
Protection Law: An Overview p. 42 (Mar. 25, 2019), https://crsreports.congress.gov/product/pdf/R/R45631 (last visited Mar.
10, 2023).
54
GDPR, art. 3.
BILL: SB 262 Page 8
Personal data is defined as any information that relates to an identified or identifiable person, and
can include names, identification numbers, location data, cookies, and any other information
through which an individual can be directly or indirectly identified.55 A processor and controller
must receive express consent from an individual before they can collect or process his or her
personal data. The language must give a clear choice that is not based on an overbroad or overly
complex question.56
The GDPR requires entities subject to the GDPR to provide individuals with a report of their
data that is processed, where it is processed, and why it is being processed.57 This report must be
provided to the individual within one month of his or her request.58 If an individual makes a
request that an entity correct or delete his or her personal data held by an entity, the entity must
do so.59
State Data Privacy Regulations
California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
The CCPA (2018) defines personal information as that which identifies, relates to, describes, or
is capable of being associated with or could reasonably be linked, directly or indirectly, with a
particular consumer or household.60 The CCPA grants consumers greater control over their
personal information by, among other provisions, creating the following consumer rights, to:61
Know about the personal information that a business collects, specifically about the
consumer, and how it is used and shared;
Delete collected personal information with some exceptions;
Opt out of the sale of personal information; and
Be treated equally by covered businesses, whether or not an individual has exercised a right
granted by the CCPA.
Additionally, the CCPA requires business to give consumers certain notices that explain their
privacy practices and provide certain mechanisms to allow consumers to opt-out or exercise
other rights regarding their personal information.
The CCPA applies to for-profit businesses that do business in California and that meet any of the
following requirements:62
Have a gross annual revenue of over $25 million;
55
GDPR, art. 4(1). See, U.K. Information Commissioner’s Office, Guide to General Data Protection Regulation: What is
Personal Data?, https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-
gdpr/key-definitions/what-is-personal-data/ (last visited Mar. 10, 2023).
56
U.K. Information Commissioner’s Office, Guide to General Data Protection Regulation: Consent, https://ico.org.uk/for-
organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-
processing/consent/ (last visited Mar. 10, 2023).
57
Mark Kaelin, TECHREPUBLIC, GDPR: A Cheat Sheet (May 23, 2019), https://www.techrepublic.com/article/the-eu-general-
data-protection-regulation-gdpr-the-smart-persons-guide/ (last visited Mar. 10, 2023).
58
GDPR, arts. 12(3), 15.
59
U.K. Information Commissioner’s Office, Guide to General Data Protection Regulation: Right to Erasure, Right to
erasure | ICO (last visited Mar. 10, 2023).
60
Cal. Civ. Code § 1798.140(v)(1).
61
California Department of Justice, Office of the Attorney General, California Consumer Privacy Act (CCPA),
https://oag.ca.gov/privacy/ccpa (last visited Mar. 10, 2023).
62
Cal. Civ. Code § 1798.140.
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Buy, receive, or sell the personal information of 100,000 or more California residents,
households, or devices; or
Derive 50 percent or more of their annual revenue from selling California residents’ personal
information.
The law is largely enforced by the Attorney General, and businesses are subject to fines for
violating the law. A consumer may only bring a cause of action against a business if certain
categories of personal information tied to his or her name have been stolen in a nonencrypted and
nonredacted form.63
The CPRA, which was approved by voters in a 2020 statewide ballot measure and took effect on
January 1, 2023, amends and expands upon the CCPA.
The CPRA broadens consumers’ rights by allowing them to:64
Prevent businesses from sharing their personal information (CCPA prevents businesses from
selling it);
Correct their inaccurate personal information; and
Limit a business’ use of their sensitive personal information, which includes information
such as a consumer’s geolocation, race, ethnicity, religion, genetic data, private
communications, sexual orientation, and specific health information.
The CPRA now applies to businesses that not only sell personal information, but also ones that
share it. Additionally, the CPRA now prohibits sharing of data between different entities that
make up a joint venture.65
The CPRA also provides that a business that collects personal information cannot retain a
consumer’s personal information or sensitive personal information for longer than is reasonably
necessary.66
Virginia Consumer Data Protection Act
The Virginia Consumer Data Protection Act (Virginia Act) takes effect on January 1, 2023. The
Virginia act grants consumers the right to access, correct, delete, obtain a copy of, and opt out of
the processing of their personal data for the purposes of targeted advertising.67 The Virginia Act
63
Cal. Civ. Code ss. 1798.130, 1798.135.
64
Elizabeth Shirley, Overview of Applicability and Updated Privacy Provisions in the California Privacy Rights and
Enforcement Act of 2020 (CPRA) (Jun. 10, 2021), https://www.jdsupra.com/legalnews/overview-of-applicability-and-
updated-5551553/ (last visited Mar. 10, 2023).
65
Id.
66
Mario Meeks, JDSUPRA, The CPRA’s Storage Limitation Requirement is Coming—Practical Tips for Shoring Up Your
Record Retention Practices to Comply (Feb. 18, 2021), https://www.jdsupra.com/legalnews/the-cpra-s-storage-limitation-
9898179/ (last visited Mar. 10, 2023).
67
Va. Code Ann. § 59.1-573 (2020). See also, Colleen Brown, Alan Raul, Lauren Kitces, Sidley LLP, East Coast Meet West
Coast: Enter the Virginia Consumer Data Privacy Protection Act (Mar. 5, 2021),
https://www.sidley.com/en/insights/newsupdates/2021/03/east-coast-meets-west-coast-enter-the-virginia-consumer-data-
protection-act (last visited Mar. 10, 2023).
BILL: SB 262 Page 10
defines “consumer” only as a natural person who is a resident of Virginia and acts only in an
individual or household context.68
Businesses are subject to the Virginia Act if they operate in Virginia and either (1) control or
process personal data of 100,000 or more consumers or (2) derive over 50 percent of their gross
revenue from the sale of personal data and control or process personal data of at least 25,000
consumers.69
The Virginia Act exempts specific entities that are otherwise regulated by specific federal law,
including those regulated by the GLBA and HIPAA. The Virginia Act also exempts Virginia
public entities, nonprofit organizations, and higher education institutions.70 In a similar vein, the
Virginia Act exempts specific personal information, where the collection and use thereof is
otherwise regulated by FCRA, FERPA, and COPPA.71
The Virginia Attorney General has exclusive authority to enforce the Virginia Act.72
Colorado Privacy Act
The Colorado Privacy Act (Colorado Act) will take effect on July 1, 2023.73 Generally, with
regard to personal data, the Colorado Act grants a consumer the right to:74
Access data;
Correct data;
Delete data;
Data portability;
Opt out of the sale of personal information, targeted advertising, and profiling;
Appeal; and
Non-discrimination.
Like the CCPA and Virginia Act, the Colorado Act contains exceptions for certain types of data
and information governed by federal law. It provides that the Attorney General has exclusive
authority to enforce violations of the law, and does not provide a private cause of action to a
consumer. The Colorado Act applies to persons conducting business in the state that either:75
Control or process personal data of 100,000 or more consumers during a calendar year; or
68
Va. Code Ann. § 59.1-571 (2020).
69
Va. Code Ann. § 59.1-572 A (2020).
70
Va. Code Ann. § 59.1-572 B (2020).
71
Va. Code Ann. § 59.1-572 C (2020).
72
See generally, Kurt Hunt and Matthew Diaz, JDSUPRA, Virginia Becomes 2nd State to Adopt a Comprehensive Consumer
Data Privacy Law (Mar. 4, 2022), https://www.natlawreview.com/article/virginia-becomes-2nd-state-to-adopt-
comprehensive-consumer-data-privacy-law (last visited Mar. 10, 2023).
73
C.R.S. 1-6-1301-1313, available at https://leg.colorado.gov/sites/default/files/2021a_190_signed.pdf (last visited Mar. 10,
2023).
74
The National Law Review, And Now There are Three…The Colorado Privacy Act, July 16, 2021,
https://www.natlawreview.com/article/and-now-there-are-three-colorado-privacy-
act#:~:text=Colorado%20has%20now%20joined%20California,effect%20on%20July%201%2C%202023. (last visited Mar.
10, 2023).
75
Id.
BILL: SB 262 Page 11
Derive revenue or receive discounts from the sale of personal data and control or process
data of at least 25,000 consumers.
The Colorado Act does not bestow a private right of action. The Colorado Attorney General has
exclusive enforcement authority to prosecute violations as deceptive trade practices. 76
Utah Consumer Privacy Act
The Utah Consumer Privacy Act (UCPA) will take effect on December 31, 2023.77 Generally,
with regard to personal data, the UCPA grants a consumer the right to:
Access data;
Delete data;
Obtain a copy of data;
Opt out of the sale of data; and
Opt out of targeted advertising.78
Unlike the CCPA, the Colorado Act, and the Virginia Act, the UCPA does not provide
consumers with the ability to correct personal data.79 The UCPA applies to a controller or
processor that conducts business in Utah or produces a product or service targeted to Utah
residents, has annual revenues of $25,000,000 or more, and satisfies at least one of the following
thresholds:
During a calendar year, controls or processes the personal data of 100,000 or more Utah
residents; or
Derives over 50% of its gross revenue from the sale of personal data, and controls or
processes the personal data of 25,000 or more consumers.80
The UCPA does not provide a private right of action. The Utah Attorney General will enforce
the law.81
Florida Information Protection Act (FIPA)82
FIPA is a data security measure that requires governmental entities, specific business entities,
and any third-party agent that holds or processes personal information on behalf of these entities
to take reasonable measures to protect a consumer’s personal information. Additionally, FIPA
requires covered business entities83 that are subject to data breaches to attempt to remediate the
breach by notification to affected consumers in Florida, and in cases where more than 500
individual’s information was breached—by additional notification to the Department of Legal
76
Weiner Brodsky Kider, PC, Colorado Enhances Data Privacy for Consumers (Aug. 10, 2021),
https://www.jdsupra.com/legalnews/colorado-enhances-data-privacy-for-7292123/ (last visited Mar. 10, 2023).
77
The National Law Review, Utah Becomes Fourth U.S. State to Enact Consumer Privacy Law (March 24, 2022), Utah
Consumer Privacy Act Passed - UCPA Legislation (natlawreview.com) (last visited, Mar. 10, 2023).
78
Id.
79
Id.
80
Id.
81
Id.
82
Section 501.171, F.S.; Chapter 2014-189, Laws of Fla. (FIPA expanded and updated Florida’s data breach disclosure laws
contained in s. 817.5681, F.S. (2013), which was adopted in 2005 and repealed in 2014).
83
A “covered entity” is a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other
commercial entity that acquires, maintains, stores, or uses personal information. Section 501.171(1)(b), F.S.
BILL: SB 262 Page 12
Affairs (DLA).84 If the breach affected more than 1,000 individuals in Florida, the entity must
also notify credit reporting agencies, with certain exceptions.85
FIPA defines “personal information” as:
Online account information, such as security questions and answers, email addresses, and
passwords; and
An individual’s first name or first initial and last name, in combination with any one or more
of the following information regarding him or her:
o A social security number;
o A driver license or similar identity verification number issued on a government
document;
o A financial account number or credit or debit card number, in combination with any
required security code, access code, or password that is necessary to permit access to an
individual’s financial account;
o Medical history information or health insurance identification numbers; or
o An individual’s health insurance identification numbers.86
Personal information does not include information:
About an individual that a federal, state, or local governmental entity has made publicly
available; or
That is encrypted, secured, or modified to remove elements that personally identify an
individual or that otherwise renders the information unusable.87
FIPA does not provide a private cause of action, but authorizes the DLA to file charges against
covered entities under Florida’s Unfair and Deceptive Trade Practices Act (FDUTPA). 88
In addition to the remedies provided for under FDUTPA, a covered entity that fails to notify
DLA, or an individual whose personal information was accessed, of the data breach is liable for a
civil penalty of $1,000 per day for the first 30 days of any violation; $50,000 for each subsequent
30-day period of violation; and up to $500,000 for any violation that continues more than 180
days. These civil penalties apply per breach, not per individual affected by the breach.
Illinois Biometric Information Privacy Act
In 2008, Illinois became the first state to specifically regulate biometric data with the passage of
the Biometric Information Privacy Act (BIPA). BIPA puts in place safeguards and procedures
that relate to the retention, collection, disclosure, and destruction of biometric information and
specifically protects the biometric information of those in Illinois.
BIPA defines biometric data as a retina or iris scan, fingerprint, voiceprint, or scan of hand or
face geometry.
84 Florida Office of the Attorney General (OAG), How to Protect Yourself: Data Security,
http://myfloridalegal.com/pages.nsf/Main/53D4216591361BCD85257F77004BE16C (last visited Mar. 10, 2023). Section
501.171(3)-(4), F.S.
85 Section 501.171(3)-(6), F.S.
86 Section 501.171(1)(g)1., F.S.; OAG supra note 73.
87 Section 501.171(1)(g)2., F.S.
88 Section 501.171(9), (10), F.S.; OAG supra note 73.
BILL: SB 262 Page 13
Under BIPA, a private entity:89
That possesses biometric data must have a written policy that establishes a retention schedule
and guidelines for permanently destruction of such data;
Cannot collect, capture, purchase, receive through trade, or otherwise obtain biometric data
unless it receives an informed release from the subject;
Cannot profit from a person’s biometric data;
Cannot disseminate a person’s biometric data unless the subject consents or provides
authorization, or the entity is required by law or a valid warrant or subpoena; and
Must store, transmit, and protect biometric data with a reasonable standard of care and in a
manner as or more protective as other confidential and sensitive information.
BIPA provides a private cause of action, with relief including liquidated damages, ranging from
$1,000 to $5,000 or actual damages (whichever is greater), attorney’s fees and costs, and other
relief deemed appropriate by a court.90
The Illinois Supreme Court found that an individual does not need to allege an actual injury or
adverse effect, beyond violation of their rights under BIPA, to qualify as an aggrieved party.
Therefore, anyone whose biometric data is affected by a violation of BIPA may seek liquidated
damages or injunctive relief under BIPA.91 Court documents also tend to support the notion that
an individual in Illinois has a valid cause of action if their biometric data is taken without
consent by a private entity, including out-of-state entities, but it is subject to a finding of fact.92
Federal Privacy Regulations
Health Insurance Portability and Accountability Act (HIPAA)93 and its Related Rules
HIPPA requires federal agencies to create national standards to protect sensitive patient health
information from disclosure without the patient’s consent or knowledge. HIPPA’s two pertinent
implementing rules are the Privacy Rule and the Security Rule.94
The Privacy Rule addresses the use and disclosure of individual’s protected health information
(PHI) by covered entities.95, 96 PHI is information, including demographic data, that can be used
to identify the individual, and that relates to the individual’s:
Past, present, or future physical or mental health or physical condition;
Health care; or
89 740 Ill. Comp. Stat. 14/10, 14/15 (2008).
90
740 Ill. Comp. Stat. 14/20 (2008).
91
See Rosenbach v. Six Flags Entertainment Corporation, 2019 IL 123186.
92
See Rivera v. Google, Inc., 238 F.Supp.3d 1088 (N.D. Ill. 2017); See also In re Facebook Biometric Information Privacy
Litigation, 185 F.Supp.3d 1155 (N.D. Cal. (2016).; See also Norberg v. Shutterfly, Inc., 152 F.Supp.3d 1103 (N.D. Ill. 2015).
93
42 U.S.C. § 1320.
94
See generally, Stephen Mulligan, Wilson Freeman, Chris Linebaugh, Congressional Research Service, Data Protection
Law: An Overview pp. 10-12 (Mar. 25, 2019), https://crsreports.congress.gov/product/pdf/R/R45631 (last visited Mar. 10,
2023).
95
45 C.F.R. §160 and 164. See also, Department of Health and Human Services, Summary of the HIPPA Privacy Rule, (Jul.
26, 2013) https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html (last visited Mar. 10, 2023).
96
A covered entity is a health plan, health care clearinghouse, health care provider who transmits health information in
electronic form, and these entities’ business associates.
BILL: SB 262 Page 14
Payment for past, present, or future health care.
A common example of PHI is a patient’s name, address, birth date, or social security number.
However, PHI does not include deidentified health information or employment-related records.
The Privacy Rule protects PHI that is held or transmitted by a covered entity or its business
associate by preventing covered entities from disclosing PHI without the patient’s consent or
knowledge unless it is being used or shared for treatment, payment, or healthcare operations or
for another exempt purpose.
These covered entities must prominently post an electronic notice and give notice upon a specific
request to patients regarding the manners in which they use and disclose PHI. A covered entity
must also provide an accounting of disclosures it has made of a patient’s PHI upon his or her
request as well as a copy of his or her PHI.
The Security Rule applies to the subset of identifiable health information that a covered entity
creates, receives, maintains, or transmits in electronic form called “electronic protected health
information” (e-PHI).97 The Security Rule does not apply to PHI that is transmitted orally or in
writing. A covered entity must comply with the Security Rule by:
Ensuring the confidentiality, integrity, and availability of all e-PHI;
Detecting and safeguarding against anticipated threats to the security of the information;
Protecting against anticipated uses or disclosures; and
Certifying compliance by their workforce.
The Department of Health and Human Services may institute a civil enforcement under HIPPA
and may seek civil penalties. The Department of Justice may institute criminal proceedings
against a violator who knowingly obtained or disclosed PHI. There is no private cause of action
under HIPPA.
Federal Policy for the Protection of Human Subjects (“Common Rule”)
The Common Rule is promulgated by the U.S. Food and Drug Administration (FDA) and
governs the ethical conduct of research involving human subjects.98 Fifteen federal agencies and
departments are party to this rule. The Common Rule mandates that researchers protect the
privacy of subjects and maintain confidentiality of human subject data, among other
requirements.99
The FDA is a member of the International Council for Harmonisation of Technical Requirements
for Pharmaceuticals for Human Use, which brings together the regulatory authorities and the
pharmaceutical industry to develop guidelines for pharmaceutical trials.100
97
45 C.F.R. §164.302-318.
98
21 C.F.R. §§ 50, 60.
99
See generally, Health and Human Services, Federal Policy for the Protection of Human Subjects (‘Common Rule’) (Mar.
18, 2016), https://www.hhs.gov/ohrp/regulations-and-policy/regulations/common-rule/index.html (last visited Mar. 10,
2023).
100
International Council for Harmonisation, https://www.ich.org/ (last visited Mar. 10, 2023).
BILL: SB 262 Page 15
Fair Credit Reporting Act (FCRA)101
The FCRA promotes the accuracy, fairness, and privacy of information that consumer reporting
agencies and their related entities collect.102 The FCRA governs the acts of credit reporting
agencies (CRAs), entities that furnish information to CRAs (furnishers), and individuals who use
credit reports issued by CRAs. Specifically, CRAs and their furnishers must adopt methods to
ensure the information they collect and report is accurate.
Individuals can review the information a CRA has collected on them to ensure that it is accurate,
and may dispute its accuracy—which triggers a CRA’s and furnisher’s duty to reinvestigate the
information. Individuals may also request to review the information a CRA has in his or her file,
the sources of the information, and the identity of those to whom the information was disclosed.
A CRA cannot provide information in a consumer report to anyone who does not have a
specified purpose in the FCRA.103
The FTC and Consumer Finance Protection Bureau share civil enforcement authority of the
FCRA. A person who willfully obtains consumer information from a CRA under false pretenses
is subject to criminal prosecution. An individual may also pursue a private right of action if he or
she was injured by willful or negligent actions.104
Gramm-Leach Bliley Act (GLBA)105
The GLBA governs financial institutions’ use and protection of nonpublic personal information
(NPI).106 A financial institution is any institution that engages in financial activities, such as
banks, real estate appraisers and title companies, consumer-financing companies, insurance
underwriters and agents, wire transfer agencies, check cashing stores, and mortgage brokers.107
A financial institution cannot share (1) NPI with non-affiliated third parties unless they notify the
consumer of their intent to do so and provide a chance to opt out; and (2) a consumer’s account
or credit card numbers with third parties for direct marketing. The financial institution must also
101
15 U.S.C. §1681.
102
Consumer Finance Bureau, A Summary of Your Rights Under the Fair Credit Reporting Act (Sept. 18, 2018), 12 CFR
1022, available at A Summary of Your Rights Under the Fair Credit Reporting Act (ftc.gov) (last visited Mar. 10, 2023). See
also, Federal Trade Commission, Fair Credit Reporting Act, https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-
act (last visited Mar. 10, 2023).
103
Permissible purposes include employment, insurance underwriting that involves the consumer, evaluating the consumer’s
eligibility for licensure or other governmental benefit that considers the applicants financial responsibility or status, or a
legitimate business need. 15 U.S.C. § 1681b(a).
104
An individual may record actual damages, attorney’s fees, litigation costs, and in the case of willful violations—statutory
damages ranging from $100 to $1,000 and punitive costs as the court deems appropriate. 15 U.S.C. § 1681n(a).
105
15 U.S.C. §§ 6801-6809. See generally, Stephen Mulligan, Wilson Freeman, Chris Linebaugh, Congressional Research
Service, Data Protection Law: An Overview pp. 8-10 (Mar. 25, 2019), https://crsreports.congress.gov/product/pdf/R/R45631
(last visited Mar. 10, 2023).
106
The GLBA defines “nonpublic personal information” as “personally identifiable information” that is not publicly available
and is either provided by the consumer to a financial institution, resulting from any transaction with the consumer or any
service performed for the consumer, or otherwise obtained by the financial institution. 15 U.S.C. § 6809(9).
107
Federal Trade Commission, Financial Institutions and Customer Information: Complying with the Safeguards Rule: Who
Must Comply?, https://www.ftc.gov/tips-advice/business-center/guidance/financial-institutions-customer-information-
complying (last visited Mar. 10, 2023).
BILL: SB 262 Page 16
send an annual notice to the consumer that clearly and conspicuously describes the institution’s
privacy policies and practices.108
The financial institution must also ensure the security and confidentiality of a customer’s NPI by
establishing concrete security policies, and by designating an information security program
coordinator and implementing a risk assessment process.109
The Consumer Financial Protection Bureau, Federal Trade Commission, and federal banking
agencies share civil enforcement authority of the GLBA. Certain civil remedies and criminal
liabilities are available for violations of the data security and protection provisions of the GLBA,
but there is no private cause of action.
Children’s Online Privacy Protection Act (COPPA)110
COPPA and its related rules regulate websites’ collection and use of children’s information. The
operator of a website or online service that is directed to children, or that has actual knowledge
that it collects children’s personal information (covered entities), must comply with requirements
regarding data collection and use, privacy policy notifications, and data security.
COPPA defines personal information as individually identifiable information about an individual
that is collected online, including:
A first and last name;
A home or other physical address, e-mail address, telephone number, or any other identifier
that the FCC determines could permit one to contact someone physically or online, such as a
screen name;
A social security number;
A persistent identifier that can be used to recognize a user over time and across different
websites;
A photograph, video, or audio file that contains a child’s image or voice;
A geolocation information that is sufficient to identify the user’s location; or
Information concerning the child or parents that the operator collects from the child and
combines with any other identifier described above.
A covered entity may not collect a child’s (individual under the age of 13) personal information
without the prior, verifiable consent of his or her parent.111
COPPA further requires covered entities to:112
Give parents direct notice of their privacy policies, including a description of their data
collection and sharing practices;
108
The notice must specifically include the categories of NPI the financial institution collects and discloses, the types of third
parties with which it shares NPI, and how it protects consumers’ NPI.
109
See, 16 C.F.R. § 314.4
110
16 C.F.R. pt. 312.
111
15 U.S.C. §§ 6502(a)-(b).
112
See, Federal Trade Commission, General Questions About the COPPA Rule: What is the Children’s Online Privacy
Protection Rule?(Jul. 2020), https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-
questions-0 (last visited Mar. 8, 2023).
BILL: SB 262 Page 17
Post a clear link to their privacy policies on their home page and at each area of their website
where they collect personal information from children;
Institute procedures to protect the personal information that they hold;
Ensure that any third party with which they share collected personal information implements
the same protection procedures; and
Delete children’s personal information after the purpose for its retention has been fulfilled.
Violations of COPPA are an unfair or deceptive act or practice and are prosecuted by the FTC.
COPPA also authorizes state attorneys general to enforce violations that affect residents of their
states. There is no criminal prosecution or private right of action provided for under COPPA.113
Driver’s Privacy Protection Act (DPPA)114
The DPPA prohibits state Departments of Motor Vehicle (DMVs) from releasing an individual’s
personal information obtained by the DMV in connection with a motor vehicle record, subject to
certain exceptions, such as a legitimate government need. Additionally, the DPPA requires
DMVs to obtain an individual’s consent to enable the sale or release of personal motor vehicle
record to a third-party marketer.
Violations of the DPPA are subject to criminal fine. Additionally, a private individual affected
by the improper disclosure or use of his or her personal information may bring a private civil
action against the violator.115
Family Educational Rights and Privacy Act (FERPA)116
FERPA protects the privacy of student’s education records. The law applies to any school that
receives applicable funds from the U.S. Department of Education. FERPA grants parents certain
rights respecting their child’s education records, and this privacy right transfers to the student
when he or she reaches age 18 or attends a post-secondary school.
Schools may disclose, without consent, directory information, such as a student’s name, address,
telephone number, birthday, place of birth, honors and awards, and dates of attendance.
However, schools must disclose and allow parents and students to opt out of the disclosure of
their directory information.
Schools must give an annual notice about rights granted by FERPA to affected parties.117
113
Federal Trade Commission, General Questions About the COPPA Rule: COPPA Enforcement, https://www.ftc.gov/tips-
advice/business-center/guidance/complying-coppa-frequently-asked-questions-0 (last visited Mar. 8, 2023).
114
18 U.S.C. §2721.
115
18 U.S.C. § 2724. See generally, Electronic Privacy Information Center, The Drivers Privacy Protection Act (DPPA) and
the Privacy of Your State Motor Vehicle Record, The Drivers Privacy Protection Act (DPPA) and the Privacy of Your State
Motor Vehicle Record – EPIC – Electronic Privacy Information Center (last visited Mar. 10, 2023).
116
20 U.S.C. §1232(g); 34 C.F.R. § 99.
117
U.S. Department of Education, Family Educational Rights and Privacy Act (FERPA), (Aug. 25, 2021)
https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html (last visited Mar. 10, 2023).
BILL: SB 262 Page 18
Federal Trade Commission Act (FTC Act)
The FTC protects consumer data privacy by acting under Section 5 of the FTC Act, which bars
unfair and deceptive acts and practices that affect commerce.118 Specifically, the FTC prosecutes
companies that act unfairly or deceptively when they gather, use, or disclose personal
information in a manner that contradicts their posted privacy policy or other statements, or fail to
implement reasonable data security safeguards.119
For example, the FTC prosecuted both Sears and Upromise for drafting misleading privacy
policies that did not fully disclose the extent to which a consumer’s online browsing would be
tracked.120
III. Effect of Proposed Changes:
Social Media Platforms
A social media platform is a form of electronic communication through which users create online
communities to share information, ideas, personal messages, and other content.
A Governmental entity is any state, county, district, authority, or municipal officer, department,
division, board, bureau, commission, or other separate unit of government created or established
by law.
SB 262 creates s. 112.23, F.S., to prohibit an officer or a salaried employee of a governmental
entity from using their position or any state resources to communicate with a social media
platform to request that it remove content or accounts from the social media platform.
Additionally, a governmental entity, or an officer or a salaried employee acting on behalf of a
governmental entity may not initiate or maintain any agreements or working relationships with a
social media platform for the purpose of content moderation.
The bill provides that the above prohibitions do not apply if the governmental entity or an officer
or a salaried employee acting on behalf of a governmental entity is acting as part of any of the
following:
Routine account management of the government entity’s account;
An attempt to remove content or an account that pertains to the commission of a crime or
violation of Florida’s public records law; or
An investigation or inquiry related to public safety.
118
15 U.S.C. § 1681. Federal Trade Commission, Privacy and Security Enforcement, https://www.ftc.gov/news-
events/media-resources/protecting-consumer-privacy/privacy-security-enforcement (last visited Mar. 10, 2023).
119
Stephen Mulligan, Wilson Freeman, Chris Linebaugh, CONGRESSIONAL RESEARCH SERVICE, Data Protection Law: An
Overview p. 30-35 (Mar. 25, 2019), https://crsreports.congress.gov/product/pdf/R/R45631 (last visited Mar. 10, 2023).
120
See, e.g., Federal Trade Commission, Membership Reward Service Upromise Penalized for Violating FTC Order (Mar.
17, 2017) Stephen Mulligan, Wilson Freeman, Chris Linebaugh, Congressional Research Service, Data Protection Law: An
Overview p. 42 (Mar. 25, 2019), https://crsreports.congress.gov/product/pdf/R/R45631 (last visited Mar. 10, 2023); and
Complaint In the Matter of Sears Holdings Mgmt Co., No. C-4264 (F.T.C. Aug. 31, 2009).
BILL: SB 262 Page 19
Consumer Data Privacy
The bill creates s. 501.173, F.S., to establish specific consumer rights over their personal
information when held by specific controllers or processors, including:
The right to access personal information that is collected about the individual consumer;
The right to delete or correct their personal information; and
The right to opt-out of the sale or sharing of their personal information with third parties.
A “consumer,” as defined by the bill, may exercise these rights. A consumer is any natural
person who resides in, or is domiciled in Florida, and who acts in his or her personal capacity or
household121 context. The bill does not contemplate individuals who act in a commercial or
employment context.
A controller that receives a verifiable consumer request to access, delete, correct, or opt-out must
comply with the request, with certain exceptions.
Personal Information
The bill defines personal information as information, including biometric, genetic, and unique
identifiers, that is linked, or reasonably capable of being linked, with a particular consumer or
household. The term includes:
Identifiers such as a real name, alias, postal address, unique identifier,122 online identifier,
internet protocol address, email address, account name, social security number, driver license
number, passport number, or other similar identifiers;
Information that identifies, relates to, or describes, or could be associated with, a particular
individual, including, but not limited to, a name, signature, social security number, physical
characteristics or description, address, location, telephone number, passport number, driver
license or state identification card number, insurance policy number, education, employment,
employment history, bank account number, credit card number, debit card number, or any
other financial information, medical information, or health insurance information;
Characteristics of protected classifications under state or federal law;
Commercial information, including records of personal property, products or services
purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
Biometric information;
Internet or other electronic network activity information, including, but not limited to,
browsing history, search history, and information regarding a consumer’s interaction with an
Internet website, application, or advertisement;
Geolocation data;
Audio, electronic, visual, thermal, olfactory, or similar information; and
Inferences drawn from any of the information used to create a profile about a consumer
reflecting the consumer’s preferences, characteristics, psychological trends, predispositions,
behavior, attitudes, intelligence, abilities, and aptitudes.
121
The bill defines “household” as a natural person or a group of peole in Florida who reside at the same address, share a
common device or the same service provided by a controller, and are identified by a controller as sharing the same group
account or unique device.
122
The bill defines “unique identifier” as a persisitent identifier that can be used to recognize a consumer, a family, or a
device that is linked to a consumer or a family, over time and across different services.
BILL: SB 262 Page 20
The term does not include:
Consumer employment contact information and similar information that is used only in an
employment context;
De-identified consumer information or aggregate consumer information; and
Publicly and lawfully available information reasonably believed to be made available to the
general public in a lawful manner and without legal restrictions.
Business Requirements
Controllers
A controller subject to the bill is any sole proprietorship partnership, limited liability company,
corporation, association, or legal entity that:
Is organized or operated for the profit or financial benefit of its shareholders or owners;
Does business in Florida;
Collects consumer personal information, or is the entity that directs such collection;
Determines the purpose and means of processing personal information about consumers,
alone or jointly with others;
Makes in excess of $1 billion in gross revenues, as adjusted in January of every odd-
numbered year to reflect any increase in the Consumer Price Index; and
Satisfies one of the following:
o Derives 50 percent or more of its global annual revenues from providing targeted
advertising123 or the sale of ads online; or
o Operates a consumer smart speaker and voice command component service with
an integrated virtual assistant connected to a cloud computing service that uses
hands-free verbal activation.124
Additionally, any entity that controls or is controlled by a controller is considered a controller for
the purposes of the bill.
Processors
A processor is a for-profit business that processes information on behalf of a controller pursuant
to a written contract. The contract between the controller and processor must prohibit the
processor from retaining, using, or disclosing the information for any reason other than that
stated in the contract, and as permitted by the bill.
A processor can only act pursuant to a contract between it and the controller. The contract must
include provisions that:
Prohibit the processor from selling, sharing, retaining, using, or disclosing the personal
information for any purpose that violates s. 501.173, F.S.;
Prohibit the processor from retaining, using, or disclosing the personal information other than
for the purposes specified in the contract or agreement;
123
The bill defines “targeted advertising” as marketing to a consumer or displaying an advertisement to a consumer when the
advertisement is selected based on personal information used to predict such consumer’s preferences or interests.
124
The bill clarifies that a consumer smart speaker and voice command component service does not include a motor vehicle
or speaker or device associated with or connected to a vehicle.
BILL: SB 262 Page 21
Prohibit the processor from combining the personal information that the processor receives
from or on behalf of the controller with personal information that the processor receives from
or on behalf of another person or that the processor collects from its own interaction with the
consumer, provided that the processor may combine personal information to perform any
purpose specified in the contract or agreement and such combination is reported to the
controller;
Govern the processor’s personal information processing procedures with respect to
processing performed on behalf of the controller, including processing instructions, the
nature and purpose of processing, the type of information subject to processing, the duration
of processing, and the rights and obligations of the controller and processor;
Require the processor to return or delete all personal information under the contract to the
controller as requested by the controller at the end of the provision of services, unless
retention of the information is required by law; and
Require the processor to make available to the controller all personal information in its
possession under the contract or agreement, pursuant to the controller’s request.
Additionally, the bill provides that determining whether a person is acting as a controller or
processor with respect to a specific processing of data is a fact-based determination. A contract
between a controller and processor must reflect their respective roles and relationships related to
handling personal information.
If the processor engages a subcontractor, it must require it to meet the same obligations it is
required to meet under the bill.
Third Parties
A third party is any person who is neither a controller, nor a processor. This may include
subcontractors required to engage in data processing, security auditors, or entities that partner
with web retail sites to allow consumers to pay in installments.
A third party is prohibited from selling or sharing personal information about a consumer unless
the consumer is provided an opportunity by such third party to opt out.
A third party that has collected personal information from a controller in accordance with the
requirements in this bill, may use such personal information to advertise or market products or
services that are produced or offered directly by such third party.
A third party that engages a subcontractor must require it to meet the same obligations it is
required to meet under the bill.
General Business Obligations
Generally, a controller that buys, sells, or shares Florida consumers’ personal information is
subject to the bill. The sale of personal information includes the transfer by any means, for actual
monetary or valuable consideration, of consumer personal information by a controller to another
controller or a third party. In contrast, a controller shares consumer personal information when it
transfers it by any means, or allows access to it, for the purpose of advertising or marketing. The
bill specifically includes in its definition of “sharing” (1) allowing a third party to advertise or
market to a consumer based on the consumer’s personal information, without the disclosure of
BILL: SB 262 Page 22
the personal information to the third party, and (2) transactions between a controller and third
party for advertising and marketing.
General Exemptions
Controllers, processors, and third parties may be exempt from the duties created by the bill,
depending on the manner in which they use consumer personal information.
The consumer data privacy provisions do not apply to personal information in the following
circumstances:
Used for transactional payments;
Deidentified or aggregate consumer information;
In compliance with federal, state, or local laws;
In compliance with a civil, criminal, or regulatory inquiry, investigation, subpoena, or
summons by federal, state, or local authorities;
In cooperation with law enforcement agencies concerning conduct reasonably believed to
violate laws;
For the purpose of exercising or defending legal rights, claims, or privileges;
Collected through direct interactions with the consumer, which is used for advertising or
marketing services to advertise or market products or services that are produced or offered
directly by the controller;
Pertaining to a job applicant, employee, owner, director, officer, contractor, volunteer, or
intern of a controller, to the extent the personal information is collected and used solely
within the context of the person’s role or former role with the controller;
Pertaining to protected health information for purposes of the federal Health Insurance
Portability and Accountability Act (HIPPA) of 1996 and related regulations;
By a covered entity or business associate governed by the privacy, security, and breach
notification rules issued by the U.S. Department of Health and Human Services in 45 C.F.R.
parts 160 and 164, or a program or a qualified service program defined in 42 C.F.R. part 2;
For purposes of research as defined in 45 C.F.R. s. 164.501, conducted in accordance with
the Federal Policy for the Protection of Human Subjects for purposes of 45 C.F.R. part 46,
the good clinical practice guidelines issued by the International Council for Harmonisation of
Technical Requirements for Pharmaceuticals for Human Use, or the Protection for Human
Subjects for purposes of 21 C.F.R. Parts 50 and 56; or personal information used or shared in
research conducted in accordance with one or more of these standards;
For purposes of compliance with the federal Health Care Quality Improvement Act of 1986
and related regulations, or patient safety work product for purposes of 42 C.F.R. part 3,
established pursuant to 42 U.S.C. s. 299b-21 through 299b-26;
Is deidentified in accordance with 45 C.F.R. part 164 and that is derived from individually
identifiable health information, as described in HIPAA, or identifiable personal information,
consistent with the Federal Policy for the Protection of Human Subjects or the human subject
protection requirements of the United States Food and Drug Administration;
Used only for public health activities and purposes as described in 45 C.F.R. s. 164.512;
That is collected, processed, sold, or disclosed pursuant to the federal Fair Credit Reporting
Act, 15 U.S.C. s. 1681 and its implementing regulations;
BILL: SB 262 Page 23
That is nonpublic personal information collected, processed, sold, or disclosed pursuant to
the Gramm-Leach-Bliley Act, 15 U.S.C. s. 6801 et seq. and implementing regulations;
By a financial institution, as defined in the Gramm-Leach-Bliley Act, 15 U.S.C. ss. 6801 et
seq.;
That is collected, processed, sold, or disclosed pursuant to the federal Driver's Privacy
Protection Act of 1994, 18 U.S.C. ss. 2721 et. seq.;
That consists of education information covered by the Family Educational Rights and
Privacy Act, 20 U.S.C. s. 1232(g) and 34 C.F.R. part 99;
That is collected as part of public or peer-reviewed scientific or statistical research in the
public interest and which adheres to all other applicable ethics and privacy laws, if the
consumer has provided informed consent;
Disclosed for the purpose of responding to an alert of a present risk of harm to a person or
property or prosecuting those responsible for such activity;
Disclosed when a consumer uses or directs a controller to intentionally disclose information
to a third party or uses the controller to intentionally interact with a third party;
That is an identifier used for a consumer how has opted out of the sale or sharing of the
consumer’s personal information for the sole purpose of alerting processors and third parties
that the consumer has opted out of the sale or sharing of the consumer’s personal
information;
Transferred by a controller to a third party as an asset that is part of a merger, acquisition,
bankruptcy, or other transaction in which the third party assumes control of all or part of the
controller, provided that the information is used or shared consistently;
Necessary to fulfill the terms of a written warranty when such warranty was purchased by the
consumer or the product that is warranted was purchased by the consumer;
Necessary for a product recall for a product purchased or owned by the consumer conducted
in accordance with federal law;
Processed solely for the purposed of independently measuring or reporting advertising or
content performance, reach, or frequency pursuant to a contract with a controller that
collected personal information in accordance with this bill;
Shared between a manufacturer of a tangible product and authorized third party distributors
or vendors of the product, as long as such information is used solely for advertising,
marketing, or servicing the product that is acquired directly through such manufacturer and
such authorized third party distributors or vendors.
Online Privacy Policy
Controllers that collect personal information about a consumer must maintain a current online
privacy policy that is available on the controller’s homepage.125 The privacy policy must include:
Any Florida-specific consumer privacy rights;
The types and categories of personal information that they collect, sell, or share, or have
collected, sold, or shared in the past about consumers;
125
The bill defines “homepage” as the introductrory page of an Internet website and any Internet webpage where personal
information is collected. In the case of a mobile application, the homepage is the application’s platform page or download
page, a link within the application, such as “About” or “Information” application configurations, or the settings page, and any
other location that allows consumers to review the notice required by the bill, but not limited to, before downloading the
application.
BILL: SB 262 Page 24
The consumer’s right to request deletion or correction of certain personal information; and
The consumer’s right to opt out of the sale or sharing of their personal information to third
parties.
A controller that collects personal information must at or before the point of collection, inform
the consumer of the categories of personal information that it will collect, and the purposes for
which the categories of information will be used. Additionally, such controllers cannot expand
the scope of their collection of personal information or use that personal information outside of
its initially expressed purpose without first providing the consumer with additional notice
consistent with the requirements of the bill.
Notice of Retention of Personal Information
A controller must adopt and implement a retention schedule that prohibits the use or retention of
personal information by the controller or processor:
After the satisfaction of the initial purpose for which the information was collected or
obtained;
After the expiration or termination of the contract pursuant to which the information was
collected or obtained; or
2 years after the consumer’s last interaction with the controller.
The retention schedule requirement does not apply to personal information that is reasonably
used or retained to do any of the following:
Fulfill the terms of a written warranty or product recall conducted in accordance with federal
law;
Provide a good or service requested by the consumer, or reasonably anticipate the request of
such good or service within the context of a controller’s ongoing business relationship with
the consumer;
Detect security threats or incidents; protect against malicious, deceptive, fraudulent,
unauthorized, or illegal activity or access; or prosecute those responsible for such activities.
Debug to identify and repair errors that impair existing functionality;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public’s
interest that adheres to all applicable ethics and privacy laws when the controller’s deletion
would likely render impossible or seriously impair the achievement of the research, if the
consumer first provided informed consent;
Enable internal uses that are reasonably aligned with the expectations of the consumer based
on the relationship with the controller or that are compatible with the context in which the
consumer gave the information;
Comply with a legal obligation, including any state or federal retention laws;
Protect the controller’s interest against existing disputes, legal actions, or governmental
investigations; or
Assure the physical security of persons or property.
Data Security
A controller that collects a consumer’s personal information must implement and maintain
reasonable security procedures and practices to protect personal information from unauthorized
BILL: SB 262 Page 25
or illegal access, destruction, use, modification, or disclosure. Additionally, a controller must
require any processors to implement and maintain the same or similar security procedures and
practices.
Consumer Rights Based on the Sale of Personal Information
The bill establishes specific consumer rights regarding their personal information, including:
The right to access personal information that was collected about them;
The right to delete or correct their personal information; and
The right to opt-out of the sale or sharing of their personal information with third parties.
The bill prohibits as contrary to public policy any waiver or limitation of a consumer’s rights as
provided by the bill, including the waiver or limitation of the consumer’s right to a remedy or
means of enforcement.
Verifiable Requests
A consumer must make a verifiable request to exercise their rights to know, delete, or correct,
their collected personal information.
A “verifiable consumer request” is defined as a request that is submitted to a controller by:
A consumer;
A parent or guardian on behalf of a consumer who is a minor child; or
A person authorized by the consumer to act on the consumer’s behalf.
A verifiable consumer request is presumed to have been made when requested through an
established account using the controller’s established security features to access the account
through communication features offered to consumers. However, a controller may not require the
consumer to create or have an account with the controller in order to make a verifiable consumer
request.
Right to Request a Copy of Personal Information that is Collected, Sold, or Shared
The bill grants consumers the right to request an accounting of certain information from a
controller who collects, sells, or shares their personal information. Within 45 calendar days of its
receipt of the request, the controller must respond with the following information in a readily
usable format:
The specific pieces of personal information collected about the consumer;
The categories of sources from which the consumer’s personal information was collected;
The specific pieces of personal information about the consumer that were sold or shared;
The third parties to which the controller sold or shared the consumer’s personal information;
and
The categories of consumer personal information that were disclosed to a processor.
The controller may extend their response period by an additional 45 calendar days (for a total of
90 calendar days) if they inform the consumer of the extension within the first 45 days from
receipt of the request. This right does not apply to information that relates solely to households.
BILL: SB 262 Page 26
Additionally, the controller is not required to provide the above-requested information more than
twice in a 12-month period.
This right to request a copy of personal information does not otherwise require controllers to
retain, reidentify, or link data that they would not maintain in their ordinary course of business.
Additionally, a controller is permitted to provide the data to the consumer in a manner that does
not disclose the controller’s trade secrets.
Right to Delete and Correct Personal Information
A consumer may request that a controller delete personal information that it collected about the
consumer or about the consumer’s child younger than 18 years old. After the business receives
such a request, it must delete the information and direct any processors the delete the information
within 90 days.
A consumer may request to correct personal information about the consumer or about the
consumer’s child younger than 18 years old that is held by a controller. The controller must use
commercially reasonable efforts to correct the inaccurate information as directed by the
consumer and direct any processor to correct it as well within 90 days of the request. A controller
can allow a consumer to correct information through a self-service mechanism.
Controllers and processors acting pursuant to a contract with the controller are not required to
comply with a request to delete or correct information if it is necessary to:
Complete the transaction for which the personal information was collected;
Fulfill the terms of a written warranty or product recall that is conducted in accordance with
federal law;
Detect security threats or incidents; protect against malicious, deceptive, fraudulent,
unauthorized, or illegal activity or access; or prosecute those responsible for such activity;
Debug and identify repair errors;
Engage in public or peer-reviewed scientific, historical, or statistical research that is
performed in accordance with applicable ethical standards and privacy laws—only when the
deletion of the consumer’s personal information would render such research impossible or
seriously impaired and where the consumer previously provided informed consent;
Enable solely internal uses that are reasonably aligned with the expectations of the consumer
based on the consumer’s relationship with the controller;
Comply with a legal obligation, including state or federal retention laws;
Reasonably protect the controller’s interests against existing disputes, legal action, or
governmental investigation; or
Assure the physical security of persons or property.
Additionally, a controller and contracted-processor are not required to comply with a request to
delete a consumer’s personal information if it is required to:
Provide a good or service requested by the consumer, or reasonably anticipate the request of
a good or service within the context of the controller’s ongoing business relationship with the
consumer, or otherwise perform a contract between the controller and consumer; or
BILL: SB 262 Page 27
Engage in public or peer-reviewed research that adheres to applicable ethics and privacy
laws, if the deletion would likely render impossible, or seriously impair the research, and if
the consumer initially provided informed consent.
Right to Opt Out of the Sale or Sharing of Personal Information
The bill creates a “right to opt out,” which allows a consumer to instruct a controller that sells
personal information to a third party not to sell their personal information. A controller must stop
selling and sharing the consumer’s personal information within 4 calendar days after it receives
an opt-out request, and cannot begin to sell or share the consumer personal information again
unless it receives subsequent express authorization. Additionally, a controller is prohibited from
selling or sharing the personal information of a minor consumer if the controller has actual
knowledge that the consumer is not at least 18 years old. However, if a consumer who is between
13 and 18 years old, or if the parent or guardian of a consumer who is 12 years old or younger,
has affirmatively authorized the sale or sharing of such consumer’s personal information, then a
controller may do so pursuant to the requirements under the bill.
The controller must provide a clear and accessible link on its homepage to consumer’s entitled
“Do Not Sell or Share My Personal Information” to allow the consumer to opt out. The
controller cannot require a consumer to create an account. A consumer’s opt out request may
also be made through a user-enabled global privacy control, e.g., a browser plug-in or privacy
setting. Any personal information collected from the consumer in connection with an opt out
request must solely be used to comply with such request. Additionally, a consumer may
authorize another person to opt out on the consumer’s behalf.
The controller must respect the consumer’s opt out request for at least 12-months before it can
request the consumer’s authorization of the sale or sharing of consumer personal information
again.
Incentives for Consent to Sell or Share Personal Information
A controller cannot deny goods or services to a consumer because the consumer exercised any
rights under the bill.
A controller can charge a consumer who exercised any of the rights granted by the bill a different
price or rate, or provide a different level or quality of goods or services to the consumer, only if
that difference is:
Reasonably related to the value provided to the controller by the consumer’s data, or
Related to a consumer’s voluntary participation in a financial incentive program, including
loyalty, rewards, premium features, discounts, or club card program that is offered by the
controller.
A controller can offer additional benefits to consumers who participate in the collection, sharing,
sale, or deletion of personal information. This consent must have been granted based on a clear
description of the material terms of the incentive program, and the consumer must be permitted
to revoke his or her consent at any time. The discount or promotional item must be reasonably
BILL: SB 262 Page 28
related to the value the consumer’s data provides to the business and must not be unjust,
unreasonable, coercive, or usurious.
Surveillance
A controller is prohibited from collecting a consumer’s precise geolocation data or personal
information through the operation of a voice recognition feature, unless the consumer provides
authorization.
Precise geolocation data is information from technology, such as global positioning system level
latitude and longitude coordinates or other mechanisms, which directly identifies the specific
location of a person within a radius of 1,750 feet. However, the term does not include
information generated by the transmission of communications or any information generated by
or connected to advance utility metering infrastructure systems.
A voice recognition feature means the function of a device which enables the collection,
recording, storage, analysis, transmission, interpretation, or other use of spoken words or other
sounds.
Search Engine Transparency
A controller that operates a search engine must provide a consumer with information of how the
controller’s search engine algorithm prioritizes or deprioritizes political partisanship or political
ideology in its search results.
Agency Enforcement and Implementation
The Department of Legal Affairs (DLA) may prosecute on behalf of a Florida consumer any
violation of the consumer data privacy provisions in section 2 of the bill as a deceptive and
unfair trade practice, pursuant to the Florida Deceptive and Unfair Trade Practices Act
(FDUTPA).126
The DLA may provide suspected controller, processor, or third party violators a right to cure
their violation by providing written notice of the violation and then allowing a 45-day period to
cure the alleged violation. However, the DLA cannot offer a right to cure based on an alleged
violation that involves a Florida consumer who the controller, processor, or third party has actual
knowledge is under 18 years old. If the alleged violator cures the violation to the satisfaction of
the DLA, the DLA may issue a letter of guidance. If the violator fails to cure within 45 days, the
DLA may commence enforcement against the controller, processor, or third party.
The court may:
Grant injunctive relief;127
Award actual damages based on the violation;128
Award a civil penalty of not more than $50,000 for each violation; and
126
For the purpose of brining an action pursuant to this bill ss. 501.211 and 501.212, F.S., do not apply.
127
Section 501.207(1), F.S.
128
Section 501.207(1), F.S.
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Triple the civil penalty if the violation:
o Involves a Florida consumer who the controller, processor, or third party has actual
knowledge is 18 years of age or younger, or
o Is based on a controller’s, processor’s, or third party’s failure to delete or correct the
consumer’s personal information after receiving a verifiable request to delete or correct,
unless otherwise exempt; or
o Is based on the controller’s, processor’s, or third party’s continued sale or sharing of the
consumer’s personal information after the consumer opted out.
The bill grants the DLA rulemaking authority to implement the bill, including the adoption of
standards for verifiable consumer requests, enforcement, data security, and authorized persons
who may act on a consumer’s behalf. The DLA may employ or use the legal services of outside
counsel and the investigative services of outside personnel. Additionally, the DLA may
collaborate and cooperate with other enforcement authorities of the federal government or other
state governments if such enforcement authorities have restrictions governing confidentiality that
are at least as stringent as the restrictions in this bill.
Liability for a tort, contract claim, or consumer protection claim that is unrelated to an action
brought under the bill does not arise solely from the failure of a controller, processor, or third
party to comply with this bill.
The bill provides that there is not a private cause of action for the consumer data privacy
provisions in section 2 of the bill.
The bill requires all money recovered by the Attorney General for attorney fees, costs, and
penalties in an action for a violation of this bill must be deposited in the Legal Affairs Revolving
Trust fund.
Report by the Department of Legal Affairs
The bill requires the DLA to submit a report by February 1 each year to the President of the
Senate and the Speaker of the House of Representatives that describes any actions it has
undertaken to enforce the bill. The report must include statistics and relevant information that
details:
The number of complaints received and the categories or types of violations alleged by the
complainant;
The number and type of enforcement actions taken and the outcomes of such action;
The number of complaints resolved without the need for litigation; and
The status of the development and implementation of rules to implement the bill.
Preemption
The bill provides that consumer data privacy is a matter of statewide concern and the bill
supersedes all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city
and county, municipality, or local agency regarding the collection, processing, sharing, or sale of
consumer personal information by a controller or processor. The regulation of the collection,
BILL: SB 262 Page 30
processing, sharing, or sale of consumer personal information by a controller or processor is
preempted to the state.
Florida Information Protection Act
The bill amends s. 501.171, F.S., to define “biometric information” as an individual's
physiological, biological, or behavioral characteristics that can be used, singly or in combination
with each other or with other identifying data, to establish individual identity. The term includes,
but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and
voice recordings, from which an identifier template, such as a face print, a minutiae template, or
a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and
sleep, health, or exercise data that contain identifying information.
The bill defines “genetic information” as an individual's deoxyribonucleic acid (DNA).
The bill includes biometric information, genetic information, and geolocation in FIPA’s
definition of “personal information” so that covered entities are required to notify the affected
individual, the DLA, and credit reporting agencies of a breach of biometric information or
geolocation paired with an individual’s first name or first initial and last name.
Effective Date
The bill takes effect on 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.
BILL: SB 262 Page 31
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
This will likely have wide-ranging impact on how Florida consumers interact with
websites and internet-connected devices.
Businesses will have to adjust their operations to implement the bill’s notice and privacy
requirements. Many of the businesses subject to the bill’s requirements may have already
implemented or are in the process of implementing similar privacy practices based on
legislation in other states, and the E.U.
Search engines will have to provide information to consumers on how the search engine
prioritizes or deprioritizes certain information.
C. Government Sector Impact:
Governmental entities may have to update their policies to reflect the prohibitions in the
bill.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
The bill substantially amends the following sections of the Florida Statutes: 16.53 and 501.171.
This bill creates the following sections of the Florida Statutes: 112.23 and 501.173.
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.
BILL: SB 262 Page 32
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 262 Bill No. SB 262
Ì164120cÎ164120 Ì164120cÎ164120
LEGISLATIVE ACTION 11 with a social media platform for the purpose of content
Senate . House 12 moderation.
. 13 (4) Subsections (2) and (3) do not apply if the
. 14 governmental entity or an officer or a salaried employee acting
. 15 on behalf of a governmental entity is acting as part of any of
. 16 the following:
. 17 (a) Routine account management of the governmental entity’s
18 account.
19 (b) An attempt to remove content that pertains to the
20 commission of a crime or violation of this state’s public
21 records law.
22 (c) An attempt to remove an account that pertains to the
23 commission of a crime or violation of this state’s public
24 records law.
25 (d) An investigation or inquiry related to public safety.
The Committee on Commerce and Tourism (Bradley) recommended the
following:
1 Senate Amendment
2
3 Delete lines 92 - 108
4 and insert:
5 communicate with a social media platform to request the social
6 media platform to remove content or accounts from the social
7 media platform.
8 (3) A governmental entity, or an officer or a salaried
9 employee acting on behalf of a governmental entity, may not
10 initiate or maintain any agreements or working relationships
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By Senator Bradley
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1 A bill to be entitled 30 controller has collected about the consumer; requiring
2 An act relating to technology transparency; creating 31 controllers to make available two or more methods for
3 s. 112.23, F.S.; defining terms; prohibiting officers 32 consumers to request their personal information;
4 or salaried employees of governmental entities from 33 requiring controllers to provide such information free
5 using their positions or state resources to make 34 of charge within a certain timeframe and in a certain
6 certain requests of social media platforms; 35 format upon receiving a verifiable consumer request;
7 prohibiting governmental entities from initiating or 36 specifying requirements for third parties with respect
8 maintaining agreements or working relationships with 37 to consumer information acquired or used; providing
9 social media platforms under a specified circumstance; 38 construction; authorizing consumers to request
10 providing exceptions; creating s. 501.173, F.S.; 39 controllers to delete or correct personal information
11 providing applicability; defining terms; prohibiting a 40 collected by the controllers; providing exceptions;
12 controller from collecting certain consumer 41 specifying requirements for controllers to comply with
13 information without the consumer’s authorization; 42 deletion or correction requests; authorizing consumers
14 requiring controllers that collect a consumer’s 43 to opt out of third-party disclosure of personal
15 personal information to disclose certain information 44 information collected by a controller; prohibiting
16 regarding data collection and selling practices to the 45 controllers from selling or disclosing the personal
17 consumer at or before the point of collection; 46 information of consumers younger than a certain age,
18 specifying that such information may be provided 47 except under certain circumstances; prohibiting
19 through a general privacy policy or through a notice 48 controllers from selling or sharing a consumer’s
20 informing the consumer that additional specific 49 information if the consumer has opted out of such
21 information will be provided upon a certain request; 50 disclosure; prohibiting controllers from taking
22 prohibiting controllers from collecting additional 51 certain actions to retaliate against consumers who
23 categories of personal information or using personal 52 exercise certain rights; providing applicability;
24 information for additional purposes without notifying 53 providing that a contract or agreement that waives or
25 the consumer; requiring controllers that collect 54 limits certain consumer rights is void and
26 personal information to implement reasonable security 55 unenforceable; authorizing the Department of Legal
27 procedures and practices to protect such information; 56 Affairs to bring an action under the Florida Deceptive
28 authorizing consumers to request controllers to 57 and Unfair Trade Practices Act and to adopt rules;
29 disclose the specific personal information the 58 requiring the department to submit an annual report to
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59 the Legislature; providing report requirements; 88 agency, person, partnership, corporation, or business entity
60 providing that controllers must have a specified 89 acting on behalf of any public agency.
61 timeframe to cure any violations; providing 90 (2) An officer or a salaried employee of a governmental
62 jurisdiction; declaring that the act is a matter of 91 entity may not use his or her position or any state resources to
63 statewide concern; preempting the collection, 92 communicate with a social media platform to request that it
64 processing, sharing, and sale of consumer personal 93 remove content or accounts from the social media platform.
65 information to the state; amending s. 501.171, F.S.; 94 (3) A governmental entity, or an officer or a salaried
66 revising the definition of “personal information”; 95 employee acting on behalf of a governmental entity, may not
67 amending s. 16.53, F.S.; requiring that certain 96 initiate or maintain any agreements or working relationships
68 attorney fees, costs, and penalties recovered by the 97 with a social media platform for the purpose of content
69 Attorney General be deposited in the Legal Affairs 98 moderation.
70 Revolving Trust Fund; providing an effective date. 99 (4) Subsections (2) and (3) do not apply if the
71 100 governmental entity or an officer or a salaried employee acting
72 Be It Enacted by the Legislature of the State of Florida: 101 on behalf of a governmental entity is acting as part of any of
73 102 the following:
74 Section 1. Section 112.23, Florida Statutes, is created to 103 (a) Routine account management of the governmental entity’s
75 read: 104 account.
76 112.23 Government-directed content moderation of social 105 (b) An attempt to remove content or an account that
77 media platforms prohibited.— 106 pertains to the commission of a crime or violation of this
78 (1) As used in this section, the term: 107 state’s public records law.
79 (a) “Social media platform” means a form of electronic 108 (c) An investigation or inquiry related to public safety.
80 communication through which users create online communities to 109 Section 2. Section 501.173, Florida Statutes, is created to
81 share information, ideas, personal messages, and other content. 110 read:
82 (b) “Governmental entity” means any state, county, 111 501.173 Consumer data privacy.—
83 district, authority, or municipal officer, department, division, 112 (1) APPLICABILITY.—This section does not apply to:
84 board, bureau, commission, or other separate unit of government 113 (a) Personal information collected and transmitted which is
85 created or established by law, including, but not limited to, 114 necessary for the sole purpose of sharing such personal
86 the Commission on Ethics, the Public Service Commission, the 115 information with a financial service provider solely to
87 Office of Public Counsel, and any other public or private 116 facilitate short term, transactional payment processing for the
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117 purchase of products or services. 146 (i) Protected health information for purposes of the
118 (b) Personal information collected, used, retained, sold, 147 federal Health Insurance Portability and Accountability Act of
119 shared, or disclosed as deidentified personal information or 148 1996 and related regulations, and patient identifying
120 aggregate consumer information. 149 information for purposes of 42 C.F.R. part 2, established
121 (c) Compliance with federal, state, or local laws. 150 pursuant to 42 U.S.C. s. 290dd-2.
122 (d) Compliance with a civil, criminal, or regulatory 151 (j) An entity or business associate governed by the
123 inquiry, investigation, subpoena, or summons by federal, state, 152 privacy, security, and breach notification rules issued by the
124 or local authorities. 153 United States Department of Health and Human Services in 45
125 (e) Cooperation with law enforcement agencies concerning 154 C.F.R. parts 160 and 164, or a program or a qualified service
126 conduct or activity that the controller, processor, or third 155 program as defined in 42 C.F.R. part 2, to the extent the
127 party reasonably and in good faith believes may violate federal, 156 entity, business associate, or program maintains personal
128 state, or local law. 157 information in the same manner as medical information or
129 (f) Exercising or defending legal rights, claims, or 158 protected health information as described in paragraph (i), and
130 privileges. 159 as long as the entity, business associate, or program does not
131 (g) Personal information collected through the controller’s 160 use personal information for targeted advertising with third
132 direct interactions with the consumer, if collected in 161 parties and does not sell or share personal information to a
133 accordance with this section, which is used by the controller or 162 third party unless such sale or sharing is covered by an
134 the processor that the controller directly contracts with for 163 exception under this section.
135 advertising or marketing services to advertise or market 164 (k) Identifiable private information collected for purposes
136 products or services that are produced or offered directly by 165 of research as defined in 45 C.F.R. s. 164.501 conducted in
137 the controller. Such information may not be sold, shared, or 166 accordance with the Federal Policy for the Protection of Human
138 disclosed unless otherwise authorized under this section. 167 Subjects for purposes of 45 C.F.R. part 46, the good clinical
139 (h) Personal information of a person acting in the role of 168 practice guidelines issued by the International Council for
140 a job applicant, employee, owner, director, officer, contractor, 169 Harmonisation of Technical Requirements for Pharmaceuticals for
141 volunteer, or intern of a controller which is collected by a 170 Human Use, or the Federal Policy for the Protection for Human
142 controller, to the extent the personal information is collected 171 Subjects for purposes of 21 C.F.R. parts 50 and 56, or personal
143 and used solely within the context of the person’s role or 172 information used or shared in research conducted in accordance
144 former role with the controller. For purposes of this paragraph, 173 with one or more of these standards.
145 personal information includes employee benefit information. 174 (l) Information and documents created for purposes of the
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175 federal Health Care Quality Improvement Act of 1986 and related 204 disclosed pursuant to the federal Driver’s Privacy Protection
176 regulations, or patient safety work product for purposes of 42 205 Act of 1994, 18 U.S.C. s. 2721 et seq.
177 C.F.R. part 3, established pursuant to 42 U.S.C. s. 299b-21 206 (s) Education information covered by the Family Educational
178 through 299b-26. 207 Rights and Privacy Act, 20 U.S.C. s. 1232(g) and 34 C.F.R. part
179 (m) Information that is deidentified in accordance with 45 208 99.
180 C.F.R. part 164 and derived from individually identifiable 209 (t) Information collected as part of public or peer-
181 health information as described in the Health Insurance 210 reviewed scientific or statistical research in the public
182 Portability and Accountability Act of 1996, or identifiable 211 interest and which adheres to all other applicable ethics and
183 personal information, consistent with the Federal Policy for the 212 privacy laws, if the consumer has provided informed consent.
184 Protection of Human Subjects or the human subject protection 213 Research with personal information must be subjected by the
185 requirements of the United States Food and Drug Administration. 214 controller conducting the research to additional security
186 (n) Information used only for public health activities and 215 controls that limit access to the research data to only those
187 purposes as described in 45 C.F.R. s. 164.512. 216 individuals necessary to carry out the research purpose, and
188 (o) Personal information collected, processed, sold, or 217 such personal information must be subsequently deidentified.
189 disclosed pursuant to the federal Fair Credit Reporting Act, 15 218 (u) Personal information disclosed for the purpose of
190 U.S.C. s. 1681 and implementing regulations. 219 responding to an alert of a present risk of harm to a person or
191 (p) Nonpublic personal information collected, processed, 220 property or prosecuting those responsible for that activity.
192 sold, or disclosed pursuant to the Gramm-Leach-Bliley Act, 15 221 (v) Personal information disclosed when a consumer uses or
193 U.S.C. s. 6801 et seq., and implementing regulations. 222 directs a controller to intentionally disclose information to a
194 (q) A financial institution as defined in the Gramm-Leach- 223 third party or uses the controller to intentionally interact
195 Bliley Act, 15 U.S.C. s. 6801 et seq., to the extent the 224 with a third party. An intentional interaction occurs when the
196 financial institution maintains personal information in the same 225 consumer intends to interact with the third party, by one or
197 manner as nonpublic personal information as described in 226 more deliberate interactions. Hovering over, muting, pausing, or
198 paragraph (p), and as long as such financial institution does 227 closing a given piece of content does not constitute a
199 not use personal information for targeted advertising with third 228 consumer’s intent to interact with a third party.
200 parties and does not sell or share personal information to a 229 (w) An identifier used for a consumer who has opted out of
201 third party unless such sale or sharing is covered by an 230 the sale or sharing of the consumer’s personal information for
202 exception under this section. 231 the sole purpose of alerting processors and third parties that
203 (r) Personal information collected, processed, sold, or 232 the consumer has opted out of the sale or sharing of the
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233 consumer’s personal information. 262 a tangible product and authorized third-party distributors or
234 (x) Personal information transferred by a controller to a 263 vendors of the product, as long as such personal information is
235 third party as an asset that is part of a merger, acquisition, 264 used solely for advertising, marketing, or servicing the product
236 bankruptcy, or other transaction in which the third party 265 that is acquired directly through such manufacturer and such
237 assumes control of all or part of the controller, provided that 266 authorized third-party distributors or vendors. Such personal
238 the information is used or shared consistently with this 267 information may not be sold or shared unless otherwise
239 section. If a third party materially alters how it uses or 268 authorized under this section.
240 shares the personal information of a consumer in a manner that 269 (2) DEFINITIONS.—As used in this section, the term:
241 is materially inconsistent with the commitments or promises made 270 (a) “Aggregate consumer information” means information that
242 at the time of collection, it must provide prior notice of the 271 relates to a group or category of consumers, from which the
243 new or changed practice to the consumer. The notice must be 272 identity of an individual consumer has been removed and is not
244 sufficiently prominent and robust to ensure that consumers can 273 reasonably capable of being directly or indirectly associated or
245 easily exercise choices consistent with this section. 274 linked with any consumer, household, or device. The term does
246 (y) Personal information necessary to fulfill the terms of 275 not include information about a group or category of consumers
247 a written warranty when such warranty was purchased by the 276 used to facilitate targeted advertising or the display of ads
248 consumer or the product that is warranted was purchased by the 277 online. The term does not include personal information that has
249 consumer. Such information may not be sold or shared unless 278 been deidentified.
250 otherwise authorized under this section. 279 (b) “Biometric information” means an individual’s
251 (z) Personal information necessary for a product recall for 280 physiological, biological, or behavioral characteristics that
252 a product purchased or owned by the consumer conducted in 281 can be used, singly or in combination with each other or with
253 accordance with federal law. Such information may not be sold or 282 other identifying data, to establish individual identity. The
254 shared unless otherwise authorized under this section. 283 term includes, but is not limited to, imagery of the iris,
255 (aa) Personal information processed solely for the purpose 284 retina, fingerprint, face, hand, palm, vein patterns, and voice
256 of independently measuring or reporting advertising or content 285 recordings, from which an identifier template, such as a
257 performance, reach, or frequency pursuant to a contract with a 286 faceprint, a minutiae template, or a voiceprint, can be
258 controller that collected personal information in accordance 287 extracted, and keystroke patterns or rhythms, gait patterns or
259 with this section. Such information may not be sold or shared 288 rhythms, and sleep, health, or exercise data that contain
260 unless otherwise authorized under this section. 289 identifying information.
261 (bb) Personal information shared between a manufacturer of 290 (c) “Collect” means to buy, rent, gather, obtain, receive,
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291 or access any personal information pertaining to a consumer by 320 component service with an integrated virtual assistant connected
292 any means. The term includes, but is not limited to, actively or 321 to a cloud computing service that uses hands-free verbal
293 passively receiving information from the consumer or by 322 activation. For purposes of this sub-sub-subparagraph, a
294 observing the consumer’s behavior or actions. 323 consumer smart speaker and voice command component service does
295 (d) “Consumer” means a natural person who resides in or is 324 not include a motor vehicle or speaker or device associated with
296 domiciled in this state, however identified, including by any 325 or connected to a vehicle.
297 unique identifier, who is acting in a personal capacity or 326 2. Any entity that controls or is controlled by a
298 household context. The term does not include a natural person 327 controller. As used in this subparagraph, the term “control”
299 acting on behalf of a legal entity in a commercial or employment 328 means:
300 context. 329 a. Ownership of, or the power to vote, more than 50 percent
301 (e) “Controller” means: 330 of the outstanding shares of any class of voting security of a
302 1. A sole proprietorship, partnership, limited liability 331 controller;
303 company, corporation, association, or legal entity that meets 332 b. Control in any manner over the election of a majority of
304 the following requirements: 333 the directors, or of individuals exercising similar functions;
305 a. Is organized or operated for the profit or financial 334 or
306 benefit of its shareholders or owners; 335 c. The power to exercise a controlling influence over the
307 b. Does business in this state; 336 management of a company.
308 c. Collects personal information about consumers, or is the 337 (f) “Deidentified” means information that cannot reasonably
309 entity on behalf of which such information is collected; 338 be used to infer information about or otherwise be linked to a
310 d. Determines the purposes and means of processing personal 339 particular consumer, provided that the controller that possesses
311 information about consumers alone or jointly with others; 340 the information:
312 e. Makes in excess of $1 billion in gross revenues, as 341 1. Takes reasonable measures to ensure that the information
313 adjusted in January of every odd-numbered year to reflect any 342 cannot be associated with a specific consumer;
314 increase in the Consumer Price Index; and 343 2. Maintains and uses the information in deidentified form
315 f. Satisfies one of the following: 344 and does not attempt to reidentify the information, except that
316 (I) Derives 50 percent or more of its global annual 345 the controller may attempt to reidentify the information solely
317 revenues from providing targeted advertising or the sale of ads 346 for the purpose of determining whether its deidentification
318 online; or 347 processes satisfy the requirements of this paragraph;
319 (II) Operates a consumer smart speaker and voice command 348 3. Contractually obligates any recipients of the
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349 information to comply with all this paragraph to avoid 378 a. Identifiers such as a real name, alias, postal address,
350 reidentifying such information; and 379 unique identifier, online identifier, internet protocol address,
351 4. Implements business processes to prevent the inadvertent 380 email address, account name, social security number, driver
352 release of deidentified information. 381 license number, passport number, or other similar identifiers.
353 (g) “Department” means the Department of Legal Affairs. 382 b. Information that identifies, relates to, or describes,
354 (h) “Device” means a physical object associated with a 383 or could be associated with, a particular individual, including,
355 consumer or household capable of directly or indirectly 384 but not limited to, a name, signature, social security number,
356 connecting to the Internet. 385 physical characteristics or description, address, location,
357 (i) “Genetic information” means information about an 386 telephone number, passport number, driver license or state
358 individual’s deoxyribonucleic acid (DNA). 387 identification card number, insurance policy number, education,
359 (j) “Homepage” means the introductory page of an Internet 388 employment, employment history, bank account number, credit card
360 website and any Internet webpage where personal information is 389 number, debit card number, or any other financial information,
361 collected. In the case of a mobile application, the homepage is 390 medical information, or health insurance information.
362 the application’s platform page or download page, a link within 391 c. Characteristics of protected classifications under state
363 the application, such as the “About” or “Information” 392 or federal law.
364 application configurations, or the settings page, and any other 393 d. Commercial information, including records of personal
365 location that allows consumers to review the notice required by 394 property, products or services purchased, obtained, or
366 subsection (7), including, but not limited to, before 395 considered, or other purchasing or consuming histories or
367 downloading the application. 396 tendencies.
368 (k) “Household” means a natural person or a group of people 397 e. Biometric information.
369 in this state who reside at the same address, share a common 398 f. Internet or other electronic network activity
370 device or the same service provided by a controller, and are 399 information, including, but not limited to, browsing history,
371 identified by a controller as sharing the same group account or 400 search history, and information regarding a consumer’s
372 unique identifier. 401 interaction with an Internet website, application, or
373 (l) “Personal information” means information that is linked 402 advertisement.
374 or reasonably linkable to an identified or identifiable consumer 403 g. Geolocation data.
375 or household, including biometric information, genetic 404 h. Audio, electronic, visual, thermal, olfactory, or
376 information, and unique identifiers to the consumer. 405 similar information.
377 1. The term includes, but is not limited to, the following: 406 i. Inferences drawn from any of the information identified
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407 in this paragraph to create a profile about a consumer 436 (n) “Processing” means any operation or set of operations
408 reflecting the consumer’s preferences, characteristics, 437 performed on personal information or on sets of personal
409 psychological trends, predispositions, behavior, attitudes, 438 information, regardless of whether by automated means.
410 intelligence, abilities, and aptitudes. 439 (o) “Processor” means a sole proprietorship, partnership,
411 2. The term does not include consumer information that is: 440 limited liability company, corporation, association, or other
412 a. Consumer employment contact information, including a 441 legal entity that is organized or operated for the profit or
413 position name or title, employment qualifications, emergency 442 financial benefit of its shareholders or other owners, that
414 contact information, business telephone number, business 443 processes information on behalf of a controller and to which the
415 electronic mail address, employee benefit information, and 444 controller discloses a consumer’s personal information pursuant
416 similar information used solely in an employment context. 445 to a written contract, provided that the contract prohibits the
417 b. Deidentified or aggregate consumer information. 446 entity receiving the information from retaining, using, or
418 c. Publicly and lawfully available information reasonably 447 disclosing the personal information for any purpose other than
419 believed to be made available to the general public in a lawful 448 for the specific purpose of performing the services specified in
420 manner and without legal restrictions: 449 the contract for the controller, as authorized by this section.
421 (I) From federal, state, or local government records. 450 (p) “Sell” means to sell, rent, release, disclose,
422 (II) By a widely distributed media source. 451 disseminate, make available, transfer, or otherwise communicate
423 (III) By the consumer or by someone to whom the consumer 452 orally, in writing, or by electronic or other means, a
424 disclosed the information unless the consumer has purposely and 453 consumer’s personal information or information that relates to a
425 effectively restricted the information to a certain audience on 454 group or category of consumers by a controller to another
426 a private account. 455 controller or a third party for monetary or other valuable
427 (m) “Precise geolocation data” means information from 456 consideration.
428 technology, such as global positioning system level latitude and 457 (q) “Share” means to share, rent, release, disclose,
429 longitude coordinates or other mechanisms, which directly 458 disseminate, make available, transfer, or access a consumer’s
430 identifies the specific location of a natural person with 459 personal information for advertising or marketing. The term
431 precision and accuracy within a radius of 1,750 feet. The term 460 includes:
432 does not include information generated by the transmission of 461 1. Allowing a third party to advertise or market to a
433 communications or any information generated by or connected to 462 consumer based on a consumer’s personal information without
434 advance utility metering infrastructure systems or equipment for 463 disclosure of the personal information to the third party.
435 use by a utility. 464 2. Monetary transactions, nonmonetary transactions, and
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465 transactions for other valuable consideration between a 494 the controller’s established security features to access the
466 controller and a third party for advertising or marketing. 495 account through communication features offered to consumers, but
467 (r) “Targeted advertising” means marketing to a consumer or 496 a controller may not require the consumer to create or have an
468 displaying an advertisement to a consumer when the advertisement 497 account with the controller in order to make a verifiable
469 is selected based on personal information used to predict such 498 consumer request.
470 consumer’s preferences or interests. 499 (v) “Voice recognition feature” means the function of a
471 (s) “Third party” means a person who is not a controller or 500 device which enables the collection, recording, storage,
472 a processor. 501 analysis, transmission, interpretation, or other use of spoken
473 (t) “Unique identifier” means a persistent identifier that 502 words or other sounds.
474 can be used to recognize a consumer, a family, or a device that 503 (3) CONTROLLER REQUIREMENTS; CONSUMER DATA COLLECTION
475 is linked to a consumer or a family, over time and across 504 REQUIREMENTS AND RESPONSIBILITIES.—
476 different services, including, but not limited to, a device 505 (a) A controller may not collect, without the consumer’s
477 identifier; an Internet Protocol address; cookies, beacons, 506 authorization, a consumer’s precise geolocation data or personal
478 pixel tags, mobile ad identifiers, or similar technology; a 507 information through the operation of a voice recognition
479 customer number, unique pseudonym, or user alias; telephone 508 feature.
480 numbers, or other forms of persistent or probabilistic 509 (b) A controller that operates a search engine shall
481 identifiers that can be used to identify a particular consumer, 510 provide a consumer with information of how the controller’s
482 family, or device that is linked to a consumer or family. As 511 search engine algorithm prioritizes or deprioritizes political
483 used in this paragraph, the term “family” means a custodial 512 partisanship or political ideology in its search results.
484 parent or guardian and any minor children of whom the parent or 513 (c) A controller that collects personal information about
485 guardian has custody, or a household as defined in paragraph 514 consumers shall maintain an up-to-date online privacy policy and
486 (k). 515 make such policy available on its homepage. The online privacy
487 (u) “Verifiable consumer request” means a request made by a 516 policy must include the following information:
488 consumer, by a parent or guardian on behalf of a consumer who is 517 1. Any Florida-specific consumer privacy rights.
489 a minor child, or by a person authorized by the consumer to act 518 2. A list of the types and categories of personal
490 on the consumer’s behalf, that the controller can reasonably 519 information that the controller collects, sells, or shares, or
491 verify to be the consumer, pursuant to rules adopted by the 520 has collected, sold, or shared, about consumers.
492 department. A verifiable consumer request is presumed to have 521 3. The consumer’s right to request deletion or correction
493 been made when requested through an established account using 522 of certain personal information.
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523 4. The consumer’s right to opt out of the sale or sharing 552 retained to do any of the following:
524 to third parties. 553 1. Fulfill the terms of a written warranty or product
525 (d) A controller that collects personal information from 554 recall conducted in accordance with federal law.
526 the consumer shall, at or before the point of collection, 555 2. Provide a good or service requested by the consumer, or
527 inform, or direct the processor to inform, consumers of the 556 reasonably anticipate the request of such good or service within
528 categories of personal information to be collected and the 557 the context of a controller’s ongoing business relationship with
529 purposes for which such categories of personal information will 558 the consumer.
530 be used. 559 3. Detect security threats or incidents; protect against
531 (e) A controller may not collect additional categories of 560 malicious, deceptive, fraudulent, unauthorized, or illegal
532 personal information or use personal information collected for 561 activity or access; or prosecute those responsible for such
533 additional purposes without providing the consumer with notice 562 activity or access.
534 consistent with this section. 563 4. Debug to identify and repair errors that impair existing
535 (f) A controller that collects a consumer’s personal 564 intended functionality.
536 information shall implement and maintain reasonable security 565 5. Engage in public or peer-reviewed scientific,
537 procedures and practices appropriate to the nature of the 566 historical, or statistical research in the public interest which
538 personal information to protect such personal information from 567 adheres to all other applicable ethics and privacy laws when the
539 unauthorized or illegal access, destruction, use, modification, 568 controller’s deletion of the information is likely to render
540 or disclosure. A controller shall require any processors to 569 impossible or seriously impair the achievement of such research,
541 implement and maintain the same or similar security procedures 570 if the consumer has provided informed consent.
542 and practices for personal information. 571 6. Enable solely internal uses that are reasonably aligned
543 (g) A controller shall adopt and implement a retention 572 with the expectations of the consumer based on the consumer’s
544 schedule that prohibits the use or retention of personal 573 relationship with the controller or that are compatible with the
545 information not subject to an exemption by the controller or 574 context in which the consumer provided the information.
546 processor after the satisfaction of the initial purpose for 575 7. Comply with a legal obligation, including any state or
547 which such information was collected or obtained, after the 576 federal retention laws.
548 expiration or termination of the contract pursuant to which the 577 8. Protect the controller’s interests against existing
549 information was collected or obtained, or 2 years after the 578 disputes, legal action, or governmental investigations.
550 consumer’s last interaction with the controller. This paragraph 579 9. Assure the physical security of persons or property.
551 does not apply to personal information reasonably used or 580 (4) CONSUMER RIGHT TO REQUEST COPY OF PERSONAL INFORMATION
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581 COLLECTED, SOLD, OR SHARED.— 610 45-day response period and the reason for the extension. The
582 (a) A consumer has the right to request that a controller 611 information must be delivered in a portable and, to the extent
583 that collects, sells, or shares personal information about the 612 technically feasible, readily usable format that allows the
584 consumer disclose the following to the consumer: 613 consumer to transmit the data to another entity without
585 1. The specific pieces of personal information which have 614 hindrance. A controller may provide the data to the consumer in
586 been collected about the consumer. 615 a manner that does not disclose the controller’s trade secrets.
587 2. The categories of sources from which the consumer’s 616 A controller is not obligated to provide information to the
588 personal information was collected. 617 consumer if the consumer or a person authorized to act on the
589 3. The specific pieces of personal information about the 618 consumer’s behalf does not provide verification of identity or
590 consumer which were sold or shared. 619 verification of authorization to act with the permission of the
591 4. The third parties to which the personal information 620 consumer.
592 about the consumer was sold or shared. 621 (e) A controller may provide personal information to a
593 5. The categories of personal information about the 622 consumer at any time, but is not required to provide personal
594 consumer which were disclosed to a processor. 623 information to a consumer more than twice in a 12-month period.
595 (b) A controller that collects, sells, or shares personal 624 (f) This subsection does not apply to personal information
596 information about a consumer shall disclose the information 625 relating solely to households.
597 specified in paragraph (a) to the consumer upon receipt of a 626 (5) RIGHT TO HAVE PERSONAL INFORMATION DELETED OR
598 verifiable consumer request. 627 CORRECTED.—
599 (c) This subsection does not require a controller to 628 (a) A consumer has the right to request that a controller
600 retain, reidentify, or otherwise link any data that, in the 629 delete any personal information about the consumer or about the
601 ordinary course of business is not maintained in a manner that 630 consumer’s child younger than 18 years of age which the
602 would be considered personal information. 631 controller has collected.
603 (d) The controller shall deliver to a consumer the 632 1. A controller that receives a verifiable consumer request
604 information required under this subsection or act on a request 633 to delete the consumer’s personal information shall delete the
605 made under this subsection by a consumer free of charge within 634 consumer’s personal information from its records and direct any
606 45 calendar days after receiving a verifiable consumer request. 635 processors to delete such information within 90 calendar days
607 The response period may be extended once by 45 additional 636 after receipt of the verifiable consumer request.
608 calendar days when reasonably necessary, provided the controller 637 2. A controller or a processor acting pursuant to its
609 informs the consumer of any such extension within the initial 638 contract with the controller may not be required to comply with
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639 a consumer’s request to delete the consumer’s personal 668 h. Comply with a legal obligation, including any state or
640 information if it is reasonably necessary for the controller or 669 federal retention laws.
641 processor to maintain the consumer’s personal information to do 670 i. Protect the controller’s interests against existing
642 any of the following: 671 disputes, legal action, or governmental investigations.
643 a. Complete the transaction for which the personal 672 j. Assure the physical security of persons or property.
644 information was collected. 673 (b) A consumer has the right to request that a controller
645 b. Fulfill the terms of a written warranty or product 674 correct inaccurate personal information maintained by the
646 recall conducted in accordance with federal law. 675 controller about the consumer or about the consumer’s child
647 c. Provide a good or service requested by the consumer, or 676 younger than 18 years of age. A controller that receives a
648 reasonably anticipate the request of such good or service within 677 verifiable consumer request to correct inaccurate personal
649 the context of a controller’s ongoing business relationship with 678 information shall use commercially reasonable efforts to correct
650 the consumer, or otherwise perform a contract between the 679 the inaccurate personal information as directed by the consumer
651 controller and the consumer. 680 and shall direct any processors to correct such information
652 d. Detect security threats or incidents; protect against 681 within 90 calendar days after receipt of the verifiable consumer
653 malicious, deceptive, fraudulent, unauthorized, or illegal 682 request. If a controller maintains a self-service mechanism to
654 activity or access; or prosecute those responsible for such 683 allow a consumer to correct certain personal information, the
655 activity or access. 684 controller may require the consumer to correct their own
656 e. Debug to identify and repair errors that impair existing 685 personal information through such mechanism. A controller or a
657 intended functionality. 686 processor acting pursuant to its contract with the controller
658 f. Engage in public or peer-reviewed scientific, 687 may not be required to comply with a consumer’s request to
659 historical, or statistical research in the public interest which 688 correct the consumer’s personal information if it is reasonably
660 adheres to all other applicable ethics and privacy laws when the 689 necessary for the controller or processor to maintain the
661 controller’s deletion of the information is likely to render 690 consumer’s personal information to do any of the following:
662 impossible or seriously impair the achievement of such research, 691 1. Complete the transaction for which the personal
663 if the consumer has provided informed consent. 692 information was collected.
664 g. Enable solely internal uses that are reasonably aligned 693 2. Fulfill the terms of a written warranty or product
665 with the expectations of the consumer based on the consumer’s 694 recall conducted in accordance with federal law.
666 relationship with the controller or that are compatible with the 695 3. Detect security threats or incidents; protect against
667 context in which the consumer provided the information. 696 malicious, deceptive, fraudulent, unauthorized, or illegal
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697 activity or access; or prosecute those responsible for such 726 of the consumer’s age. A controller that complies with the
698 activity or access. 727 verifiable parental consent requirements of the Children’s
699 4. Debug to identify and repair errors that impair existing 728 Online Privacy Protection Act, 15 U.S.C. s. 6501 et seq., shall
700 intended functionality. 729 be deemed compliant with any obligation to obtain parental
701 5. Enable solely internal uses that are reasonably aligned 730 consent.
702 with the expectations of the consumer based on the consumer’s 731 (c) A controller that has received direction from a
703 relationship with the controller or that are compatible with the 732 consumer opting out of the sale or sharing of the consumer’s
704 context in which the consumer provided the information. 733 personal information is prohibited from selling or sharing the
705 6. Comply with a legal obligation, including any state or 734 consumer’s personal information beginning 4 calendar days after
706 federal retention laws. 735 receipt of such direction, unless the consumer subsequently
707 7. Protect the controller’s interests against existing 736 provides express authorization for the sale or sharing of the
708 disputes, legal action, or governmental investigations. 737 consumer’s personal information.
709 8. Assure the physical security of persons or property. 738 (7) FORM TO OPT OUT OF SALE OR SHARING OF PERSONAL
710 (6) RIGHT TO OPT OUT OF THE SALE OR SHARING OF PERSONAL 739 INFORMATION.—
711 INFORMATION.— 740 (a) A controller shall:
712 (a) A consumer has the right at any time to direct a 741 1. In a form that is reasonably accessible to consumers,
713 controller not to sell or share the consumer’s personal 742 provide a clear and conspicuous link on the controller’s
714 information to a third party. This right may be referred to as 743 Internet homepage, entitled “Do Not Sell or Share My Personal
715 the right to opt out. 744 Information,” to an Internet webpage that enables a consumer, a
716 (b) Notwithstanding paragraph (a), a controller may not 745 parent or guardian of a minor who is a consumer, or a person
717 sell or share the personal information of a minor consumer if 746 authorized by the consumer, to opt out of the sale or sharing of
718 the controller has actual knowledge that the consumer is not 18 747 the consumer’s personal information. A controller may not
719 years of age or older. However, if a consumer who is between 13 748 require a consumer to create an account in order to direct the
720 and 18 years of age, or if the parent or guardian of a consumer 749 controller not to sell or share the consumer’s personal
721 who is 12 years of age or younger, has affirmatively authorized 750 information. A controller may accept a request to opt out
722 the sale or sharing of such consumer’s personal information, 751 received through a user-enabled global privacy control, such as
723 then a controller may sell or share such information in 752 a browser plug-in or privacy setting, device setting, or other
724 accordance with this section. A controller that willfully 753 mechanism, which communicates or signals the consumer’s choice
725 disregards the consumer’s age is deemed to have actual knowledge 754 to opt out.
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755 2. For consumers who opted out of the sale or sharing of 784 sharing, sale, or deletion of personal information if the
756 their personal information, respect the consumer’s decision to 785 consumer gives the controller prior consent that clearly
757 opt out for at least 12 months before requesting that the 786 describes the material terms of the financial incentive program.
758 consumer authorize the sale or sharing of the consumer’s 787 The consent may be revoked by the consumer at any time.
759 personal information. 788 (d) A controller may not use financial incentive practices
760 3. Use any personal information collected from the consumer 789 that are unjust, unreasonable, coercive, or usurious in nature.
761 in connection with the submission of the consumer’s opt-out 790 (9) CONTRACTS AND ROLES.—
762 request solely for the purposes of complying with the opt-out 791 (a) Any contract or agreement between a controller and a
763 request. 792 processor must:
764 (b) A consumer may authorize another person to opt out of 793 1. Prohibit the processor from selling, sharing, retaining,
765 the sale or sharing of the consumer’s personal information on 794 using, or disclosing the personal information for any purpose
766 the consumer’s behalf pursuant to rules adopted by the 795 that violates this section;
767 department. 796 2. Prohibit the processor from retaining, using, or
768 (8) ACTIONS RELATED TO CONSUMERS WHO EXERCISE PRIVACY 797 disclosing the personal information other than for the purposes
769 RIGHTS.— 798 specified in the contract or agreement;
770 (a) A controller may not deny goods or services to a 799 3. Prohibit the processor from combining the personal
771 consumer because the consumer exercised any of the consumer’s 800 information that the processor receives from or on behalf of the
772 rights under this section. 801 controller with personal information that the processor receives
773 (b) A controller may charge a consumer who exercised any of 802 from or on behalf of another person or that the processor
774 the consumer’s rights under this section a different price or 803 collects from its own interaction with the consumer, provided
775 rate, or provide a different level or quality of goods or 804 that the processor may combine personal information to perform
776 services to the consumer, only if that difference is reasonably 805 any purpose specified in the contract or agreement and such
777 related to the value provided to the controller by the 806 combination is reported to the controller;
778 consumer’s data or is related to a consumer’s voluntary 807 4. Govern the processor’s personal information processing
779 participation in a financial incentive program, including a bona 808 procedures with respect to processing performed on behalf of the
780 fide loyalty, rewards, premium features, discounts, or club card 809 controller, including processing instructions, the nature and
781 program offered by the controller. 810 purpose of processing, the type of information subject to
782 (c) A controller may offer financial incentives, including 811 processing, the duration of processing, and the rights and
783 payments to consumers as compensation, for the collection, 812 obligations of both the controller and processor;
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813 5. Require the processor to return or delete all personal 842 subcontractor to meet the same obligations of such processor or
814 information under the contract to the controller as requested by 843 third party with respect to personal information.
815 the controller at the end of the provision of services, unless 844 (e) A processor or third party or any subcontractor thereof
816 retention of the information is required by law; and 845 who violates any of the restrictions imposed upon it under this
817 6. Upon request of the controller, require the processor to 846 section is liable or responsible for any failure to comply with
818 make available to the controller all personal information in its 847 this section. A controller that discloses personal information
819 possession under the contract or agreement. 848 to a third party or processor in compliance with this section is
820 (b) Determining whether a person is acting as a controller 849 not liable or responsible if the person receiving the personal
821 or processor with respect to a specific processing of data is a 850 information uses it without complying with the restrictions
822 fact-based determination that depends upon the context in which 851 under this section if, provided that at the time of disclosing
823 personal information is to be processed. The contract between a 852 the personal information, the controller does not have actual
824 controller and processor must reflect their respective roles and 853 knowledge or reason to believe that the person does not intend
825 relationships related to handling personal information. A 854 to comply with this section.
826 processor that continues to adhere to a controller’s 855 (f) Any provision of a contract or agreement of any kind
827 instructions with respect to a specific processing of personal 856 that waives or limits in any way a consumer’s rights under this
828 information remains a processor. 857 section, including, but not limited to, any right to a remedy or
829 (c) A third party that has collected personal information 858 means of enforcement, is deemed contrary to public policy and is
830 from a controller in accordance with this section: 859 void and unenforceable. This section does not prevent a consumer
831 1. May not sell or share personal information about a 860 from declining to exercise the consumer’s rights under this
832 consumer unless the consumer is provided an opportunity by such 861 section.
833 third party to opt out under this section. Once a third party 862 (10) ENFORCEMENT AND IMPLEMENTATION BY THE DEPARTMENT.—
834 sells or shares personal information after providing the 863 (a) Any violation of this section is an unfair and
835 opportunity to opt out, the third party becomes a controller 864 deceptive trade practice actionable under part II of chapter 501
836 under this section if the entity meets the definition of 865 solely by the department against a controller, processor, or
837 controller in subsection (2). 866 third party. If the department has reason to believe that any
838 2. May use such personal information from a controller to 867 controller, processor, or third party is in violation of this
839 advertise or market products or services that are produced or 868 section, the department, as the enforcing authority, may bring
840 offered directly by such third party. 869 an action against such controller, processor, or third party for
841 (d) A processor or third party must require any 870 an unfair or deceptive act or practice. For the purpose of
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871 bringing an action pursuant to this section, ss. 501.211 and 900 an action for the alleged violation but in its discretion may
872 501.212 do not apply. In addition to other remedies under part 901 issue a letter of guidance that indicates that the controller,
873 II of chapter 501, the department may collect a civil penalty of 902 processor, or person will not be offered a 45-day cure period
874 up to $50,000 per violation of this section. Civil penalties may 903 for any future violations. If the controller, processor, or
875 be tripled for the following violations: 904 third party fails to cure the violation within 45 calendar days,
876 1. Any violation involving a Florida consumer who the 905 the department may bring an action against the controller,
877 controller, processor, or third party has actual knowledge is 18 906 processor, or third party for the alleged violation.
878 years of age or younger. 907 (c) Any action brought by the department may be brought
879 2. Failure to delete or correct the consumer’s personal 908 only on behalf of a Florida consumer.
880 information pursuant to this section after receiving a 909 (d) By February 1 of each year, the department shall submit
881 verifiable consumer request or directions from a controller to 910 a report to the President of the Senate and the Speaker of the
882 delete or correct such personal information unless the 911 House of Representatives describing any actions taken by the
883 controller, processor, or third party qualifies for an exception 912 department to enforce this section. Such report must be made
884 to the requirements to delete or correct such personal 913 publicly available on the department’s website. The report must
885 information under this section. 914 include statistics and relevant information detailing:
886 3. Continuing to sell or share the consumer’s personal 915 1. The number of complaints received and the categories or
887 information after the consumer chooses to opt out under this 916 types of violations alleged by the complainant;
888 section. 917 2. The number and type of enforcement actions taken and the
889 (b) After the department has notified a controller, 918 outcomes of such actions, including the amount of penalties
890 processor, or third party in writing of an alleged violation, 919 issued and collected;
891 the department may in its discretion grant a 45-day period to 920 3. The number of complaints resolved without the need for
892 cure the alleged violation. The 45-day cure period does not 921 litigation; and
893 apply to a violation of subparagraph (a)1. The department may 922 4. The status of the development and implementation of
894 consider the number and frequency of violations, the substantial 923 rules to implement this section.
895 likelihood of injury to the public, and the safety of persons or 924 (e) The department may adopt rules to implement this
896 property when determining whether to grant 45 calendar days to 925 section, including standards for verifiable consumer requests,
897 cure and the issuance of a letter of guidance. If the violation 926 enforcement, data security, and authorized persons who may act
898 is cured to the satisfaction of the department and proof of such 927 on a consumer’s behalf.
899 cure is provided to the department, the department may not bring 928 (f) The department may collaborate and cooperate with other
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929 enforcement authorities of the federal government or other state 958 a controller or processor. The regulation of the collection,
930 governments concerning consumer data privacy issues and consumer 959 processing, sharing, or sale of consumer personal information by
931 data privacy investigations if such enforcement authorities have 960 a controller or processor is preempted to the state.
932 restrictions governing confidentiality at least as stringent as 961 Section 3. Paragraph (g) of subsection (1) of section
933 the restrictions provided in this section. 962 501.171, Florida Statutes, is amended to read:
934 (g) Liability for a tort, contract claim, or consumer 963 501.171 Security of confidential personal information.—
935 protection claim that is unrelated to an action brought under 964 (1) DEFINITIONS.—As used in this section, the term:
936 this subsection does not arise solely from the failure of a 965 (g)1. “Personal information” means either of the following:
937 controller, processor, or third party to comply with this 966 a. An individual’s first name or first initial and last
938 section. 967 name in combination with any one or more of the following data
939 (h) This section does not establish a private cause of 968 elements for that individual:
940 action. 969 (I) A social security number;
941 (i) The department may employ or use the legal services of 970 (II) A driver license or identification card number,
942 outside counsel and the investigative services of outside 971 passport number, military identification number, or other
943 personnel to fulfill the obligations of this section. 972 similar number issued on a government document used to verify
944 (11) JURISDICTION.—For purposes of bringing an action 973 identity;
945 pursuant to subsection (10), any person who meets the definition 974 (III) A financial account number or credit or debit card
946 of controller as defined in this section which collects, shares, 975 number, in combination with any required security code, access
947 or sells the personal information of Florida consumers is 976 code, or password that is necessary to permit access to an
948 considered to be both engaged in substantial and not isolated 977 individual’s financial account;
949 activities within this state and operating, conducting, engaging 978 (IV) Any information regarding an individual’s medical
950 in, or carrying on a business, and doing business in this state, 979 history, mental or physical condition, or medical treatment or
951 and is therefore subject to the jurisdiction of the courts of 980 diagnosis by a health care professional; or
952 this state. 981 (V) An individual’s health insurance policy number or
953 (12) PREEMPTION.—This section is a matter of statewide 982 subscriber identification number and any unique identifier used
954 concern and supersedes all rules, regulations, codes, 983 by a health insurer to identify the individual;
955 ordinances, and other laws adopted by a city, county, city and 984 (VI) An individual’s biometric information or genetic
956 county, municipality, or local agency regarding the collection, 985 information as defined in s. 501.173(2); or
957 processing, sharing, or sale of consumer personal information by 986 (VII) Any information regarding an individual’s
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987 geolocation.
988 b. A user name or e-mail address, in combination with a
989 password or security question and answer that would permit
990 access to an online account.
991 2. The term does not include information about an
992 individual that has been made publicly available by a federal,
993 state, or local governmental entity. The term also does not
994 include information that is encrypted, secured, or modified by
995 any other method or technology that removes elements that
996 personally identify an individual or that otherwise renders the
997 information unusable.
998 Section 4. Subsection (1) of section 16.53, Florida
999 Statutes, is amended, and subsection (8) is added to that
1000 section, to read:
1001 16.53 Legal Affairs Revolving Trust Fund.—
1002 (1) There is created in the State Treasury the Legal
1003 Affairs Revolving Trust Fund, from which the Legislature may
1004 appropriate funds for the purpose of funding investigation,
1005 prosecution, and enforcement by the Attorney General of the
1006 provisions of the Racketeer Influenced and Corrupt Organization
1007 Act, the Florida Deceptive and Unfair Trade Practices Act, the
1008 Florida False Claims Act, or state or federal antitrust laws, or
1009 s. 501.173.
1010 (8) All moneys recovered by the Attorney General for
1011 attorney fees, costs, and penalties in an action for a violation
1012 of s. 501.173 must be deposited in the fund.
1013 Section 5. This act shall take effect July 1, 2023.
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j tt
ng Date
The Florida Senate
APPEARANCE RECORD
Deliver both copies of this form to
z6L
Bill Number orTopic
Senate professional staff conducting the meeting
Lun r^
'n\{o'i'i*t
Committee Amendment Barcode (if applicable)
Name /.rsh^ 9(o'Jc's Phone I 3
Address
Loc { G-:,,." Email 4r4"1f,: n -Tlawett Q - (7ur',Aor€" .;Lorrr
Street
Y).,{t /,*vs"* F t 327a1
City Stote Zip
Speaking: I ror ! Against ! lnformation OR WaiveSpeaking: {nsuppot I Against
PLEASE CHECKONE OFTHE FOLLOWING:
lam appearing without a registered lobbyist, I am not a lobbyist, but received
compensation or sponsorship.
W^representrng: something of value for my appearance
(travel, meals, lodging, etc.),
CFo Jt^^7 (2oh,ortig sponsored by:
This form is part of the public record for this meeting. s-ool (08/10/2021)
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 1648
INTRODUCER: Senator Bradley
SUBJECT: Public Records/Investigations by the Department of Legal Affairs
DATE: March 10, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Pre-meeting
2. JU
3. RC
I. Summary:
SB 1648 creates a public records exemption for information received by the Department of Legal
Affairs (DLA) pursuant to a notification of a violation under s. 501.173, F.S., or received
pursuant to an investigation made by the DLA or a law enforcement agency.
The bill permits the DLA to disclose this confidential and exempt information during an active
investigation under specific circumstances.
Once an investigation is completed or once an investigation ceases to be active, the following
information received by the DLA will remain confidential and exempt:
All information to which another public record exemption applies;
Personal information;
A computer forensic report;
Information that would otherwise reveal weaknesses in a business’ data security; and
Information that would disclose a business’ proprietary information.
The bill provides for the repeal of the exemption on October 2, 2028, unless it is reenacted by the
Legislature under the Open Government Sunset Review Act.
The bill takes effect on the same date that linked bill SB 262, relating to technology
transparency, takes effect, if such legislation is adopted in the same legislative session or an
extension thereof and becomes law.
BILL: SB 1648 Page 2
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, section 11.0431,
Florida Statutes (F.S.), provides public access requirements for legislative records. Relevant
exemptions are codified in s. 11.0431(2)-(3), F.S., and the statutory provisions are adopted in the
rules of each house of the legislature.3 Florida Rule of Judicial Administration 2.420 governs
public access to judicial branch records.4 Lastly, chapter 119, F.S., provides requirements for
public records held by executive agencies.
Executive Agency Records – The Public Records Act
Chapter 119, F.S., known as the Public Records Act, provides that all state, county, and
municipal records are open for personal inspection and copying by any person, and that
providing access to public records is a duty of each agency.5
A public record includes virtually any document or recording, regardless of its physical form or
how it may be transmitted.6 The Florida Supreme Court has interpreted the statutory definition of
“public record” to include “material prepared in connection with official agency business which
is intended to perpetuate, communicate, or formalize knowledge of some type.”7
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
1
FLA. CONST. art. I, s. 24(a).
2
Id.
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2018-2020) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 2, (2018-2020)
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
6
Section 119.011(12), F.S., defines “public record” to mean “all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means
of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by
any agency.”
7
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
BILL: SB 1648 Page 3
custodian of the public record.8 A violation of the Public Records Act may result in civil or
criminal liability.9
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.10 The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.11
General exemptions from the public records requirements are contained in the Public Records
Act.12 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.13
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” Custodians of records designated as “exempt” are not prohibited
from disclosing the record; rather, the exemption means that the custodian cannot be compelled
to disclose the record.14 Custodians of records designated as “confidential and exempt” may not
disclose the record except under circumstances specifically defined by the Legislature.15
Open Government Sunset Review Act
The Open Government Sunset Review Act16 (the Act) prescribes a legislative review process for
newly created or substantially amended17 public records or open meetings exemptions, with
specified exceptions.18 It requires the automatic repeal of such exemption on October 2nd of the
fifth year after creation or substantial amendment, unless the Legislature reenacts the
exemption.19
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.20
8
Section 119.07(1)(a), F.S.
9
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
10
FLA. CONST. art. I, s. 24(c).
11
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
12
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
13
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
14
See Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991).
15
WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48 (Fla. 5th DCA 2004).
16
Section 119.15, F.S.
17
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
18
Section 119.15(2)(a) and (b), F.S., provide that exemptions that are required by federal law or are applicable solely to the
Legislature or the State Court System are not subject to the Open Government Sunset Review Act.
19
Section 119.15(3), F.S.
20
Section 119.15(6)(b), F.S.
BILL: SB 1648 Page 4
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;21
It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;22 or
It protects information of a confidential nature concerning entities, such as trade or business
secrets.23
The Act also requires specified questions to be considered during the review process.24 In
examining an exemption, the Act directs the Legislature to carefully question the purpose and
necessity of reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.25 If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to sunset, the previously
exempt records will remain exempt unless provided for by law.26
Current Public Records Exemptions for Investigations Conducted by the Department of
Legal Affairs
Florida’s public records laws currently make most information obtained by the DLA open to the
public.27 In the absence of a specific legislative exemption, investigative records made or
received by public agencies are open to public inspection pursuant to ch. 119, F.S.28 Further, an
agency’s disclosure of records of its investigative proceedings upon the completion of a
preliminary investigation does not violate an individual’s right of privacy.29
21
Section 119.15(6)(b)1., F.S.
22
Section 119.15(6)(b)2., F.S.
23
Section 119.15(6)(b)3., F.S.
24
Section 119.15(6)(a), F.S. The specified questions are:
What specific records or meetings are affected by the exemption?
Whom does the exemption uniquely affect, as opposed to the general public?
What is the identifiable public purpose or goal of the exemption?
Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
Is the record or meeting protected by another exemption?
Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
25
See generally s. 119.15, F.S.
26
Section 119.15(7), F.S.
27
See State ex rel. Veale v. City of Boca Raton, 353 So. 2d 1194 (Fla. 4th DCA 1977), cert. denied 360 So. 2d 1247 (Fla.
1978).
28
See State ex rel. Veale v. City of Boca Raton, 353 So.2d 1194 (Fla. 4th DVA 1977), cert. denied, 360 So.2d 1247 (Fla.
1978).
29
See Garner v. Florida Comm’n. on Ethics, 415 So.2d 67 (Fla. 1st DCA 1982), rev. denied, 424 So.2d 761 (Fla. 1983).
BILL: SB 1648 Page 5
Section 119.071(2), F.S., exempts various records and information from public inspection,
including the following information when held by the DLA:
Complaint and information held pursuant to an investigation of a violation of the Florida
False Claims Act—this information may be disclosed after the completion of the DLA’s
investigation, or as otherwise provided in the exemption.30
Information received pursuant to a notice of a data breach or pursuant to certain investigation
is confidential until the investigation is completed or ceases to be active. Disclosure of this
information is authorized under specific circumstance.31
Criminal or civil intelligence, investigative information, or any other information held by any
state or federal agency that is obtained by the DLA in the course of an investigation under
Part II of Ch. 501, regarding Deceptive and Unfair Trade Practices. If this information is
confidential or exempt from disclosure pursuant to s. 119.07(1), F.S., when held by the
originating agency, it will retain that exemption when obtained by the DLA.32
Consumer Data Privacy
SB 262 grants consumers specific rights relating to their personal information, namely (1) the
right to opt-out of the sale or sharing of their personal information, and (2) the right to correct or
delete their personal information held by a business.
Specific businesses must act to accommodate these consumer privacy rights and provide notice
to consumers about their collection and sale of personal information. Additionally, the businesses
cannot discriminate against consumers based on their decision to opt-out of the sale or sharing of
their personal information.
SB 262 grants the Florida Department of Legal Affairs (DLA) (also known as the Office of the
Attorney General) authority to institute appropriate legal proceedings against businesses that it
believes have violated or are violating the provisions in SB 262 relating to consumer data
privacy.
As created, then, any information obtained by the DLA during an investigation of the consumer
data privacy provisions in SB 262 is subject to disclosure under ch. 119, F.S. This could present
a hurdle to the DLA’s investigation and enforcement because it could stifle the disclosure of
pertinent information from law enforcement or consumers to the DLA. Additionally, the release
of consumer personal information could subject them to identity theft or further harm.
III. Effect of Proposed Changes:
SB 1648 makes information received by the DLA pursuant to a notification of a violation of
certain statutory requirements or received by the DLA pursuant to an investigation by the DLA
or a law enforcement agency confidential and exempt.
During an active investigation, the DLA may disclose confidential and exempt information:
30
Section 68.083(8), F.S.
31
Section 501.171(11), F.S.
32
Section 501.2065, F.S.
BILL: SB 1648 Page 6
In furtherance of its official duties and responsibilities;
For print, publication, or broadcast if the DLA determines that such release would assist in
notifying the public or locating or identifying a person believed to be a victim of the
improper use or disposal of customer records; or
To another governmental entity in the furtherance of its official duties and responsibilities.
Once an investigation is completed or once an investigation ceases to be active, the following
information received by the DLA will remain confidential and exempt:
All information to which another public record exemption applies;
Personal information;
A computer forensic report;
Information that would otherwise reveal weaknesses in a business’ data security; and
Information that would disclose a business’ proprietary information.
For purposes of this public records exemption, “proprietary information” means information that:
Is owned or controlled by the business
Is intended to be private and treated as such by the business because disclosure would harm
the business or its business operations;
Has not been disclosed except as required by law or a private agreement that provides that
the information will not be released to the public;
Is not publicly available or otherwise readily ascertainable through proper means from
another source in the same configuration as it was received by the DLA; and
Includes trade secrets and competitive interests.
This provision will be subject to an Open Government Sunset Review in accordance with s.
119.15, F.S., and will stand repealed on October 2, 2028, unless reviewed and saved from repeal
through reenactment by the Legislature.
The bill will become effective on the same date that SB 262 (2023) or similar legislation takes
effect, if such legislation is adopted in the same legislative session or an extension thereof and
becomes law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, nor reduce the percentage of state tax shared with
counties or municipalities.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
BILL: SB 1648 Page 7
public records requirements. This bill creates a new record exemption; thus, the bill
requires a two-thirds vote to be enacted.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records requirements to state with specificity the public necessity
justifying the exemption. The bill creates a new public records exemption. Thus, the bill
includes a public necessity statement.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution requires an exemption to the public records
requirements to be no broader than necessary to accomplish the stated purpose of the law.
The bill creates a public record exemption for information relating communications
services locations, project proposals, and challenges submitted to the department under
the Broadband Opportunity Program. The exemption does not appear to be broader than
necessary to accomplish the purpose of the law.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
BILL: SB 1648 Page 8
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 501.173(13) 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 COMMITTEE AMENDMENT Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1648 Bill No. SB 1648
Ì963930&Î963930 Ì963930&Î963930
LEGISLATIVE ACTION 11 controller, processor, or third party. Release of such
Senate . House 12 information could give business competitors an unfair advantage.
.
.
.
.
.
The Committee on Commerce and Tourism (Bradley) recommended the
following:
1 Senate Amendment
2
3 Delete lines 110 - 119
4 and insert:
5 economic value, actual or potential, from being generally
6 unknown to, and not readily ascertainable by, other persons who
7 might obtain economic value from its disclosure or use. Allowing
8 public access to proprietary information, including a trade
9 secret, through a public records request could destroy the value
10 of the proprietary information and cause a financial loss to the
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Florida Senate - 2023 SB 1648 Florida Senate - 2023 SB 1648
By Senator Bradley
6-00671-23 20231648__ 6-00671-23 20231648__
1 A bill to be entitled 30 1. In the furtherance of its official duties and
2 An act relating to public records; amending s. 31 responsibilities;
3 501.173, F.S.; providing an exemption from public 32 2. For print, publication, or broadcast if the department
4 records requirements for information relating to 33 determines that such release would assist in notifying the
5 investigations by the Department of Legal Affairs and 34 public or locating or identifying a person that the department
6 law enforcement agencies of certain data privacy 35 believes to be a victim of a data breach or improper use or
7 violations; providing for future legislative review 36 disposal of customer records, except that information made
8 and repeal of the exemption; providing a statement of 37 confidential and exempt by paragraph (c) may not be released
9 public necessity; providing a contingent effective 38 pursuant to this subparagraph; or
10 date. 39 3. To another governmental entity in the furtherance of its
11 40 official duties and responsibilities.
12 Be It Enacted by the Legislature of the State of Florida: 41 (c) Upon completion of an investigation or once an
13 42 investigation ceases to be active, the following information
14 Section 1. Subsection (13) is added to section 501.173, 43 received by the department shall remain confidential and exempt
15 Florida Statutes, as created by SB 262 or similar legislation, 44 from s. 119.07(1) and s. 24(a), Art. I of the State
16 to read: 45 Constitution:
17 501.173 Consumer data privacy.— 46 1. All information to which another public records
18 (13) PUBLIC RECORDS EXEMPTION.— 47 exemption applies.
19 (a) All information received by the department pursuant to 48 2. Personal information.
20 a notification of a violation under this section, or received by 49 3. A computer forensic report.
21 the department pursuant to an investigation by the department or 50 4. Information that would otherwise reveal weaknesses in
22 a law enforcement agency of a violation of this section, is 51 the data security of a controller, processor, or third party.
23 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 52 5. Information that would disclose the proprietary
24 of the State Constitution, until such time as the investigation 53 information of a controller, processor, or third party.
25 is completed or ceases to be active. This exemption shall be 54 (d) For purposes of this subsection, the term “proprietary
26 construed in conformity with s. 119.071(2)(c). 55 information” means information that:
27 (b) During an active investigation, information made 56 1. Is owned or controlled by the controller, processor, or
28 confidential and exempt pursuant to paragraph (a) may be 57 third party.
29 disclosed by the department: 58 2. Is intended to be private and is treated by the
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Florida Senate - 2023 SB 1648 Florida Senate - 2023 SB 1648
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59 controller, processor, or third party as private because 88 premature release of such information could frustrate or thwart
60 disclosure would harm the controller, processor, or third party 89 the investigation and impair the ability of the department to
61 or its business operations. 90 effectively and efficiently administer s. 501.173, Florida
62 3. Has not been disclosed except as required by law or a 91 Statutes. In addition, release of such information before
63 private agreement that provides that the information will not be 92 completion of an active investigation could jeopardize the
64 released to the public. 93 ongoing investigation.
65 4. Is not publicly available or otherwise readily 94 (2) Release of information to which another public record
66 ascertainable through proper means from another source in the 95 exemption applies once an investigation is completed or ceases
67 same configuration as received by the department. 96 to be active would undo the specific statutory exemption
68 5. Includes: 97 protecting that information.
69 a. Trade secrets as defined in s. 688.002. 98 (3) An investigation of a violation of s. 501.173, Florida
70 b. Competitive interests, the disclosure of which would 99 Statutes, is likely to result in the gathering of sensitive
71 impair the competitive advantage of the controller, processor, 100 personal information, including identification numbers, unique
72 or third party who is the subject of the information. 101 identifiers, professional or employment-related information, and
73 (e) This subsection is subject to the Open Government 102 personal financial information. Such information could be used
74 Sunset Review Act in accordance with s. 119.15 and shall stand 103 for the purpose of identity theft. The release of such
75 repealed on October 2, 2028, unless reviewed and saved from 104 information could subject possible victims of data privacy
76 repeal through reenactment by the Legislature. 105 violations to further harm.
77 Section 2. The Legislature finds that it is a public 106 (4) Notices received by the department and information
78 necessity that all information received by the Department of 107 received during an investigation of a violation of s. 501.173,
79 Legal Affairs pursuant to a notification of a violation of s. 108 Florida Statutes, are likely to contain proprietary information.
80 501.173, Florida Statutes, or received by the department 109 Such information, including trade secrets, derives independent,
81 pursuant to an investigation by the department or a law 110 economic value, actual, or potential, from being generally
82 enforcement agency of a violation of s. 501.173, Florida 111 unknown to, and not readily ascertainable by, other persons who
83 Statutes, be made confidential and exempt from s. 119.07(1), 112 might obtain economic value from its disclosure or use. Allowing
84 Florida Statutes, and s. 24(a), Article I of the State 113 public access to proprietary information, including a trade
85 Constitution for the following reasons: 114 secret, through a public records request could destroy the value
86 (1) A notification of a violation of s. 501.173, Florida 115 of the proprietary information and cause a financial loss to the
87 Statutes, may result in an investigation of such violation. The 116 controller, processor, or third party submitting the
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Florida Senate - 2023 SB 1648
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117 information. Release of such information could give business
118 competitors an unfair advantage and weaken the position of the
119 entity supplying the proprietary information in the marketplace.
120 (5) Information received by the department may contain a
121 computer forensic report or information that could reveal
122 weaknesses in the data security of a controller, processor, or
123 third party. The release of this information could result in the
124 identification of vulnerabilities in the cybersecurity system of
125 the controller, processor, or third party and be used to harm
126 the controller, processor, or third party and clients.
127 (6) The harm that may result from the release of
128 information received by the department pursuant to a
129 notification or investigation by the department or a law
130 enforcement agency of a violation of s. 501.173, Florida
131 Statutes, could impair the effective and efficient
132 administration of the investigation and thus, outweighs the
133 public benefit that may be derived from the disclosure of the
134 information.
135 Section 3. This act shall take effect on the same date that
136 SB 262 or similar legislation takes effect, if such legislation
137 is adopted in the same legislative session or an extension
138 thereof and becomes a law.
Page 5 of 5
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 388
INTRODUCER: Commerce and Tourism Committee and Senator Bradley
SUBJECT: Resale of Tickets
DATE: March 14, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Fav/CS
2. JU
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 388 provides that any tickets, other than tickets for passage or accommodations on a
common carrier in Florida, multiday or multievent tickets, or event tickets originally issued by a
charitable organization, may be donated, transferred, or resold via any method, or on any ticket
marketplace, of the ticket holder’s choosing. Additionally, the bill establishes that the original
seller must have the ability to request the legal name, e-mail address, or telephone number from a
subsequent ticket holder for the purpose of venue security, provided the information requested is
not more extensive than that collected at the original point of sale.
The bill establishes that the original ticket seller may not penalize, discriminate against, or deny
access to an event to a person who purchases or resells a ticket in an authorized manner.
The bill requires an Internet website to prominently display certain disclosures and guarantees on
their homepage or ticket landing page if the Internet website wants to offer any ticket for resale
or resell any ticket for more than $1 above the admission price charged by the original ticket
seller.
The bill defines the terms “original ticket seller” and “original seller” as the issuer of such ticket
or a person or firm that provides distribution services or ticket sales services under a contract
with such issuer.
The bill provides that regulation of the sale or resale of tickets is preempted to the state.
BILL: CS/SB 388 Page 2
The bill takes effect July 1, 2023.
II. Present Situation:
Pricing of Resold Admission Tickets
The resale pricing of certain tickets is governed by Florida law. Section 817.36, F.S., provides
that a person or entity that offers for resale or resells any ticket (with the exception of travel
agencies under certain conditions1) may charge only $1 above the admission price charged by the
original ticket seller, for the following:
Passage or accommodations on any common carrier in this state;
Multiday or multievent tickets to a park or entertainment complex, or to a concert,
entertainment event, permanent exhibition, or recreational activity within such a park or
complex, including an entertainment/resort complex;2 and
Event tickets originally issued by a tax-exempt charitable organization, when no more than
3,000 tickets are issued per performance. The following must be conspicuously printed on
the face or back of each such ticket: “Pursuant to s. 817.36, Florida Statutes, this ticket may
not be resold for more than $1 over the original admission price.” This provision does not
apply to tickets issued or sold by a third party ticketing service on behalf of a charitable
organization, unless the statement is on the ticket.
The limitation of an additional $1 above the original price of a ticket also applies to any tickets
that are resold or offered through an Internet website (except those described above), unless the
website:
Is authorized by the original ticket seller; or
Makes and posts the following guarantees and disclosures through Internet web pages, or
links to web pages, in text to which a prospective purchaser is directed before completion of
the resale transaction:
o The website operator guarantees a full refund of the ticket price including any servicing,
handling, or processing fees, if such fees are not disclosed, when:
o The ticketed event is canceled;
o The purchaser is denied admission to the ticketed event, unless such denial is due to the
action or omission of the purchaser;
o The ticket is not delivered to the purchaser as requested and pursuant to delivery
guarantees made by the reseller and such failure results in the purchaser’s being unable to
attend the event; and
o The website operator discloses that it is not the issuer, original seller, or reseller of the
ticket and does not control the pricing of the ticket, which may be resold for more than its
original value.
1
To qualify for this exception, travel agencies must have an established place of business in Florida and pay state, county,
and city occupational license taxes. See s. 817.36(1)(a), F.S.
2
An “Entertainment/resort complex” means a theme park comprised of at least 25 acres of land with permanent exhibitions
and a variety of recreational activities, which has at least 1 million visitors annually who pay admission fees thereto, together
with any lodging, dining, and recreational facilities located adjacent to, contiguous to, or in close proximity to the theme
park, as long as the owner(s)/operators(s) of the theme park, or a parent or related company or subsidiary thereof, has an
equity interest in the lodging, dining, or recreational facilities or is in privity therewith. Close proximity shall include an area
within a 5-mile radius of the theme park complex. See s. 561.01(18), F.S.
BILL: CS/SB 388 Page 3
Individuals or entities are not authorized to sell or purchase tickets at any price on property
where an event is being held (i.e., outside a stadium) without the prior express written consent of
the owner of the property.3
Sales tax is due on resold tickets.4
A person who knowingly resells a ticket or tickets in violation of the requirements in s. 817.36,
F.S., is liable to the state for a civil penalty equal to three times the amount of the price for which
the ticket or tickets were resold.5
Persons who intentionally use or sell software to circumvent a security measure, an access
control system, or any other control or measure on a ticket seller’s Internet website which is used
to ensure an equitable ticket-buying process, is liable to the state for a civil penalty equal to three
times the amount for which any ticket was sold.6
Purchasers and resellers of tickets may also be subject to civil penalties under the Florida
Deceptive and Unfair Trade Practices Act (FDUTPA).7 In the absence of a contract with the
original ticket seller to distribute or sell tickets, a person who knowingly purchases from the
original ticket seller, with the intent of resale, a quantity of event tickets which exceeds the
posted8 maximum ticket limit per purchaser, violates FDUTPA.9
Preemption
Local governments have broad authority to legislate on any matter that is not inconsistent with
federal or state law. A local government enactment may be inconsistent with state law if (1) the
Legislature has preempted a particular subject area or (2) the local enactment conflicts with a
state statute. Where state preemption applies, it precludes a local government from exercising
authority in that particular area.10
Florida law recognizes two types of preemption: express and implied. Express preemption
requires a specific legislative statement; it cannot be implied or inferred.11 Express preemption of
3
See s. 817.36(2), F.S.
4
See s. 817.36(3), F.S.
5
See s. 817.36(4), F.S.
6
Id. Section 817.36(5), F.S. See also s. 817.36(6), F.S., which defines the term “software” as “computer programs that are
primarily designed or produced for the purpose of interfering with the operation of any person or entity that sells, over the
Internet, tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or
amusement of any kind.” Similar federal legislation was enacted in 2016 to prohibit circumvention of ticket website security
or control measures and the subsequent sale of the fraudulently obtained tickets by someone who knew or should have known
about the violation. See The Better Online Ticket Sales Act, at 15 U.S.C. s. 45c.
7
See part II of ch. 501, F.S., relating to consumer protection (ss. 501.201-501.213, F.S.).
8
Posting of a quantity limit occurs at the point of original sale or is printed on the tickets by or on behalf of the original ticket
seller. See s. 817.357, F.S.
9
See s. 817.357, F.S.
10
See James R. Wolf and Sarah Harley Bolinder, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83
Fla. B.J. 92 (June 2009).
11
See City of Hollywood v. Mulligan, 934 So.2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894
So.2d 1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So.3d 309 (Fla. 2008).
BILL: CS/SB 388 Page 4
a field by the Legislature must be accomplished by clear language stating that intent.12 In cases
where the Legislature expressly or specifically preempts an area, there is no problem with
ascertaining what the Legislature intended.13
In cases determining the validity of ordinances enacted in the face of state preemption, the effect
has been to find such ordinances null and void.14 Implied preemption is actually a decision by the
courts to create preemption in the absence of an explicit legislative directive.15 Preemption of a
local government enactment is implied only where the legislative scheme is so pervasive as to
evidence an intent to preempt the particular area, and strong public policy reasons exist for
finding preemption.16 Implied preemption is found where the local legislation would present the
danger of conflict with the state's pervasive regulatory scheme.17
III. Effect of Proposed Changes:
The bill provides that any tickets, other than tickets for passage or accommodations on a
common carrier in Florida,18 multiday or multievent tickets,19 or event tickets originally issued
by a charitable organization,20 may be donated, transferred, or resold via any method, or on any
ticket marketplace, of the ticket holder’s choosing. Additionally, the bill establishes that the
original seller must have the ability to request the legal name, e-mail address, or telephone
number from a subsequent ticket holder for the purpose of venue security, provided the
information requested is not more extensive than that collected at the original point of sale.21
The bill establishes that the original ticket seller may not penalize, discriminate against, or deny
access to an event to a person who purchases or resells a ticket in an authorized manner.
The bill requires an Internet website to prominently display certain disclosures and guarantees on
their homepage or ticket landing page if the Internet website wants to offer any ticket for resale
or resell any ticket for more than $1 above the admission price charged by the original ticket
seller.
The bill defines the terms “original ticket seller” and “original seller” as the issuer of such ticket
or a person or firm that provides distribution services or ticket sales services under a contract
with such issuer.
12
Mulligan, 934 So.2d at 1243.
13
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So.3d 880, 886 (Fla. 2010).
14
See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
15
Phantom of Clearwater, Inc., 894 So.2d at 1019.
16
Id.
17
Sarasota Alliance for Fair Elections, Inc., 28 So.3d at 886.
18
This does not apply to travel agencies that have an established place of business in Florida and are required to pay state,
county, and city occupational license taxes.
19
More specifically, this exception pertains to multiday or multievent tickets to a park or entertainment complex or to a
concert, entertainment event, permanent exhibition, or recreational activity within such a park or complex, including an
entertainment/resort complex as defined in s. 561.01(18), F.S.
20
More specifically, this exception pertains to event tickets originally issued by a charitable organization exempt from
taxation under s. 501(c)(3) of the Internal Revenue Code for which no more than 3,000 tickets are issued per performance.
21
The bill provides that the collection of data from a subsequent ticket holder must not inhibit the gifting, donation, transfer,
or resale of a ticket.
BILL: CS/SB 388 Page 5
The bill provides that regulation of the sale or resale of tickets is preempted to the state.
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:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
BILL: CS/SB 388 Page 6
VIII. Statutes Affected:
This bill substantially amends section 817.36 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 13, 2023:
The committee substitute clarifies that a website must prominently make certain
guarantees and disclosures on its homepage or ticket landing page before the purchase of
any tickets if the website wants to sell a ticket for more than $1 above the initial ticket
price charged by the original ticket seller.
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 388 Bill No. SB 388
Ì150016pÎ150016 Ì150016pÎ150016
LEGISLATIVE ACTION 11 web pages on which
Senate . House
Comm: RCS .
03/14/2023 .
.
.
.
The Committee on Commerce and Tourism (Bradley) recommended the
following:
1 Senate Amendment
2
3 Delete lines 31 - 37
4 and insert:
5 (d) Any tickets, other than the tickets in paragraph (a),
6 paragraph (b), or paragraph (c), that are resold or offered
7 through an Internet website, unless such website is authorized
8 by the original ticket seller or makes and posts the following
9 guarantees and disclosures prominently on the homepage or ticket
10 landing page before the purchase of any tickets through Internet
Page 1 of 2 Page 2 of 2
3/9/2023 2:17:25 PM 577-02373-23 3/9/2023 2:17:25 PM 577-02373-23
Florida Senate - 2023 SB 388 Florida Senate - 2023 SB 388
By Senator Bradley
6-00392A-23 2023388__ 6-00392A-23 2023388__
1 A bill to be entitled 30 following transactions:
2 An act relating to resale of tickets; amending s. 31 (d) The following information must be prominently displayed
3 817.36, F.S.; providing a definition; providing 32 on the homepage or ticket landing page before the purchase of
4 requirements for websites of ticket resellers; 33 any tickets, other than the tickets in paragraph (a), paragraph
5 providing for the donation, transfer, and resale of 34 (b), or paragraph (c), that are resold or offered through an
6 certain tickets; authorizing the original seller to 35 Internet website, unless such website is authorized by the
7 request certain information from subsequent ticket 36 original ticket seller or makes and posts the following
8 holders; prohibiting the original ticket seller from 37 guarantees and disclosures through Internet web pages on which
9 taking certain actions against a person who purchases 38 are visibly posted, or links to web pages on which are posted,
10 or resells a ticket; preempting regulation of the sale 39 text to which a prospective purchaser is directed before
11 or resale of tickets to the state; providing an 40 completion of the resale transaction:
12 effective date. 41 1. The website operator guarantees a full refund of the
13 42 amount paid for the ticket including any servicing, handling, or
14 Be It Enacted by the Legislature of the State of Florida: 43 processing fees, if such fees are not disclosed, when:
15 44 a. The ticketed event is canceled;
16 Section 1. Present subsections (1) through (6) of section 45 b. The purchaser is denied admission to the ticketed event,
17 817.36, Florida Statutes, are redesignated as subsections (2) 46 unless such denial is due to the action or omission of the
18 through (7), respectively, paragraph (d) of present subsection 47 purchaser;
19 (1) and present subsection (4) are amended, and a new subsection 48 c. The ticket is not delivered to the purchaser in the
20 (1) and subsections (8), (9), and (10) are added to that 49 manner requested and pursuant to any delivery guarantees made by
21 section, to read: 50 the reseller and such failure results in the purchaser’s
22 817.36 Resale of tickets.— 51 inability to attend the ticketed event.
23 (1) As used in this section, the terms “original ticket 52 2. The website operator discloses that it is not the
24 seller” and “original seller” mean the issuer of such ticket or 53 issuer, venue, original seller, or reseller of the ticket or
25 a person or firm that provides distribution services or ticket 54 items and does not control the pricing of the ticket or items,
26 sales services under a contract with such issuer. 55 which may be resold for more than their original value.
27 (2)(1) A person or entity that offers for resale or resells 56 (5)(4) A person or website operator who knowingly resells a
28 any ticket may charge only $1 above the admission price charged 57 ticket or tickets in violation of this section is liable to the
29 therefor by the original ticket seller of the ticket for the 58 state for a civil penalty equal to treble the amount of the
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 388
6-00392A-23 2023388__
59 price for which the ticket or tickets were resold.
60 (8) Any tickets, other than the tickets in paragraph
61 (2)(a), paragraph (2)(b), or paragraph (2)(c), may be donated,
62 transferred, or resold via any method, or on any ticket
63 marketplace, of the ticket holder’s choosing. The transfer of a
64 ticket to a subsequent ticket holder shall not inhibit the
65 original seller’s ability to request the legal name, e-mail
66 address, or telephone number from a subsequent ticket holder for
67 the sole purpose of venue security, provided the information
68 requested is not more detailed or extensive than that collected
69 at the original point of sale. The collection of data from a
70 subsequent ticket holder shall not be used to inhibit the
71 gifting, donation, transfer, or resale of a ticket.
72 (9) The original ticket seller may not penalize,
73 discriminate against, or deny access to an event to a person who
74 purchases or resells a ticket in a manner authorized by this
75 section.
76 (10) Regulation of the sale or resale of tickets is
77 preempted to the state. A county, municipal, or other local
78 ordinance or other regulation may not impose requirements,
79 restrictions, or conditions upon the sale or resale of tickets.
80 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
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3 APPEARANCE RECORD s4 3x
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 946
INTRODUCER: Senator Grall
SUBJECT: Public Records/Department of State Electronically Filed Records
DATE: March 10, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Favorable
2. GO
3. RC
I. Summary:
SB 946 creates a public record exemption for email addresses collected by the Department of
State (DOS) for the purposes of the electronic filing system. This exemption applies
retroactively.
The bill also creates a public record exemption for secure login credentials held by the DOS for
the purposes of the electronic filing system. This exemption applies before, on, or after the
effective date of the bill.
The public record exemption is subject to the Open Government Sunset Review Act and will
stand repealed on October 2, 2028, unless reviewed and reenacted by the Legislature.
The bill provides a state of public necessity as required by the State Constitution.
The bill creates a new public records exemption and, therefore, requires a two-thirds vote of the
members present and voting for final passage.
The bill may have a minimal fiscal impact on DOS for incurring costs related to the redaction of
records in responding to public records requests.
The bill takes effect upon becoming law.
BILL: SB 946 Page 2
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, section 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.3 Florida Rule of
Judicial Administration 2.420 governs public access to judicial branch records.4 Lastly, chapter
119, F.S., known as the Public Records Act, provides requirements for public records held by
executive agencies.
Executive Agency Records – The Public Records Act
The Public Records Act provides that all state, county and municipal records are open for
personal inspection and copying by any person, and that providing access to public records is a
duty of each agency.5
Section 119.011(12), F.S., defines “public records” to include:
All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connections with the transaction
of official business by any agency.
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business that are used to “perpetuate,
communicate, or formalize knowledge of some type.”6
1
FLA. CONST. art. I, s. 24(a).
2
Id.
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2018-2020) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 2, (2018-2020)
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
6
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
BILL: SB 946 Page 3
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.7 A violation of the Public Records Act may result in civil or
criminal liability.8
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.9 The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.10
General exemptions from the public records requirements are contained in the Public Records
Act.11 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.12
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.13 Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.14 Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.15
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act16 (the
Act), prescribe a legislative review process for newly created or substantially amended 17 public
records or open meetings exemptions, with specified exceptions.18 The Act requires the repeal of
7
Section 119.07(1)(a), F.S.
8
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
9
FLA. CONST. art. I, s. 24(c).
10
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
11
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
12
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
13
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
14
Id.
15
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
16
Section 119.15, F.S.
17
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
18
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act.
BILL: SB 946 Page 4
such exemption on October 2nd of the fifth year after creation or substantial amendment, unless
the Legislature reenacts the exemption.19
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.20
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;21
It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;22 or
It protects information of a confidential nature concerning entities, such as trade or business
secrets.23
The Act also requires specified questions to be considered during the review process.24 In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.25 If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to expire, the previously
exempt records will remain exempt unless otherwise provided by law.26
Documents Filed with the Department of State
The Department of State (DOS) is the state’s central location responsible for receiving and
maintaining a number of documents as required by statute, such as service of process for legal
19
Section 119.15(3), F.S.
20
Section 119.15(6)(b), F.S.
21
Section 119.15(6)(b)1., F.S.
22
Section 119.15(6)(b)2., F.S.
23
Section 119.15(6)(b)3., F.S.
24
Section 119.15(6)(a), F.S. The specified questions are:
What specific records or meetings are affected by the exemption?
Whom does the exemption uniquely affect, as opposed to the general public?
What is the identifiable public purpose or goal of the exemption?
Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
Is the record or meeting protected by another exemption?
Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
25
See generally s. 119.15, F.S.
26
Section 119.15(7), F.S.
BILL: SB 946 Page 5
proceedings,27 articles of incorporation,28 or registration of fictitious names.29 In receiving and
filing required records under 15 different statutory chapters,30 DOS may provide that such
documents may be submitted electronically.31
Public Access to the Department of State Filing Data
All files maintained electronically by the Division of Corporations (Division) may be accessed
through its website.32 Records available through this website are easily accessible and
searchable, including filed records of business entities, trademarks, fictious names, federal liens,
substitute service of process, notaries, and cable franchises. The public may access and search
specific records filed and maintained as required by various statutes listed in s. 15.16(3), F.S.
Using the website of the Division, corporations use a specific link to file or update their records
and pay fees.33 Information submitted in proper form through DOS’s website is accepted
without further inquiry. All information filed electronically with DOS may be readily changed.
III. Effect of Proposed Changes:
The bill provides that email addresses collected by the DOS pursuant to s. 15.16, F.S., are
exempt from public disclosure. This exemption applies retroactively.
The bill further provides that secure login credentials held by the DOS for the purpose of
allowing a person to electronically file records under s. 15.16, F.S., are exempt from public
disclosure. The exemption applies to secure login credentials held by the DOS before, on, or
after the effective date of the exemption. The term “secure login credentials” means information
held by the DOS for purposes of authenticating a user logging into a user account on a computer,
a computer system, a computer network, or an electronic device; an online user account
accessible over the Internet, whether through a mobile device, a website, or any other electronic
means; or information used for authentication or password recovery.
The bill provides a public necessity statement as required by article I, section 24(c) of the Florida
Constitution. The public necessity statement provides that the unintentional publication of e-mail
addresses or secure login credentials held by the DOS may subject the filer to identity theft,
financial harm, or other adverse impacts. Without the public records exemption, the effective and
efficient administration of the electronic filing system, which is otherwise designed to increase
the ease of filing records, would be hindered.
27
See, e.g., ss. 48,061, 48.062, 48.181, F.S.
28
Section 607.0203, F.S.
29
Section 865.09, F.S.
30
Chs. 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620, 621, 679, 713, 865, F.S.
31
S. 15.16(3), F.S.
32
Department of State, Division of Corporations, available at https://www.dos.myflorida.com/sunbiz (last visited March 10,
2023).
33
Department of State, Division of Corporations, Corporations, available at
https://www.dos.myflorida.com/sunbiz/forms/corporations/#flcorpforms (last visited March 10, 2023).
BILL: SB 946 Page 6
The bill is subject to the Open Government Sunset Review Act and will be automatically
repealed on October 2, 2028, unless the Legislature reenacts the exemption.
The bill takes effect upon becoming law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members present and
voting for final passage of a bill creating or expanding an exemption to the public records
requirements. This bill creates a new record exemption, thus, the bill requires a two-thirds vote to
be enacted.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an exemption to
the public records requirements to state with specificity the public necessity justifying the
exemption. This bill creates a new public records exemption. Thus, the bill includes a public
necessity statement.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution requires an exemption to the public records
requirements to be no broader than necessary to accomplish the stated purpose of the law. The
bill creates a public record exemption for email addresses and secure login credentials held by
the DOS for purposes of the electronic filing system. The exemption does not appear to be
broader than necessary to accomplish the purpose of the law.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
BILL: SB 946 Page 7
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially section 15.16 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 946 Florida Senate - 2023 SB 946
By Senator Grall
29-01981-23 2023946__ 29-01981-23 2023946__
1 A bill to be entitled 30 department as required by law. The department may use electronic
2 An act relating to public records; amending s. 15.16, 31 transmissions for purposes of notice in the administration of
3 F.S.; providing an exemption from public records 32 chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620,
4 requirements for e-mail addresses and secure login 33 621, 679, and 713 and s. 865.09. The Department of State may
5 credentials held by the Department of State relating 34 collect e-mail addresses for purposes of notice and
6 to electronically filed records; defining the term 35 communication in the performance of its duties and may require
7 “secure login credentials”; providing retroactive 36 filers and registrants to furnish such e-mail addresses when
8 applicability; providing for future legislative review 37 presenting documents for filing.
9 and repeal of the exemptions; providing a statement of 38 (b)1. E-mail addresses collected by the Department of State
10 public necessity; providing an effective date. 39 pursuant to this subsection are exempt from s. 119.07(1) and s.
11 40 24(a), Art. I of the State Constitution. This exemption applies
12 Be It Enacted by the Legislature of the State of Florida: 41 retroactively.
13 42 2. Secure login credentials held by the Department of State
14 Section 1. Subsection (3) of section 15.16, Florida 43 for the purpose of allowing a person to electronically file
15 Statutes, as amended by chapter 2022-190, Laws of Florida, is 44 records under this subsection are exempt from s. 119.07(1) and
16 amended to read: 45 s. 24(a), Art. I of the State Constitution. This exemption
17 15.16 Reproduction of records; admissibility in evidence; 46 applies to secure login credentials held by the Department of
18 electronic receipt and transmission of records; certification; 47 State before, on, or after the effective date of the exemption.
19 acknowledgment.— 48 For purposes of this subparagraph, the term “secure login
20 (3)(a) The Department of State may cause to be received 49 credentials” means information held by the department for
21 electronically any records that are required or authorized to be 50 purposes of authenticating a user logging into a user account on
22 filed with it pursuant to chapter 48, chapter 55, chapter 117, 51 a computer, a computer system, a computer network, or an
23 chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 52 electronic device; an online user account accessible over the
24 chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 53 Internet, whether through a mobile device, a website, or any
25 chapter 713, or chapter 865, through facsimile or other 54 other electronic means; or information used for authentication
26 electronic transfers, for the purpose of filing such records. 55 or password recovery.
27 The originals of all such electronically transmitted records 56 3. This paragraph is subject to the Open Government Sunset
28 must be executed in the manner provided in paragraph (5)(b). The 57 Review Act in accordance with s. 119.15 and shall stand repealed
29 receipt of such electronic transfer constitutes delivery to the 58 on October 2, 2028, unless reviewed and saved from repeal
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 946
29-01981-23 2023946__
59 through reenactment by the Legislature.
60 Section 2. The Legislature finds that it is a public
61 necessity that all e-mail addresses and secure login credentials
62 held by the Department of State relating to electronically filed
63 records be exempt from public records requirements. The
64 Legislature finds that the unintentional publication of such
65 information may subject the filer to identity theft, financial
66 harm, or other adverse impacts. Without the public records
67 exemption, the effective and efficient administration of the
68 electronic filing system, which is otherwise designed to
69 increase the ease of filing records, would be hindered. For
70 these reasons, the Legislature finds that it is a public
71 necessity to exempt such information from public records
72 requirements.
73 Section 3. This act shall take effect upon becoming a law.
Page 3 of 3
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 948
INTRODUCER: Senator Grall
SUBJECT: Records Electronically Filed with the Department of State
DATE: March 10, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Favorable
2. GO
3. RC
I. Summary:
SB 948 allows the Department of State (DOS) to implement a password protected system for the
electronic filing of certain records, providing greater security as required documents are filed and
maintained for public access.
This bill provides an effective date of July 1, 2023.
II. Present Situation:
Documents Filed with the Department of State
The DOS is the state’s central location responsible for receiving and maintaining a number of a
number of documents as required by statute, such as service of process for legal proceedings,1
articles of incorporation,2 and registration of fictitious names.3 In receiving and filing required
records under 15 different statutory chapters, the DOS may provide that such documents may be
submitted electronically.4 The following are brief, non-exhaustive descriptions of the 15
chapters and examples of documents required to be filed with the DOS:
Chapter 48, Process and service of process: substitute service of process on general
partnerships, limited liability companies, and non-residents doing business in Florida;5
1
See, e.g., ss. 48,061, 48.062, 48.181, F.S.
2
Section 607.0203, F.S.
3
Section 865.09, F.S.
4
Section 15.16(3), F.S.
5
Sections 48.061(2), 48.062(3), 48.081(1), and 48.181, F.S.
BILL: SB 948 Page 2
Chapter 55, Judgments: judgement lien certificates necessary to perfect a lien in a judgment
debtor’s interest in personal property;6
Chapters 117 and 118: requires that DOS maintain applications, proof of identity, and
registrations for Notaries Public and international notaries:7
Chapter 495, Registration and protection of trademarks: registration of marks, which include
any trademarks, service mark, certification mark, or collective mark;8
Chapter 605, Florida revised limited liability company act: limited liability companies (LLC)
file with DOS a registration with their name, registered agent, and registered office location;9
Chapter 606, Business coordination: DOS creates a master business index and directory of
business activity;10
Chapter 607, Florida business corporation act: corporations file their articles of
incorporation, changes to their registered office or registered agent, and must file an annual
report, among other documents;11
Chapter 610, Cable and video services: applicants file a “certificate of franchise authority”
containing an official name, a principal place of business, and the federal employer
identification number;12
Chapter 617, Corporations not for profit: requires not for profit corporations to file with DOS
their articles of incorporation, changes to their registered office or registered agent, and must
file an annual report, among other documents;13
Chapter 620, Partnership laws: limited partnerships must file a certificate of limited
partnership with DOS containing the name of the limited partnership, the address, and the
business address of each general partner14 as well as an annual report, among other
documents.15 General partnerships must file a partnership registration statement and an
annual report, among other documents.16
Chapter 621, Professional services corporations and limited liability corporations: in addition
to filing documents as may be required under ch. 605 or ch. 607, F.S., a professional
corporation or limited liability company may change the purpose of rendering a professional
service by filing an amendment of its certificate of organization;17
Chapter 679, Uniform commercial code: secured transactions: requires filing of certain
financing statements with DOS in order to perfect a lien in different types of personal
property and for DOS to retain authority and approve forms required to be filed under the
“Florida Secured Transaction Registry;”18
6
Section 55.202(2)(a), F.S.
7
Sections 117.01(2), 117.05(1), 117.225(4), F.S. See also s. 118.10, F.S.
8
Section 495.031(2), F.S.
9
Sections 605.0112(5), 605.113(4), and 605.113(5), F.S. See s. 605.0206, F.S.
10
Section 606.04(1)(a) and 606.04(1)(c), F.S.
11
Sections 607.0203, F.S., 607.0502, 607.1622, F.S. See 607.0120(9), F.S.
12
Sections 610.102, 610.104(2), F.S.
13
Sections 617.0203, 617.0502, 617.1622, F.S.
14
Sections 620.1109, 620.1201(1)(a)–(e), F.S.
15
Section 620.1210, F.S.
16
Sections 620.8105, 620.9003, F.S.
17
Section 621.13(3), F.S.
18
Sections 679.5011, 679.527(3), F. S.
BILL: SB 948 Page 3
Chapter 713, Liens, generally: the Secretary of State or the Secretary’s designee is the filing
officer of the state for purposes of receiving, indexing, and maintaining a record of federal
liens filed in this state,19 and
Chapter 865, Violations of commercial restrictions: fictitious names for business purposes
must be registered with the Division of Corporations within the DOS (Division).20
Public Access to Department of State Filing Data
All files maintained electronically by the Division may be accessed through its website.21
Records available through this website are easily accessible and searchable, including filed
records of business entities, trademarks, fictious names, federal liens, substitute service of
process, notaries, and cable franchises. The public may access and search specific records filed
and maintained as required by the various chapters listed in the statute. Uniform commercial
code financing statements are filed and maintained through a separate portal operated and
maintained by FloridaUCC, LLC, the contract vendor for DOS.22 Access to this website is
limited to registered users and certain uses may require a fee.
Using the website of the Division, corporations use a specific link to file or update their records
and pay fees.23 Information submitted in proper form through DOS’s website is accepted
without further inquiry. All information filed electronically with DOS may be readily changed.
Provided the document submitted meets the statutory requirements and is accompanied by the
correct processing or filing fee, the document is accepted by DOS.24
III. Effect of Proposed Changes:
The bill authorizes the DOS to implement a password protected system for the filing of records.
The DOS may request that those using the password protected system verify their identity and
credentials, including their original signature.
The bill provides a starting point for currently registered businesses to create an account by using
their email address that is on file with the DOS as of January 1, 2024. Through this registered
email address, the DOS may require additional verification of an authorized account holder in
order to file a record through the electronic system.
19
See 713.901(5), F.S.
20
Section 865.09, F.S.
21
Available at: www.dos.myflorida.com/sunbiz (last visited March 10, 2023).
22
Available at: https://www.floridaucc.com/uccweb/ (last visited March 10, 2023).
23
Available at: www.dos.myflorida.com/sunbiz/forms/corporations/#flcorpforms (last visited March 10, 2023).
24
Derek Gilliam, Sarasota Rep. McFarland files bill to secure Sunbiz.org, prevent hijacking of businesses, Herald-Tribune
(Feb. 22, 2023), www.heraldtribune.com (last visited March 10, 2023).
BILL: SB 948 Page 4
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.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 15.16 of the Florida Statutes.
BILL: SB 948 Page 5
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 948 Florida Senate - 2023 SB 948
By Senator Grall
29-01373-23 2023948__ 29-01373-23 2023948__
1 A bill to be entitled 30 chapters 48, 55, 117, 118, 495, 605, 606, 607, 610, 617, 620,
2 An act relating to records electronically filed with 31 621, 679, and 713 and s. 865.09. The Department of State may
3 the Department of State; amending s. 15.16, F.S.; 32 collect e-mail addresses for purposes of notice and
4 authorizing the department to implement certain 33 communication in the performance of its duties and may require
5 systems relating to electronically filed records; 34 filers and registrants to furnish such e-mail addresses when
6 providing requirements and authorizations for the 35 presenting documents for filing.
7 department relating to such systems; providing an 36 (b) The department may implement a password-protected
8 effective date. 37 system for any record electronically received pursuant to
9 38 paragraph (a) and may require filers to produce supplemental
10 Be It Enacted by the Legislature of the State of Florida: 39 materials to use such system, including, but not limited to, an
11 40 original signature of the filer and verification of credentials.
12 Section 1. Subsection (3) of section 15.16, Florida 41 The department may also implement a password-protected system
13 Statutes, as amended by chapter 2022-190, Laws of Florida, is 42 that allows entities organized under the chapters specified in
14 amended to read: 43 paragraph (a) to identify authorized account holders for the
15 15.16 Reproduction of records; admissibility in evidence; 44 purpose of electronically filing records related to the entity.
16 electronic receipt and transmission of records; certification; 45 If the department implements such a system, it must send to each
17 acknowledgment.— 46 e-mail address on file with the Division of Corporations on
18 (3)(a) The Department of State may cause to be received 47 January 1, 2024, a code to participate in a password-protected
19 electronically any records that are required or authorized to be 48 system. The department may require verification of the identity
20 filed with it pursuant to chapter 48, chapter 55, chapter 117, 49 of an authorized account holder before the account holder is
21 chapter 118, chapter 495, chapter 605, chapter 606, chapter 607, 50 authorized to electronically file a record with the department.
22 chapter 610, chapter 617, chapter 620, chapter 621, chapter 679, 51 Section 2. This act shall take effect July 1, 2023.
23 chapter 713, or chapter 865, through facsimile or other
24 electronic transfers, for the purpose of filing such records.
25 The originals of all such electronically transmitted records
26 must be executed in the manner provided in paragraph (5)(b). The
27 receipt of such electronic transfer constitutes delivery to the
28 department as required by law. The department may use electronic
29 transmissions for purposes of notice in the administration of
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: CS/SB 1068
INTRODUCER: Commerce and Tourism Committee and Senator Collins
SUBJECT: Drones
DATE: March 14, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Fav/CS
2. CA
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1068 amends the Unmanned Aircraft Systems Act to define the terms “drone delivery
service” and “drone port” as well as prohibit a political subdivision from withholding the
issuance of a business tax receipt or enacting or enforcing an ordinance or resolution prohibiting
a drone delivery service’s operation based on the location of the delivery service’s drone port.
The bill also provides that drone ports are exempt from the Florida Building Code and the
Florida Fire Prevention Code, including the national codes and the Life Safety Code incorporated
by reference.
The bill provides an effective date of July 1, 2023.
II. Present Situation:
Drones
A drone is a powered, aerial vehicle that:
Does not carry a human operator;
Uses aerodynamic forces to provide vehicle lift;
Can fly autonomously or be piloted remotely;
Can be expendable or recoverable; and
BILL: CS/SB 1068 Page 2
Can carry a lethal or nonlethal payload.1
The full system comprising of a drone and its associated elements – including communication
links and components used to control the drone – is called an unmanned aircraft system (UAS).2
Federal Law and Regulation
Federal law and regulation govern who may fly a drone, as well as when and where the person
may do so. The Federal Aviation Administration (FAA) is responsible for regulating aircraft,
including drones, that fly in the U.S. airspace.3 In February 2012, Congress passed the FAA
Modernization and Reform Act of 2012, which required the FAA to safely open the nation’s
airspace to nongovernmental drones by September 2015.4
Drone Delivery Services
As technology continues to evolve, a new method of facilitating commerce has emerged in the
form of drone delivery services.
In 2019, UPS started their drone delivery service and in 2020 Amazon began their commercial
drone delivery operation.5 As of 2023, nine Walmarts located in Florida offer drone delivery
services.6
Typically, businesses like Walmart utilize third party drone vendors to execute the deliveries and
operate the drone technology. Such vendors, which employ teams of certified pilots that operate
within FAA guidelines, set up delivery hubs at the participating stores and handle the physical
deliveries of the parcels.7
One recent study found that the drone package delivery market is set for a dramatic increase
from a global market size of $988 million in 2020 to an estimated $31 billion global market size
by the year 2028.8
1
Section 934.50(2)(a), F.S.
2
Section 330.41(2)(c), F.S.
3
See 49 U.S.C. s. 40103(b)(1) and (2).
4
Public Law 112-95, February 14, 2012, The FAA Modernization and Reform Act of 2012, Drones in Domestic Surveillance
Operations: Fourth Amendment Implications and Legislative Responses, Congressional Research Service, April 3, 2013,
available at https://sgp.fas.org/crs/natsec/R42701.pdf (last visited March 10, 2023).
5
Federal Aviation Administration, Package Delivery by Drone (Part 135), available at:
https://www.faa.gov/uas/advanced_operations/package_delivery_drone (last visited March 10, 2023).
6
Natalie Neysa Alund. USA Today, Does your local Walmart offer drone delivery? See the list of 36 stores that do here:,
February 14, 2023, available at https://www.usatoday.com/story/money/2023/02/14/walmart-drone-delivery-locations-
states/11254959002/ (last visited March 10, 2023).
7
Jessica Bursztynsky, Fast Company, DroneUp has partnered with Walmart to make home deliveries even faster, November
19, 2022, available at: https://www.fastcompany.com/90810793/droneup-has-partnered-with-walmart-to-make-home-
deliveries-even-faster (last visited March 10, 2023).
8
Fortune Business Insights, Drone Package Delivery Market Size, Share & COVID-19 Impact Analysis, By Type (Fixed
Wing, Rotary Wing, and Hybrid), By Package Size (Less Than 2 Kg, 2-5 Kg, and Above 5 Kg), By End-use (Restaurant &
Food Supply, E-commerce, Healthcare, Retail Logistics & Transportation and Others), and Regional Forecast, 2021-2028,
available at: https://www.fortunebusinessinsights.com/drone-package-delivery-market-104332 (last visited March 10, 2023).
BILL: CS/SB 1068 Page 3
Florida Building Code
The intent of the Florida Building Code is to establish unified and consistent minimum standards
in the design, construction and compliance processes, and regulations for the safety, health, and
general welfare of building occupants.
The Legislature has provided local governments with the power to inspect all buildings,
structures, and facilities within their jurisdiction to protect the public’s health, safety, and
welfare.9
Every local government must enforce the building code and issue building permits.10 It is
unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish
any building without first obtaining a permit from the local government enforcing agency or
from such persons that may, by resolution or regulation, be directed to issue such permit, upon
the payment of reasonable fees as set forth in a schedule of fees adopted by the enforcing
agency.11
A building permit is an official document or certificate issued by the local building official that
authorizes performance of a specific activity.12 A building official is a local government
employee or a person contracted by a local government who supervises building code activities,
including plan review, enforcement, and inspection to ensure work complies with the building
code.13
Florida Fire Prevention Code
The Florida Fire Code is largely based on the National Fire Protection Association’s (NFPA)
Standard 1, Fire Prevention Code, along with the current edition of the NFPA’s Life Safety
Code, NFPA 101.14
The Florida Fire Code is the minimum fire prevention code deemed adopted by each
municipality, county, and special district with firesafety responsibilities, and applies to every
building and structure throughout the state with few exceptions.15 Municipalities, counties, and
special districts with firesafety responsibilities may supplement the Florida Fire Code with more
stringent standards adopted in accordance with s. 633.208, F.S.16
9
Section 553.72, F.S.
10
Sections 125.01(1)(bb), 125.56(1), and 553.80(1), F.S
11
See Sections 125.56(4)(a) and 553.79(1), F.S.
12
Section 202 of the Building Code, Sixth Edition.
13
Section 468.603(2), F.S.
14
Section 633.202(2).
15
Section 633.208, F.S., and 69A-60.002(1), F.A.C.
16
Section 633.208(3), F.S., and 69A-60.002(2), F.A.C.
BILL: CS/SB 1068 Page 4
III. Effect of Proposed Changes:
The bill will incorporate definitions of “drone delivery service” and “drone port” into Florida
law. A “drone delivery service” is defined as a person engaged in a business or profession of
delivering goods via drone, and who is governed by the Small Unmanned Aircraft Systems
Rule.17 A “drone port” is defined as an area of nonresidential land or water which is used, or
intended for use, by a drone delivery service for the landing and takeoff of drones.
The bill will prohibit political subdivisions from withholding the issuance of a business tax
receipt, or from enacting or enforcing an ordinance or resolution prohibiting a drone delivery
service’s operation based on the location of the delivery service’s drone port.
The bill will exempt drone ports from the Florida Building Code and the Florida Fire Prevention
Code, including the national codes and the Life Safety Code incorporated by reference.
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 identified.
17
See 14 C.F.R. 107.
BILL: CS/SB 1068 Page 5
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Line 33 of the bill uses the term “political subdivision,” but does not define it.
VIII. Statutes Affected:
This bill substantially amends sections 330.41, 553.73, and 633.202 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 13, 2023:
The CS provides that drone ports are exempt from the Florida Fire Prevention Code,
including the national codes and the Life Safety Code incorporated by reference.
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 1068 Bill No. SB 1068
Ì917558RÎ917558 Ì917558RÎ917558
LEGISLATIVE ACTION 11 permanently open and allow free ingress and egress.
Senate . House 12 2. “Drone port” has the same meaning as in s. 330.41(2).
Comm: RCS . 13 3. “Nonresidential farm building” has the same meaning as
03/14/2023 . 14 provided in s. 604.50.
. 15 (b) Notwithstanding any other provision of law:
. 16 1. A nonresidential farm building in which the occupancy is
. 17 limited by the property owner to no more than 35 persons is
18 exempt from the Florida Fire Prevention Code, including the
19 national codes and Life Safety Code incorporated by reference.
20 2. An agricultural pole barn is exempt from the Florida
21 Fire Prevention Code, including the national codes and the Life
22 Safety Code incorporated by reference.
23 3. Except for an agricultural pole barn, a structure on a
24 farm, as defined in s. 823.14(3)(c), which is used by an owner
25 for agritourism activity, as defined in s. 570.86, for which the
The Committee on Commerce and Tourism (Collins) recommended the 26 owner receives consideration must be classified in one of the
following: 27 following classes:
28 a. Class 1: A nonresidential farm building that is used by
1 Senate Amendment (with title amendment) 29 the owner 12 or fewer times per year for agritourism activity
2 30 with up to 100 persons occupying the structure at one time. A
3 Between lines 62 and 63 31 structure in this class is subject to annual inspection for
4 insert: 32 classification by the local authority having jurisdiction. This
5 Section 3. Paragraphs (a) and (b) of subsection (16) of 33 class is not subject to the Florida Fire Prevention Code but is
6 section 633.202, Florida Statutes, are amended to read: 34 subject to rules adopted by the State Fire Marshal pursuant to
7 633.202 Florida Fire Prevention Code.— 35 this section.
8 (16)(a) As used in this subsection, the term: 36 b. Class 2: A nonresidential farm building that is used by
9 1. “Agricultural pole barn” means a nonresidential farm 37 the owner for agritourism activity with up to 300 persons
10 building in which 70 percent or more of the perimeter walls are 38 occupying the structure at one time. A structure in this class
39 is subject to annual inspection for classification by the local
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Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1068
Ì917558RÎ917558
40 authority having jurisdiction. This class is not subject to the
41 Florida Fire Prevention Code but is subject to rules adopted by
42 the State Fire Marshal pursuant to this section.
43 c. Class 3: A structure or facility that is used primarily
44 for housing, sheltering, or otherwise accommodating members of
45 the general public. A structure or facility in this class is
46 subject to annual inspection for classification by the local
47 authority having jurisdiction. This class is subject to the
48 Florida Fire Prevention Code.
49 4. A drone port is exempt from the Florida Fire Prevention
50 Code, including the national codes and the Life Safety Code
51 incorporated by reference.
52
53 ================= T I T L E A M E N D M E N T ================
54 And the title is amended as follows:
55 Delete line 7
56 and insert:
57 the Florida Building Code; amending s. 633.202, F.S.;
58 defining the term “drone port”; exempting drone ports
59 from the Florida Fire Prevention Code and other
60 specified codes incorporated by reference; providing
61 an effective
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3/10/2023 8:02:17 AM 577-02395-23
Florida Senate - 2023 SB 1068 Florida Senate - 2023 SB 1068
By Senator Collins
14-01120-23 20231068__ 14-01120-23 20231068__
1 A bill to be entitled 30 political subdivision may not withhold issuance of a business
2 An act relating to drones; amending s. 330.41, F.S.; 31 tax receipt or enact or enforce an ordinance or resolution that
3 defining the terms “drone delivery service” and “drone 32 prohibits a drone delivery service’s operation based on the
4 port”; prohibiting a political subdivision from taking 33 location of the delivery service’s drone port.
5 certain actions relating to drone delivery services; 34 Section 2. Paragraph (l) is added to subsection (10) of
6 amending s. 553.73, F.S.; exempting drone ports from 35 section 553.73, Florida Statutes, to read:
7 the Florida Building Code; providing an effective 36 553.73 Florida Building Code.—
8 date. 37 (10) The following buildings, structures, and facilities
9 38 are exempt from the Florida Building Code as provided by law,
10 Be It Enacted by the Legislature of the State of Florida: 39 and any further exemptions shall be as determined by the
11 40 Legislature and provided by law:
12 Section 1. Present paragraph (c) of subsection (2) and 41 (l) A drone port as defined in s. 330.41(2).
13 present paragraphs (c) and (d) of subsection (3) of section 42
14 330.41, Florida Statutes, are redesignated as paragraph (e) of 43 With the exception of paragraphs (a), (b), (c), and (f), in
15 subsection (2) and paragraphs (d) and (e) of subsection (3), 44 order to preserve the health, safety, and welfare of the public,
16 respectively, and new paragraphs (c) and (d) are added to 45 the Florida Building Commission may, by rule adopted pursuant to
17 subsection (2) and a new paragraph (c) is added to subsection 46 chapter 120, provide for exceptions to the broad categories of
18 (3) of that section, to read: 47 buildings exempted in this section, including exceptions for
19 330.41 Unmanned Aircraft Systems Act.— 48 application of specific sections of the code or standards
20 (2) DEFINITIONS.—As used in this act, the term: 49 adopted therein. The Department of Agriculture and Consumer
21 (c) “Drone delivery service” means a person engaged in a 50 Services shall have exclusive authority to adopt by rule,
22 business or profession of delivering goods via drone and who is 51 pursuant to chapter 120, exceptions to nonresidential farm
23 governed by Title 14 of the Code of Federal Regulations. 52 buildings exempted in paragraph (c) when reasonably necessary to
24 (d) “Drone port” means any area of nonresidential land or 53 preserve public health, safety, and welfare. The exceptions must
25 water which is used, or intended for use, by a drone delivery 54 be based upon specific criteria, such as under-roof floor area,
26 service for the landing and takeoff of drones. 55 aggregate electrical service capacity, HVAC system capacity, or
27 (3) REGULATION.— 56 other building requirements. Further, the commission may
28 (c) Except as otherwise expressly provided, and 57 recommend to the Legislature additional categories of buildings,
29 notwithstanding part II of chapter 163 and chapter 205, a 58 structures, or facilities which should be exempted from the
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 1068
14-01120-23 20231068__
59 Florida Building Code, to be provided by law. The Florida
60 Building Code does not apply to temporary housing provided by
61 the Department of Corrections to any prisoner in the state
62 correctional system.
63 Section 3. This act shall take effect July 1, 2023.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
3/ l3 [*
Meeting Date
APPEARANCE RECORD to bg
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something of value for my appearance
compensation or sponsorship. representing:
pr-.n e- \,p (travel, meals, lodging. etc.),
sponsored by:
This form is part of the public record for this meeting. s-oo1 (o8/10/2o2't)
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 1150
INTRODUCER: Senator Ingoglia
SUBJECT: Department of Agriculture and Consumer Services
DATE: March 10, 2023 REVISED: 3/13/23
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Favorable
2. AEG
3. FP
I. Summary:
SB 1150 addresses various issues related to the Department of Agriculture and Consumer
Services’ (department) Divisions of Licensing and Consumer Services. Specifically the bill:
Allows Class “K” initial applicants to provide military experience as a firearms instructor, or
a valid firearms instructor certificate issued by a federal law enforcement agency within the
last three years, in lieu of having to obtain other firearms training through certain
certifications;
Allows Class “K” licensees renewing their license to demonstrate continued firearms
qualifications by teaching at least six classes during the three-year licensure period in lieu of
having to obtain certain firearm training;
Allows a Class “G” licensee to provide proof of annual training under the Law Enforcement
Officers’ Safety Act to be used in lieu of four hours of annual training;
Allows the Division of Licensing to set or waive license renewal late fees by administrative
rule;
Authorizes the department to post online licensure newsletters and pamphlets in lieu of using
a paper format;
Removes the applicant’s requirement to complete the application under oath;
Reduces the registration fees from $75 per year to $10 per year for certain charities receiving
$50,000 or less in contributions, as well as exempts from registration certain charities
receiving $50,000 or less in total annual revenues;
Clarifies the definition for a “Category I liquefied petroleum gas dealer” to provide that a
dealer is any person who designs the apparatus, piping, tubing, appliances, and equipment for
the use of liquefied petroleum or natural gas; and
Creates criminal penalties for the possession, installation, use, or aiding in the use of
contaminant devices inserted into retail fuel dispensers from its standard operation or
impeding standard functionality. The bill also creates criminal penalties for possessing or
using an auxiliary fuel tank to commit retail fuel theft.
BILL: SB 1150 Page 2
The Legislature’s Office of Economic and Demographic Research (EDR) preliminarily estimates
that the bill will have a “positive indeterminate” prison bed impact (an unquantifiable increase in
prison beds) on criminal penalties for retail fuel theft. See Section V. Fiscal Impact Statement.
The bill takes effect July 1, 2023.
II. Present Situation:
The present situation for each issue is described below in Section III, Effect of Proposed
Changes.
III. Effect of Proposed Changes:
The mission of the department is to support and promote Florida agriculture, protect the
environment, safeguard consumers, and ensure the safety and wholesomeness of food.1
This bill modifies licensing and consumer services provisions under the department’s
jurisdiction.
Division of Licensing (Sections 1, 2, 3, 4, & 5)
Present Situation
The Division of Licensing within the department is responsible for investigating and issuing
licenses for private security industries including Class “G” Statewide Firearm licenses and Class
“K” firearms instructors.2
Class “G” Statewide Firearm License
A Class “G” license is a supplemental license that permits specific licensees to carry a firearm
during the course of their licensed, employment-related activity. A Class “G” license is available
only to individuals who currently hold one of the following licenses:
Private investigator (Class “C”);
Private investigator intern (Class “CC”);
Security officer (Class “D”);
Private investigative or security agency manager (Class “M”);
Private investigative agency manager (Class “MA”); or
Security agency manager (Class “MB”).3
Application and Training Requirements for Class “G” Licensees
An initial applicant for a Class “G” license must complete firearm training, which must include
at least 28 hours of range and classroom training either by in-person instruction, or via live
instruction through a secure website, with no more than eight hours consisting of in-person range
1
Department of Agriculture and Consumer Services, About Us, available at https://www.fdacs.gov/About-Us (last visited
March 10, 2023).
2
Chapter 493, F.S.
3
Section 493.6115(2), F.S.
BILL: SB 1150 Page 3
training which must include safe handling and storage of firearms. The training must be
administered and taught by a Class “K” licensee who verifies the identity and attendance of the
applicant.4
The Class “G” applicant must submit a training certificate to the department upon completion of
the training. Additionally, the Class “K” licensee who provided the training must submit results
directly to the department’s Division of Licensing and provide a copy of the training results to
the trainee.5 An applicant who was discharged within the last 12 months from service as a
military officer, and has completed specific military courses is deemed to have completed a
substantially similar training, and is exempt from the 28 hours of range and classroom training
required for a Class “G” initial license.6
The “Class G” license must be renewed every two years.7 Class “G” licensees must annually
complete four hours of firearms requalification training for each caliber of firearm that he or she
carries in the course of his or her duties.8 The department may waive the firearms training
requirement if:
Proof is provided showing the applicant is currently certified as a law enforcement officer or
correctional officer under the Criminal Justice Standards and Training Commission and has
completed law enforcement firearms requalification training annually during the previous
two years of the licensure period;
The applicant provides proof that he or she is currently certified as a federal law enforcement
officer and has received law enforcement firearms training administered by a federal law
enforcement agency annually during the previous two years of the licensure period; or
The applicant submits one of the valid firearm certificates required for a Class “K” initial
license and provides proof of having completed requalification training during the previous
two years of the licensure period.9
A Class “G” licensee who fails to file a renewal application on or before its expiration must
renew the license by fulling all renewal application requirements and pay a late fee equal to the
amount of the Class “G” license fee.10
Application and Training Requirements for Class “K” Firearms Instructor Licensees
Class “K” Firearms Instructor Licensees provide classroom or range instruction to applicants for
a Class “G” license.11 The initial applicant for a Class “K” license must submit one of the
following certificates to demonstrate continued firearms qualifications:
The Florida Criminal Justice Standards and Training Commission Instructor Certificate and
written confirmation by the commission that the applicant possesses an active firearms
certificate.
4
Section 493.6105(5), F.S. See also Fla. Admin. Code R. 5N-1.132(1)(a).
5
Id.
6
Fla. Admin Code R 5N-1.119
7
Section 493.6113(1), F.S.
8
Section 493.6113(3)(b), F.S.
9
Id.
10
Section 493.6113(4), F.S.
11
Sections 493.6101(14) and 493.6115(7), F.S.
BILL: SB 1150 Page 4
A valid National Rifle Association Private Security Firearm Instructor Certificate issued not
more than three years before the submission of the application.
A valid firearms instructor certificate issued by a federal law enforcement agency issued not
more than three years before the submission of the application.12
The initial applicant must also pay the fee for and pass an examination administered by the
department.13
Class “K” instructors must renew their license every three years14 and submit one of the
certificates, listed above, as proof that he or she remains certified to provide firearms
instruction.15 A Class “K” licensee who fails to file a renewal application on or before its
expiration must renew the license by fulling all renewal application requirements and pay a late
fee equal to the amount of the Class “K” license fee.16
Recovery agent and security officer school or training facility
Any school, training facility, or instructor who offers training for recovery agents or security
officers must file an application with the department which requires the application to be signed
and verified by the applicant under oath.17
Department Publication to the Industry18
The department periodically publishes newsletters and pamphlets advising licensees of certain
information that is of interest to the industry as well as the legal authority, rights, and obligations
for various classes of licensure. The newsletter also contains administrative complaints against
licensed or unlicensed persons or agencies. The newsletter must be published between two to
four times annually, while the pamphlet must be updated every two years as necessary.
Effect of Proposed Changes
Section 1. The bill amends s. 493.6105, F.S., to add a valid DD Form 214 to the list of
certificates an initial applicant for a Class K” license may provide. The DD Form 214 cannot be
issued more than three years before the submission of the Class “K” application, and must state
that the applicant has been honorably discharged and served no less than three years in the
military as a firearms instructor.
Section 2. The bill amends s. 493.6113, F.S., to provide that the department may waive the four-
hour annual firearms training requirement for a Class “G” license renewal if the applicant
provides proof that he or she has completed annual firearms training in accordance with the
requirements of the federal Law Enforcement Officers Safety Act.19
12
Section 493.6105(6)(a), F.S.
13
Section 493.6105(6)(b), F.S.
14
Section 493.6113(1), F.S.
15
Section 493.6113(3)(d), F.S.
16
Section 493.6113(4), F.S.
17
Sections 493.6304(2) and 493.6406(2), F.S.
18
Section 493.6123(1), F.S.
19
See 18 U.S.C., ss. 926B-926C.
BILL: SB 1150 Page 5
The bill provides that a Class “K” licensee renewing their license to demonstrate continued
firearms qualifications can provide proof of having taught at least six 28-hour firearms
instruction courses to Class “G” applicants during the previous 3-year license period in lieu of
having to obtain other firearms training through either a valid Florida Criminal Justice Standards
and Training Commission Instructor Certificate, a valid National Rifle Association Private
Security Firearm Certificate, or a valid firearms instructor certificate issued by a federal law
enforcement agency issued within the last three years.
Pertaining to the failure to renew an application on or before the expiration date of the license,
the bill allows the division to set or waive a license renewal late fee by administrative rule. The
late fee may not exceed the amount of the license fee.
Section 3. The bill amends s. 493.6123, F.S., to authorize the department to publish licensure
newsletters and pamphlets online in lieu of using a paper format.
Sections 4 and 5. The bill amends ss. 493.6304 and 493.6406, F.S., to remove the applicant’s
requirement to complete the application under oath.
Charitable Organization Fees (Sections 6 & 7)
Present Situation
Organizations that intent to solicit donations in Florida are required to register with the
department pursuant to the Solicitation of Contributions Act.20 The Act contains basic
registration, financial disclosures, and notification requirements for charitable organizations and
sponsors, fundraising consultants, and solicitors.
Every charitable organization, sponsor,21 or parent organization22 must pay a single registration
fee as follows:
Ten dollars if the contributions received for the last fiscal year were less than $5,000; or
Ten dollars if the contributions actually raised or received from the public during the
immediately preceding fiscal year by the organization or sponsor are no more than
$25,000 and the fundraising activities are carried on by certain entities who are not
compensated;
Seventy-five dollars if the contributions received for the last fiscal year were $5,000 or more,
but less than $100,000;
One hundred twenty-five dollars if the contributions received for the last fiscal year were
$100,000 or more but less than $200,000;
20
Section 496.401, F.S.
21
Section 496.404(25), F.S., defines a “sponsor” as a group or person who holds herself or himself out to be soliciting
contributions by the use of a name that implies the group or person is in any way affiliated with r organized for the benefit of
emergency service employees or law enforcement officers and the group or person is not a charitable organization.
22
Section 496.404(18), F.S. defines a “parent organization” as part of a charitable organization or sponsor that coordinates,
supervises, or exercises control over policy, fundraising, and expenditures or assists or advises one or more of the
organization’s chapters, branches, or affiliates in Florida.
BILL: SB 1150 Page 6
Two hundred dollars if the contributions received for the last fiscal year were $200,000 or
more but less than $500,000;
Three hundred dollars if the contributions received for the last fiscal year were $500,000 or
more but less than $1 million;
Three hundred fifty dollars if the contributions received for the last fiscal year were $1
million or more but less than $10 million; and
Four hundred dollars if the contributions received for the last fiscal year were $10 million or
more.23
Certain persons and organizations are exempt from these registration fees and requirements
including a charitable organization that has less than $25,000 in total revenue so long as they did
not employ professional solicitors or have paid employees.24
Effect of Proposed Changes
Section 6. The bill amends s. 496.405, F.S., to reduce the registration fees from $75 per year to
$10 per year for certain charities receiving $50,000 or less in contributions. Currently, the
threshold is $25,000.
Section 7. The bill amends s. 496.406, F.S., to exempt from registration certain charities
receiving $50,000 or less in total annual revenues. Currently, the threshold is $25,000.
Liquefied Petroleum Gas (Section 8)
Present Situation
The department regulates the licensing, inspection and training requirements relating to the
liquefied petroleum gas (LPG) industry.25 Section 527.01, F.S., provides definitions for
numerous LPG license categories.
Effect of Proposed Changes
Section 8. The bill amends s. 527.01, F.S. to clarify that a “Category I liquefied petroleum gas
dealer” includes any person who designs the apparatus, piping, tubing, appliances, and
equipment for the use of liquefied petroleum or natural gas.
The term “Category V LP gas installer” is also revised to include a person whose services
include the design of apparatus, piping, tubing, tanks, and equipment for the use of liquefied
petroleum or natural gas.
23
Section 496.405(4)(a), F.S.
24
Section 496.406(1)(d), F.S.
25
Chapter 527, F.S.
BILL: SB 1150 Page 7
Retail Fuel Theft (Section 9)
Present Situation
The department regularly inspects petroleum distribution systems and samples of petroleum
products to ensure consistency as well as retail gas stations to ensure fuel dispensers are working
safety and properly.26
A fuel pulser is a plastic device connected to the fuel pump dispenser meter housed within the
fuel pump. The pulse converts the mechanical movement of the fuel meter, and then sends
electrical pulses to control the dispenser’s electronic display.27
The pulsers can be replaced by an altered pulser that interrupts the electrical signal.28 This
enables the ability to obtain large amounts of gas for a small percentage of the cost. In
Hillsborough County, $60,000 worth of gasoline was stolen from two different gas stations by
individuals using the pulsar manipulation devices.29 In Lakeland, two individuals were caught
while filling up a large gas tank in the back of a pickup truck after accessing the inside of the fuel
pump.30
The use of these devices is not just an issue in Florida. It is happening in other states as well. In
Arizona, the Senate is considering a bill that would make the possession of a pulsar manipulation
device a class 3 felony.31
Currently, law enforcement relies on s. 316.80, F.S., for fuel theft crimes; however, the statute
does not address fuel pulsers and only penalizes the use of conveyances or vehicles equipped
with auxiliary fuel tanks or bladders which do not comply with applicable federal regulation.32
Retail Theft
Section 812.014(1), F.S., provides that a person commits “theft” if he or she knowingly obtains
or uses, or endeavors to obtain or use, the property of another with into to, either temporarily or
permanently
Deprive the other person of a right to the property or a benefit from the property; or
26
Florida Department of Agriculture and Consumer Services, Petroleum Inspection, available at
https://www.fdacs.gov/Business-Services/Petroleum-Inspection (last visited March 10, 2023).
27
Florida Department of Agriculture and Consumer Services, SB 1150 Analysis. On file with the Senate Commerce and
Tourism Committee.
28
Id.
29
Matthew Impelli, Fuel Thieves Used ‘Homemade Device’ to Steal $60,000 in Gas, Police Say, Newsweek, April 4, 2022,
available at https://www.newsweek.com/fuel-thieves-used-homemade-device-steal-60000-gas-police-say-1694856 (last
visited March 10, 2023).
30
Catherine Hawley, Florida men accused of tampering with gas pumps, stealing fuel in Bay area, Fox 13 News, March 17,
2022, available at https://www.fox13news.com/news/florida-men-accused-of-tampering-with-gas-pumps-stealing-fuel-in-
bay-area (last visited March 10, 2023).
31
Morgan Loew, Arizona Senate committee votes to outlaw fuel theft devices, 3TV/CBS 5, Feb. 3, 2023, available at
https://www.azfamily.com/2023/02/03/arizona-senate-committee-votes-outlaw-fuel-theft-devices/ (last visited March 10,
2023).
32
Supra note 27.
BILL: SB 1150 Page 8
Appropriate the property to his or her own use or to the use of any person not entitled to the
use of the property.
The statute punishes “grand theft” and “petit theft”. Grand theft is more severe than petit theft
penalties and is typically theft of property valued at $750 or more. Petit theft is generally theft of
property valued at less than $750.
While theft is generally punished in s. 812.014, F.S., and thefts from retailers can be punished
under that statute, s. 812.015, F.S., is specifically directed at punishing “retail theft,” which the
statute defines as “the taking possession of or carrying away of merchandise,33 property, money,
or negotiable documents; altering or removing a label, universal product code, or price tag;
transferring merchandise from one container to another; or removing a shopping cart, with intent
to deprive the merchant34 of possession, use, benefit, or full retail value.”35
Section 812.015(8), F.S., provides that it is a third degree felony36 to commit retail theft, if the
property stolen is valued at $750 or more, and the person:
Individually commits retail theft, or in concert with one or more other persons, coordinates
the activities of one or more individuals in committing the offense, which may occur through
multiple acts of retail theft, in which the amount of each individual theft is aggregated within
a 30-day period to determine the value of the property stolen;
Conspires with another person to commit retail theft with the intent to sell the stolen property
for monetary or other gain, and subsequently takes or causes such property to be placed in
the control of another person in exchange for consideration, in which the stolen property
taken or placed within a 30-day period is aggregated to determine the value of the stolen
property;
Individually, or in concert with one or more other persons, commits theft from more than one
location within a 30-day period, in which the amount of each individual theft is aggregated to
determine the value of the property stolen;
Acts in concert with one or more other individuals within one or more establishments to
distract the merchant, merchant’s employee, or law enforcement officer in order to carry out
the offense, or acts in other ways to coordinate efforts to carry out the offense; or
Commits the offense through the purchase of merchandise in a package or box that contains
merchandise other than, or in addition to, the merchandise purported to be contained in the
package or box.
Seized or Forfeited Property
The Florida Contraband Forfeiture Act (act)37 provides for the seizure and civil forfeiture of
property related to criminal and non-criminal violations of the law.38 Contraband and other
33
“Merchandise” means “any personal property, capable of manual delivery, displayed, held, or offered for retail sale by a
merchant.” Section 812.015(1)(a), F.S.
34
“Merchant” means “an owner or operator, or the agent, consignee, employee, lessee, or officer of an owner or operator, of
any premises or apparatus used for retail purchase or sale of any merchandise.” Section 812.015(1)(b), F.S.
35
Section 812.015(1)(d), F.S.
36
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.
37
See ss. 932.701-932.7062, F.S.
38
Section 932.701(1), F.S.
BILL: SB 1150 Page 9
property may be seized when utilized during a violation of, or for the purpose of violating, the
act. Property constituting a “contraband article” includes, but is not limited to, motor fuel upon
which the motor fuel tax has not been paid as required by law; vehicles of any kind which was
used or was attempted to be used as an instrumentality in the commission of, or in aiding or
abetting in the commission of, any felony; and personal property including equipment, which
was used or was attempted to be used as an instrumentality in the commission of, or in aiding or
abetting in the commission of, any felony.39
Currently, any contraband article, vessel, motor vehicle, aircraft, other personal property, or real
property used in violation of any provision of the act, or in, upon, or by means of which any
violation of the act has taken or is taking place, may be seized and forfeited subject to the act. 40
If the court finds that the seizure occurred lawfully41 and that probable cause exists for the
seizure, the forfeiture may proceed as set forth in the act.42
Effect of Proposed Changes
Section 9. The bill creates s. 812.0151, F.S. relating to retail fuel theft. The bill provides for
criminal penalties for the possession, installation, use, or aiding in the use of contaminant
devices insert into retail fuel dispensers for the purpose of fraudulently altering, manipulating, or
interrupting a retail fuel dispenser from its standard operation or impeding standard functionality.
Specifically, a person commits a third degree felony when the person:
Intentionally breaches, causes to be breached, or gains access without authorization to any
internal portion of a retail fuel dispenser;
Uses any form of electronic communication from a device such as a wireless remote,
computer, or other device which alters, tricks, or manipulates a retail fuel dispenser;
Obtains fuel as a result of a violation of this section;
Aids, abets, or assists in a violation of this section;
Has possession of any item used to hold fuel which was not fitted to a vehicle or
conveyance43 at the time of manufacture with the intent to use the item, or allow the item to
be used; or
Modifies a vehicle’s factory installed fuel tank for the purpose of committing, attempting to
commit, or aiding, abetting, or assisting someone.
Additionally, a person commits a second degree felony44 when the person:
Tampers with, manipulates, removes, replaces, or interrupts any mechanical or electronic
component located within a retail fuel dispenser for the purpose of devising or executing any
scheme or artifice to defraud or obtain property; or
39
Section 932.701(2)(a)4, 5, and 7, F.S.,
40
Section 932.703(1)(a), F.S.
41
Section 932.703(1)(a), F.S., sets forth the circumstances that permit for a lawful seizure of property.
42
Section 932.703(2)(c), F.S.
43
Section 810.011(3), F.S., defines “conveyance” to mean any motor vehicle, ship, vessel, railroad vehicle or car, trailer,
aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of the conveyance.
44
A second degree felony is generally punishable by not more than 15 years in state prison and a fine not exceeding $10,000.
Sections 775.082 and 775.083, F.S.
BILL: SB 1150 Page 10
Possesses, uses, or installs any device constructed for the purpose of fraudulently altering,
manipulating, or interrupting a retail fuel dispenser from standard operation or impeding the
retail fuel dispenser’s functionality while using any form of electronic communication from a
device such as a wireless remote, computer, or other device that alters, tricks, or manipulates
a retail fuel dispenser.
The bill provides that any conveyances, vehicles, fuel tanks, and other equipment used or
intended to be used in a violation of this section, and any fuel acquired in a violation of this
section, is subject to seizure and forfeiture under the Florida Contraband Forfeiture Act. Law
enforcement that seizes fuel must remove and reclaim, recycle, or dispose of all the fuel as soon
as practicable in a safe and proper manner.
Upon conviction of a person arrested for violating this section, the bill requires a judge to issue
an order adjudging and declaring that all conveyances, vehicles, fuel tanks, and other equipment
used or intended to be used in a violation of this section are forfeited and directing their
destruction, with the exception of the conveyance or vehicle.
The bill specifies that, if convicted, a person is responsible for the following costs and payments:
All reasonable costs incurred by the investigating law enforcement agency, including, but not
limited to, the costs for the towing and storage of the conveyance or vehicle, the removal and
disposal of the fuel, and the storage and destruction of all fuel tanks and other equipment
used or intended to be used in violation of this section; and
Payment to the party from whom it was fraudulently obtained for the retail value of any
associated fuel at the time of the underlying act.
This section does not apply to the following persons who are lawfully engaged in an activity that
would otherwise be a violation of this section:
Inspectors and investigators of the department;
Persons registered with the department under ch. 525, F.S., relating to oil and gas
inspections;
Employees or owners of fuel stations;
Law enforcement officers; and
Firefighters or other necessary public safety personnel.
Lastly, the bill defines “fuel” to mean any of the following:45
Alternative fuel46
Aviation fuel47
Diesel fuel48
Gas49
Motor fuel50
45
Section 163.3206(2), F.S.
46
See s. 525.01, F.S.
47
See s. 206.9815, F.S.
48
See s. 206.86, F.S.
49
See s. 206.9925, F.S.
50
See s. 206.01, F.S.
BILL: SB 1150 Page 11
Natural gas fuel51
Oil52
Petroleum fuel53
Petroleum product54
Miscellaneous Effect of Proposed Changes
Sections 10 and 11 are reenacted to incorporate the amendments made by this act to s. 527.01,
F.S. in Section 8.
The bill takes effect July 1, 2023.
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 identified.
51
See s. 206.9951, F.S.
52
See s. 206.9925, F.S.
53
See s. 525.01, F.S.
54
See s. 206.9925, F.S.
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V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Class “G” may see a cost savings by applying their law enforcement training to their
license renewal requirements. Class “K” licensee renewing their license to demonstrate
continued firearms qualifications may see a cost savings by providing proof of having
taught at least six 28-hour firearms instruction courses to Class “G” applicants during the
previous 3-year license period in lieu of having to obtain certain certifications.
C. Government Sector Impact:
The department may see a cost savings by providing newsletters and pamphlets online
instead of a paper format.
The Criminal Justice Impact Conference, which provides the final, official estimate of
prison bed impact of legislation, if any, has not yet reviewed the bill. However, EDR
preliminarily estimates that the bill will have a “positive indeterminate” prison bed
impact (an unquantifiable increase in prison beds). Additionally, the EDR provided the
following information regarding its estimate:
While these felonies are newly created, other felonies currently exist where fuel theft
offenses might be prosecuted, such as retail theft, grand theft, petit theft, and accessory
after the fact. Per [Department of Corrections], there were 40 new commitments to prison
in FY 18-19 for retail theft offenses, and 23 new commitments in FY 19-20. There were
22 new commitments in FY 20-21, and 14 new commitments in FY 21-22. For grand
theft, there were 1,511 new commitments in FY 18-19, and 1,069 new commitments in
FY 19-20. In FY 20-21, there were 698 new commitments, and in FY 21-22, there were
785 new commitments. While a large proportion of the grand theft commitments include
a third conviction for petit theft, there are also a large number of misdemeanor petit theft
convictions each year for those on their first or second conviction. Per FDLE, in FY 21-
22, there were 9,524 guilty/convicted charges and 2,939 adjudication withheld charges.
These misdemeanors could be elevated to felonies under this new language, though it is
not known how many of these involved the theft of fuel. Finally, the aiding and abetting
parts of this new language could potentially be under the current accessory after the fact
felonies, where there were 41 new commitments in FY 18-19, and 36 new commitments
in FY 19-20. In FY 20-21, there were 26 new commitments, and there were 38 new
commitments in FY 21-22. Per FDLE, for misdemeanor accessory after the fact, there
was one guilty/convicted charge and 2 adjudication withheld charges in FY 21-22.55
55
SB 1150 – Department of Agriculture and Consumer Services (Identical to HB 1307). On file with the Senate Commerce
and Tourism Committee.
BILL: SB 1150 Page 13
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 493.6105, 493.6113, 493.6123, 493.6304, 493.6406,
496.405, 496.406, 527.01, 366.032, and 489.105 of the Florida Statutes.
This bill creates section 812.0151 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 1150 Florida Senate - 2023 SB 1150
By Senator Ingoglia
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1 A bill to be entitled 30 persons are responsible for certain costs and
2 An act relating to the Department of Agriculture and 31 payments; providing applicability; reenacting ss.
3 Consumer Services; amending s. 493.6105, F.S.; making 32 366.032(1)(e) and 489.105(3)(m), F.S., relating to
4 a technical change; revising requirements for 33 preemption over utility service restrictions and
5 applicants for a Class “K” license; amending s. 34 definitions, respectively, to incorporate the
6 493.6113, F.S.; revising the circumstances under which 35 amendments made by this act to s. 527.01, F.S., in
7 the Department of Agriculture and Consumer Affairs may 36 references thereto; providing an effective date.
8 waive firearms training requirements; revising 37
9 requirements for applicants for a Class “K” license; 38 Be It Enacted by the Legislature of the State of Florida:
10 requiring the Division of Licensing of the department 39
11 to establish a specified late fee by rule; amending s. 40 Section 1. Subsection (2) and paragraph (a) of subsection
12 493.6123, F.S.; authorizing the department to publish 41 (6) of section 493.6105, Florida Statutes, are amended to read:
13 certain information online in lieu of using a paper 42 493.6105 Initial application for license.—
14 format; amending ss. 493.6304 and 493.6406, F.S.; 43 (2) Each application must be signed and verified by the
15 making technical changes; amending s. 496.405, F.S.; 44 applicant individual under oath as provided in s. 92.525.
16 revising requirements relating to registration fees 45 (6) In addition to the requirements under subsection (3),
17 for certain charitable organizations, sponsors, and 46 an applicant for a Class “K” license must:
18 parent organizations; amending s. 496.406, F.S.; 47 (a) Submit one of the following:
19 conforming provisions to changes made by the act; 48 1. The Florida Criminal Justice Standards and Training
20 amending s. 527.01, F.S.; revising the definitions of 49 Commission Instructor Certificate and written confirmation by
21 the terms “Category I liquefied petroleum gas dealer” 50 the commission that the applicant possesses an active firearms
22 and “Category V LP gas installer”; creating s. 51 certification.
23 812.0151, F.S.; defining the term “fuel”; providing 52 2. A valid National Rifle Association Private Security
24 criminal penalties for certain actions relating to 53 Firearm Instructor Certificate issued not more than 3 years
25 retail fuel theft; requiring law enforcement agencies 54 before the submission of the applicant’s Class “K” application.
26 to remove and reclaim, recycle, or dispose of fuel in 55 3. A valid firearms instructor certificate issued by a
27 a specified manner; requiring judges to enter a 56 federal law enforcement agency issued not more than 3 years
28 specified order for persons convicted of violating 57 before the submission of the applicant’s Class “K” application.
29 specified provisions; specifying that convicted 58 4. A valid DD Form 214 issued not more than 3 years before
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59 the submission of the applicant’s Class “K” application, 88 training shall be submitted to the department upon completion of
60 indicating that the applicant has been honorably discharged and 89 the training. A Class “G” licensee must successfully complete
61 served no less than 3 years in the military as a firearms 90 this requalification training for each type and caliber of
62 instructor. 91 firearm carried in the course of performing his or her regulated
63 Section 2. Paragraphs (b) and (d) of subsection (3) and 92 duties. If the licensee fails to complete the required 4 hours
64 subsection (4) of section 493.6113, Florida Statutes, are 93 of annual training during the first year of the 2-year term of
65 amended to read: 94 the license, the license shall be automatically suspended. The
66 493.6113 Renewal application for licensure.— 95 licensee must complete the minimum number of hours of range and
67 (3) Each licensee is responsible for renewing his or her 96 classroom training required at the time of initial licensure and
68 license on or before its expiration by filing with the 97 submit proof of completion of such training to the department
69 department an application for renewal accompanied by payment of 98 before the license may be reinstated. If the licensee fails to
70 the renewal fee and the fingerprint retention fee to cover the 99 complete the required 4 hours of annual training during the
71 cost of ongoing retention in the statewide automated biometric 100 second year of the 2-year term of the license, the licensee must
72 identification system established in s. 943.05(2)(b). Upon the 101 complete the minimum number of hours of range and classroom
73 first renewal of a license issued under this chapter before 102 training required at the time of initial licensure and submit
74 January 1, 2017, the licensee shall submit a full set of 103 proof of completion of such training to the department before
75 fingerprints and fingerprint processing fees to cover the cost 104 the license may be renewed. The department may waive the
76 of entering the fingerprints into the statewide automated 105 firearms training requirement if:
77 biometric identification system pursuant to s. 493.6108(4)(a) 106 1. The applicant provides proof that he or she is currently
78 and the cost of enrollment in the Federal Bureau of 107 certified as a law enforcement officer or correctional officer
79 Investigation’s national retained print arrest notification 108 under the Criminal Justice Standards and Training Commission and
80 program. Subsequent renewals may be completed without submission 109 has completed law enforcement firearms requalification training
81 of a new set of fingerprints. 110 annually during the previous 2 years of the licensure period;
82 (b) Each Class “G” licensee shall additionally submit proof 111 2. The applicant provides proof that he or she is currently
83 that he or she has received during each year of the license 112 certified as a federal law enforcement officer and has received
84 period a minimum of 4 hours of firearms requalification training 113 law enforcement firearms training administered by a federal law
85 taught by a Class “K” licensee and has complied with such other 114 enforcement agency annually during the previous 2 years of the
86 health and training requirements that the department shall adopt 115 licensure period; or
87 by rule. Proof of completion of firearms requalification 116 3. The applicant submits a valid firearm certificate among
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117 those specified in s. 493.6105(6)(a) and provides proof of 146 (2) The application must shall be signed and verified by
118 having completed requalification training during the previous 2 147 the applicant under oath as provided in s. 92.525 and must
119 years of the licensure period; or 148 contain, at a minimum, the following information:
120 4. The applicant provides proof that he or she has 149 (a) The name and address of the school or training facility
121 completed annual firearms training in accordance with the 150 and, if the applicant is an individual, her or his name,
122 requirements of the federal Law Enforcement Officers Safety Act 151 address, and social security or alien registration number.
123 under 18 U.S.C. ss. 926B-926C. 152 (b) The street address of the place at which the training
124 (d) Each Class “K” licensee shall additionally submit: 153 is to be conducted.
125 1. One of the certificates specified under s. 493.6105(6) 154 (c) A copy of the training curriculum and final examination
126 as proof that he or she remains certified to provide firearms 155 to be administered.
127 instruction; or 156 Section 5. Subsection (2) of section 493.6406, Florida
128 2. Proof of having taught at least six 28-hour firearms 157 Statutes, is amended to read:
129 instruction courses to Class “G” applicants during the previous 158 493.6406 Recovery agent school or training facility.—
130 3-year license period. 159 (2) The application must be signed and verified by the
131 (4) A licensee who fails to file a renewal application on 160 applicant under oath as provided in s. 92.525 and must shall
132 or before its expiration must renew his or her license by 161 contain, at a minimum, the following information:
133 fulfilling the applicable requirements of subsection (3) and may 162 (a) The name and address of the school or training facility
134 be required to pay by paying a late fee equal to the amount of 163 and, if the applicant is an individual, his or her name,
135 the license fee. The division shall establish the amount of the 164 address, and social security or alien registration number.
136 late fee authorized under this subsection by rule; however, such 165 (b) The street address of the place at which the training
137 late fee may not exceed the amount of the license fee. 166 is to be conducted or the street address of the Class “RS”
138 Section 3. Subsection (3) is added to section 493.6123, 167 school offering Internet-based or correspondence training.
139 Florida Statutes, to read: 168 (c) A copy of the training curriculum and final examination
140 493.6123 Publication to industry.— 169 to be administered.
141 (3) The department may publish all information required by 170 Section 6. Paragraph (a) of subsection (4) of section
142 this section online in lieu of using a paper format. 171 496.405, Florida Statutes, is amended to read:
143 Section 4. Subsection (2) of section 493.6304, Florida 172 496.405 Registration statements by charitable organizations
144 Statutes, is amended to read: 173 and sponsors.—
145 493.6304 Security officer school or training facility.— 174 (4)(a) Every charitable organization, sponsor, or parent
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175 organization filing on behalf of one or more chapters, branches, 204 5. Three hundred dollars, if the contributions received for
176 or affiliates that is required to register under this section 205 the last fiscal year were $500,000 or more, but less than $1
177 must pay a single registration fee. A parent organization filing 206 million;
178 on behalf of one or more chapters, branches, or affiliates shall 207 6. Three hundred fifty dollars, if the contributions
179 total all contributions received by the chapters, branches, or 208 received for the last fiscal year were $1 million or more, but
180 affiliates included in the registration statement to determine 209 less than $10 million;
181 registration fees. Fees shall be assessed as follows: 210 7. Four hundred dollars, if the contributions received for
182 1.a. Ten dollars, if the contributions received for the 211 the last fiscal year were $10 million or more.
183 last fiscal or calendar year were less than $5,000; or 212 Section 7. Paragraph (d) of subsection (1) of section
184 b. Ten dollars, if the contributions actually raised or 213 496.406, Florida Statutes, is amended to read:
185 received from the public during the immediately preceding fiscal 214 496.406 Exemption from registration.—
186 year by such organization or sponsor are no more than $50,000 215 (1) The following charitable organizations and sponsors are
187 $25,000 and the fundraising activities of such organization or 216 exempt from the requirements of s. 496.405:
188 sponsor are carried on by volunteers, members, officers, or 217 (d) A charitable organization or sponsor that has less than
189 permanent employees, who are not compensated, primarily to 218 $50,000 $25,000 in total revenue during a fiscal year if the
190 solicit such contributions, provided no part of the assets or 219 fundraising activities of such organization or sponsor are
191 income of such organization or sponsor inures to the benefit of 220 carried on by volunteers, members, or officers who are not
192 or is paid to any officer or member of such organization or 221 compensated and no part of the assets or income of such
193 sponsor or to any professional fundraising consultant, 222 organization or sponsor inures to the benefit of or is paid to
194 professional solicitor, or commercial co-venturer; 223 any officer or member of such organization or sponsor or to any
195 2. Seventy-five dollars, if the contributions received for 224 professional fundraising consultant, professional solicitor, or
196 the last fiscal year were $5,000 or more, but less than 225 commercial co-venturer. If a charitable organization or sponsor
197 $100,000; 226 that has less than $50,000 $25,000 in total revenue during a
198 3. One hundred twenty-five dollars, if the contributions 227 fiscal year actually acquires total revenue equal to or in
199 received for the last fiscal year were $100,000 or more, but 228 excess of $50,000 $25,000, the charitable organization or
200 less than $200,000; 229 sponsor must register with the department as required by s.
201 4. Two hundred dollars, if the contributions received for 230 496.405 within 30 days after the date the revenue reaches
202 the last fiscal year were $200,000 or more, but less than 231 $50,000 $25,000.
203 $500,000; 232 Section 8. Subsections (6) and (10) of section 527.01,
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233 Florida Statutes, are amended to read: 262 fuel dispenser commits a felony of the third degree, punishable
234 527.01 Definitions.—As used in this chapter: 263 as provided in s. 775.082, s. 775.083, or s. 775.084.
235 (6) “Category I liquefied petroleum gas dealer” means any 264 (b) Tampers with, manipulates, removes, replaces, or
236 person selling or offering to sell by delivery or at a 265 interrupts any mechanical or electronic component located within
237 stationary location any liquefied petroleum gas to the consumer 266 a retail fuel dispenser for the purpose of devising or executing
238 for industrial, commercial, or domestic use; any person leasing 267 any scheme or artifice to defraud or obtain property commits a
239 or offering to lease, or exchanging or offering to exchange, any 268 felony of the second degree, punishable as provided in s.
240 apparatus, appliances, and equipment for the use of liquefied 269 775.082, s. 775.083, or s. 775.084.
241 petroleum gas; any person designing, installing, servicing, 270 (c) Uses any form of electronic communication from a device
242 altering, or modifying apparatus, piping, tubing, appliances, 271 such as a wireless remote, computer, or other device which
243 and equipment for the use of liquefied petroleum or natural gas; 272 alters, tricks, or manipulates a retail fuel dispenser commits a
244 any person installing carburetion equipment; or any person 273 felony of the third degree, punishable as provided in s.
245 requalifying cylinders. 274 775.082, s. 775.083, or s. 775.084.
246 (10) “Category V LP gas installer” means any person who is 275 (d) Possesses, uses, or installs any device constructed for
247 engaged in the liquefied petroleum gas business and whose 276 the purpose of fraudulently altering, manipulating, or
248 services include the design, installation, servicing, altering, 277 interrupting a retail fuel dispenser from standard operation or
249 or modifying of apparatus, piping, tubing, tanks, and equipment 278 impeding the retail fuel dispenser’s functionality while
250 for the use of liquefied petroleum or natural gas and selling or 279 violating paragraph (c) commits a felony of the second degree,
251 offering to sell, or leasing or offering to lease, apparatus, 280 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
252 appliances, and equipment for the use of liquefied petroleum or 281 (e) Obtains fuel as a result of a violation of this section
253 natural gas. 282 commits a felony of the third degree, punishable as provided in
254 Section 9. Section 812.0151, Florida Statutes, is created 283 s. 775.082, s. 775.083, or s. 775.084.
255 to read: 284 (f) Aids, abets, or assists in a violation of this section
256 812.0151 Retail fuel theft.— 285 commits a felony of the third degree, punishable as provided in
257 (1) As used in this section, the term “fuel” has the same 286 s. 775.082, s. 775.083, or s. 775.084.
258 meaning as in s. 163.3206(2). 287 (g) Has in his or her possession any item used to hold fuel
259 (2) Any person who: 288 which was not fitted to a vehicle or conveyance at the time of
260 (a) Intentionally breaches, causes to be breached, or gains 289 manufacture with the intent to use such item, or allow such item
261 access without authorization to any internal portion of a retail 290 to be used, in a violation of this section commits a felony of
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291 the third degree, punishable as provided in s. 775.082, s. 320 (b) Payment, to the party from whom it was fraudulently
292 775.083, or s. 775.084. 321 obtained, for the retail value of any associated fuel at the
293 (h) Any person who modifies a vehicle’s factory installed 322 time of the underlying act.
294 fuel tank for the purpose of committing, attempting to commit, 323 (7) This section does not apply to the following persons
295 or aiding, abetting, or assisting someone in a violation of this 324 who are lawfully engaged in an activity that would otherwise be
296 section commits a felony of the third degree, punishable as 325 a violation of this section:
297 provided in s. 775.082, s. 775.083, or s. 775.084. 326 (a) Inspectors and investigators of the Department of
298 (3) Any conveyances, vehicles, fuel tanks, and other 327 Agriculture and Consumer Services;
299 equipment used or intended to be used in a violation of this 328 (b) Persons registered with the Department of Agriculture
300 section, and any fuel acquired in a violation of this section, 329 and Consumer Services under chapter 525;
301 is subject to seizure and forfeiture as provided by the Florida 330 (c) Employees or owners of fuel stations;
302 Contraband Forfeiture Act. 331 (d) Law enforcement officers; and
303 (4) A law enforcement agency that seizes fuel under this 332 (e) Firefighters or other necessary public safety
304 section must remove and reclaim, recycle, or dispose of all the 333 personnel.
305 fuel as soon as practicable in a safe and proper manner. 334 Section 10. For the purpose of incorporating the amendments
306 (5) Upon conviction of a person arrested for a violation of 335 made by this act to section 527.01, Florida Statutes, in a
307 this section, the judge must issue an order adjudging and 336 reference thereto, paragraph (e) of subsection (1) of section
308 declaring that all conveyances, vehicles, fuel tanks, and other 337 366.032, Florida Statutes, is reenacted to read:
309 equipment used or intended to be used in a violation of this 338 366.032 Preemption over utility service restrictions.—
310 section are forfeited and directing their destruction, with the 339 (1) A municipality, county, special district, or other
311 exception of the conveyance or vehicle. 340 political subdivision of the state may not enact or enforce a
312 (6) Any person convicted of a violation of this section is 341 resolution, ordinance, rule, code, or policy or take any action
313 responsible for both of the following: 342 that restricts or prohibits or has the effect of restricting or
314 (a) All reasonable costs incurred by the investigating law 343 prohibiting the types or fuel sources of energy production which
315 enforcement agency, including, but not limited to, the costs for 344 may be used, delivered, converted, or supplied by the following
316 the towing and storage of the conveyance or vehicle, the removal 345 entities to serve customers that such entities are authorized to
317 and disposal of the fuel, and the storage and destruction of all 346 serve:
318 fuel tanks and other equipment described and used or intended to 347 (e) A Category I liquefied petroleum gas dealer or Category
319 be used in a violation of this section. 348 II liquefied petroleum gas dispenser or Category III liquefied
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349 petroleum gas cylinder exchange operator as defined in s. 378 design plumbing. A plumbing contractor may install, maintain,
350 527.01. 379 repair, alter, extend, or, if not prohibited by law, design the
351 Section 11. For the purpose of incorporating the amendments 380 following without obtaining an additional local regulatory
352 made by this act to section 527.01, Florida Statutes, in a 381 license, certificate, or registration: sanitary drainage or
353 reference thereto, paragraph (m) of subsection (3) of section 382 storm drainage facilities, water and sewer plants and
354 489.105, Florida Statutes, is reenacted to read: 383 substations, venting systems, public or private water supply
355 489.105 Definitions.—As used in this part: 384 systems, septic tanks, drainage and supply wells, swimming pool
356 (3) “Contractor” means the person who is qualified for, and 385 piping, irrigation systems, and solar heating water systems and
357 is only responsible for, the project contracted for and means, 386 all appurtenances, apparatus, or equipment used in connection
358 except as exempted in this part, the person who, for 387 therewith, including boilers and pressure process piping and
359 compensation, undertakes to, submits a bid to, or does himself 388 including the installation of water, natural gas, liquefied
360 or herself or by others construct, repair, alter, remodel, add 389 petroleum gas and related venting, and storm and sanitary sewer
361 to, demolish, subtract from, or improve any building or 390 lines. The scope of work of the plumbing contractor also
362 structure, including related improvements to real estate, for 391 includes the design, if not prohibited by law, and installation,
363 others or for resale to others; and whose job scope is 392 maintenance, repair, alteration, or extension of air-piping,
364 substantially similar to the job scope described in one of the 393 vacuum line piping, oxygen line piping, nitrous oxide piping,
365 paragraphs of this subsection. For the purposes of regulation 394 and all related medical gas systems; fire line standpipes and
366 under this part, the term “demolish” applies only to demolition 395 fire sprinklers if authorized by law; ink and chemical lines;
367 of steel tanks more than 50 feet in height; towers more than 50 396 fuel oil and gasoline piping and tank and pump installation,
368 feet in height; other structures more than 50 feet in height; 397 except bulk storage plants; and pneumatic control piping
369 and all buildings or residences. Contractors are subdivided into 398 systems, all in a manner that complies with all plans,
370 two divisions, Division I, consisting of those contractors 399 specifications, codes, laws, and regulations applicable. The
371 defined in paragraphs (a)-(c), and Division II, consisting of 400 scope of work of the plumbing contractor applies to private
372 those contractors defined in paragraphs (d)-(q): 401 property and public property, including any excavation work
373 (m) “Plumbing contractor” means a contractor whose services 402 incidental thereto, and includes the work of the specialty
374 are unlimited in the plumbing trade and includes contracting 403 plumbing contractor. Such contractor shall subcontract, with a
375 business consisting of the execution of contracts requiring the 404 qualified contractor in the field concerned, all other work
376 experience, financial means, knowledge, and skill to install, 405 incidental to the work but which is specified as being the work
377 maintain, repair, alter, extend, or, if not prohibited by law, 406 of a trade other than that of a plumbing contractor. This
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407 definition does not limit the scope of work of any specialty
408 contractor certified pursuant to s. 489.113(6) and does not
409 require certification or registration under this part as a
410 category I liquefied petroleum gas dealer, or category V LP gas
411 installer, as defined in s. 527.01, who is licensed under
412 chapter 527 or an authorized employee of a public natural gas
413 utility or of a private natural gas utility regulated by the
414 Public Service Commission when disconnecting and reconnecting
415 water lines in the servicing or replacement of an existing water
416 heater. A plumbing contractor may perform drain cleaning and
417 clearing and install or repair rainwater catchment systems;
418 however, a mandatory licensing requirement is not established
419 for the performance of these specific services.
420 Section 12. This act shall take effect July 1, 2023.
Page 15 of 15
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
3t13123 1 150
APPEARANCE RECORD
Meeting Date Bill NumberorTopic
Deliver both copies of this form to
Commerce & Tourism Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Alex Haley (850) 617-7700
Name Phone
Address 400 S. Monroe St. - PL 10 ,r",, alex. haley@fdacs.gov
Stteet
Tallahassee FL 32399
City State Zip
Speaking: - ln ror -lE ngalnst [[ tnformation OR waivespeaking: |[ lnsupport |!-ngainst
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without
compensation or sponsorship.
V I am a registered lobbyis!
representing:
am not lobbyis! but received
Itr something
I a
of value for my appearance
(travel, meals. lodging, etc.),
Florida Department of Agriculture sponsored by:
& Consumer Services
This form is part of the public record for this meeting. s-001 (08/1012021)
March 8, 2023
Agency Affected: Dept. of Agriculture and Consumer Services Telephone: 850-617-7000
Agency Contact: Isabelle Garbarino, Legislative Affairs Director Telephone: 850-617-7700
Senate Bill Number: 1150 Senate Bill Sponsor: Sen. Ingoglia
Bill Title: Department of Agriculture and Consumer Services
Effective Date: July 1, 2023
Similar Bill(s): Yes No
Similar Bill(s):
Identical Bill: Yes No
Identical Bill: HB 1307 – by Rep. McClure
1. SUMMARY
This bill amends, clarifies, and/or adds language affecting the Florida Department of
Agriculture and Consumer Services’ (FDACS) Division of Licensing (DOL) and the
Division of Consumer Services (CS).
Within DOL, this bill amends s. 493.6105(2); 493.6304(2) and 493.6406(2), F.S., to clarify
that a signed declaration is sufficient for verification purposes on application forms,
consistent with the language of s. 92.525, F.S.
It amends s. 493.6105(6)(a), F.S., to allow Class “K” firearms instructor applicants to
provide military experience as a firearms instructor in lieu of having to obtain other firearms
training through either a valid Florida Criminal Justice Standards and Training Commission
Instructor Certificate, a valid National Rifle Association Private Security Firearm
Certificate, or a valid firearms instructor certificate issued by federal law enforcement
agency issued within the last 3 years.
It adds s. 493.6113(3)(b)4. , F.S., to allow Class “G” statewide firearms licensees to
provide proof of annual training under the Law Enforcement Officers’ Safety Act in lieu of
the 4 hours of annual training currently required.
It amends s. 493.6113(3)(d) , F.S., to allow Class “K” licensees renewing their license to • Currently, s. 493.6105(6)(a) requires Class “K” firearms instructor applicants to provide
demonstrate continued firearms qualification by teaching at least six (6) classes during the firearms training through either a valid Florida Criminal Justice Standards and Training
three-year licensure period in lieu of having to obtain other firearms training through either Commission Instructor Certificate, a valid National Rifle Association Private Security
a valid Florida Criminal Justice Standards and Training Commission Instructor Certificate, Firearm Certificate, or a valid firearms instructor certificate issued by a federal law
a valid National Rifle Association Private Security Firearm Certificate, or a valid firearms enforcement agency within the last 3 years. DOL Rule 5N-1.119, F.A.C., allows credit
instructor certificate issued by federal law enforcement agency issued within the last 3 for relevant military training and education, but does not specifically address these
years. requirements for Class “K” applicants.
• Currently, Class “G” license holders who are retired law enforcement officers are not
It amends s. 493.6113(4) , F.S., to allow the division to set or waive license renewal late able to use their annual requalification authorized by federal law in the Law
fees by administrative rule. Enforcement Officers’ Safety Act in lieu of 4 hours of annual training required by Ch.
493.
It amends s. 493.6123, F.S., to allow the department to post online the newsletters and • Currently, Ch. 493, F.S., requires Class “K” firearms instructors to show proficiency
pamphlets it is required to provide the public. training for each 3-year license period after initial licensure. The three current options
are a valid Florida Criminal Justice Standards and Training Commission Instructor
Within CS, the bill would make statutory changes to Ch. 496, F.S., to expand the number Certificate, a valid National Rifle Association Private Security Firearm Certificate, and
of charitable organizations and sponsors (charities) that qualify for reduced registration a valid firearms instructor certificate issued by federal law enforcement agency issued
fees or that are exempt from registration. Specifically, s. 496.405, , F.S., would be within the last 3 years. Some military firearms instructors who qualify for initial Class
amended to reduce registration fees from $75 to $10 for certain applicants receiving “K” licensure through military experience cannot obtain any of the three certification
$50,000 or less in contributions per year; and amend s. 496.406 to exempt from options and are unable to renew as Class “K” instructors.
registration certain charities with less than $50,000 in yearly revenue. Both thresholds • Currently, Ch. 493, F.S., requires a licensee who fails to file a renewal application on
are currently set at $25,000. or before its expiration date to pay an additional late fee equal to the amount of the
renewal fee.
The bill amends definitions in Ch. 527, F.S., to be consistent with the authority in s. • Currently, Ch. 493, F.S., requires the department to publish pamphlets for licensees
527.06(2), F.S., which allows the department to set standards for the design of liquefied and a semi-annual newsletter. The language requiring pamphlets does not allow for
petroleum (LP) gas storage systems. NFPA 58, which is adopted by CS rule, the department to move to digital publication.
contemplates that liquefied petroleum professionals can design such systems within • Ch. 496, F.S., requires charitable organizations and sponsors (charities) to pay
their expertise. The proposed change clarifies that the definitions of category I liquefied registration fees based upon contributions (a term defined in s. 496.404(5), F.S.)
petroleum gas dealer and category V LP gas installer include aspects of design collected in the immediately preceding fiscal year. The registration fee is $10 per year
consistent with NFPA 58. for charities that do not pay for the services of professional solicitors, that are run
entirely by unpaid volunteers, and that do not receive more than $25,000 in
Finally, the bill creates s. 812.0151, F.S., Retail Fuel Theft, which was recommended by contributions.
FDACS Office of Agriculture and Law Enforcement (OALE) and the US Secret Service. • The law provides exemptions from registration for specified entities, including charities
This legislation would create criminal penalties for the possession, installation, use, or that do not pay for the services of professional solicitors, that are run entirely by unpaid
aiding in the use of contaminant devices inserted into retail fuel dispensers for the volunteers, and that have less than $25,000 in total revenue during a fiscal year.
purpose of fraudulently altering, manipulating, or interrupting a retail fuel dispenser from Though these charities are not required to register, they must still provide certain
standard operation or impeding standard functionality. Additionally, it would create information, including financial information, on an annual basis.
criminal penalties for the possession or use of an auxiliary fuel tank used to commit retail
• Currently, the definitions of category I liquefied petroleum gas dealer and category V
fuel theft. The bill also provides for the forfeiture of conveyances or vehicles, fuel tanks,
LP gas installer found in s. 527.01, F.S., omit the words designing and design,
related fuel, and other equipment associated with retail fuel theft; and requires any
respectively, when describing the various liquefied petroleum services that fall under
person convicted of retail fuel theft to be responsible for the reasonable costs of the
these categories.
investigating law enforcement agency and compensation to the victim for the retail value
• A fuel pulser is a plastic device connected to the fuel pump dispenser meter housed
of the fuel.
within the fuel pump. The pulser converts the mechanical movement of the fuel meter,
and then sends electrical pulses to control the dispenser’s electronic display. These
pulsers can be replaced by an altered pulser that interrupts the electrical signal thus
2. PRESENT SITUATION allowing large quantities of fuel to be dispensed without being charged. Stolen fuel is
• Currently, the law requires that a Ch. 493, F.S., application for licensure contain the then sold at discounted rates on the black market. Currently, possession of an altered
signature and verification of the applicant “under oath.” The statute directly references fuel pulser produced to facilitate fuel theft is legal in Florida.
s. 92.525, which governs the various methods of document verification under Florida • Multiple law enforcement agencies throughout Florida continue to report fuel pulser
law. compromises at fuel stations in their jurisdictions. Some incidents ended with arrests,
and subsequently made national news. These arrests were made for the theft of fuel.
Often, perpetrators are found in the possession of fuel pulsers and modified fuel tanks potential cost-savings by reducing the amount of printing, warehousing, postage and
used in these crimes. Currently, law enforcement does not have the authority to file supplies costs. Licensees would be able to access up-to-date material online rather
charges based on the possession of these devices that have the sole purpose of being than potentially outdated printed material and DOL would retain the ability to mail
used to commit fuel theft. Recent information from the US Secret Service indicates hard copies of the information when appropriate.
that each fuel pulser represents a potential economic loss of $2-3 million per year. • Increase solicitation of contributions thresholds to reduce fees and registration for
These losses contribute to price increases consumers pay for fuel. charitable organization applications. It will reduce registration fees from $75 per year
• Law enforcement currently relies on s. 316.80, F.S., for fuel theft crimes; however, the to $10 per year for certain charities receiving $50,000 or less in contributions.
statute does not address the issue of fuel pulsers. Further, the statute only penalizes Exempts from registration certain charities with less than $50,000 in annual
the use of conveyances or vehicles equipped with auxiliary fuel tanks or bladders revenues. Currently, both thresholds are set at $25,000.
which do not comply with applicable federal regulation. Since federal regulations allow • Clarifies that a category I liquefied petroleum gas dealer includes persons who
any non-leaking container to be used to transport diesel fuel, the statute is design liquefied petroleum gas apparatus and equipment and clarifies that a
unenforceable in such situations. category V LP gas installer includes persons whose services include designing LP
gas apparatus and equipment.
3. EFFECT OF PROPOSED CHANGES • The proposed legislation creates s. 812.0151, F.S., Retail Fuel Theft, which provides
• The language in ss. 493.6105(2), 493.6304(2), and 493.6406(2) , F.S., is clarified to criminal penalties for the possession, installation, use, or aiding in the use of any
allow a signed declaration without an oath for verification purposes. Chapter 493, device inserted into retail fuel dispensers for the purpose of fraudulently altering,
F.S., requirements will now comport with the added efficiency of s. 95.525, F.S., and manipulating, or interrupting a retail fuel dispenser from standard operation or
applicants will be spared the time and potential expense of notarization. impeding standard functionality; as well for the possession of an auxiliary fuel tank,
• The proposed legislation would make explicit that Class “K” applicants are able to or any item used to hold fuel, or modification of a factory fuel tank in connection with
provide military experience as a firearms instructor in lieu of having to obtain other retail fuel theft. The bill also provides for forfeiture of conveyances or vehicles, fuel
firearms training through either a valid Florida Criminal Justice Standards and tanks, related fuel, and other equipment associated with retail fuel theft. Anyone
Training Commission Instructor Certificate, a valid National Rifle Association Private convicted under the new section will be responsible for the reasonable costs of the
Security Firearm Certificate, or a valid firearms instructor certificate issued by a investigating law enforcement agency as well as paying the victim the retail value of
federal law enforcement agency within the last 3 years. This will allow qualified the fuel.
former military firearms instructors another method of demonstrating firearms
instructor proficiency.
4. FISCAL IMPACT ON FDACS
• The proposed legislation will allow Class “G” license holders who are retired law
enforcement officers to use their annual requalification authorized by federal law in The majority of the provisions in this bill pose a negligible fiscal impact to the department
the Law Enforcement Officers’ Safety Act in lieu of the 4-hour annual training based on the waiver and exemption of fees proposed.
currently required. This eliminates the cost and administrative burden on retired law
enforcement officers who receive annual training under LEOSA from having to 5. IS THERE AN ESTIMATED FISCAL IMPACT ON LOCAL GOVERNMENT(s)?
complete additional training. None identified.
• Modifying the renewal requirements for “K” licenses allows Class “K” instructors to
demonstrate their continued proficiency by teaching at least six (6) classes during 6. IS THERE AN ESTIMATED FISCAL IMPACT ON THE PRIVATE SECTOR?
the three-year licensure period in lieu of providing a valid Florida Criminal Justice
Class “K” firearms instructors could see a reduction in demand for their services for the
Standards and Training Commission Instructor Certificate, a valid National Rifle
Association Private Security Firearm Certificate, or a valid firearms instructor annual training required for a renewing Class G licensee. It is difficult to quantify exactly
certificate issued by federal law enforcement agency within the last 3 years. This what this impact might be.
recognizes that Class “K” licensees retain proficiency by performing multiple classes
during their licensure period. This showing of proficiency is similar to the Criminal 7. ARE THERE ESTIMATED TAXES, FEES, OR FINES ASSOCIATED WITH THE
Justice Standards & Training Commission (CJSTC) requirement that instructors PROPOSED BILL? (If yes, please explain the impact in A and/or B below)
provide proof of teaching one course during a four-year cycle as part of maintaining
their certification (Rule 11B-20.0017, Florida Administrative Code). This eliminates
an administrative burden that prevents some military veterans from renewing their A. Does the proposed bill create new or increase existing taxes, fees, or fines? If
Class “K” license. so, please explain.
• Granting DOL the authority to modify late fee assessment provisions for renewal No.
applications by administrative rule would allow the division to limit late fees or waive
late fees in situations where doing so is necessary in the interest of fairness. B. Does the proposed bill repeal or decrease existing taxes, fees, or fines? If so,
• Adding online publication authority would modernize the method DOL uses to please explain.
disseminate information that to share with the public. This would also result in a
The DOL statute currently sets the renewal late fee at the amount equal to the
licensee fee. The revisions will all DOL to adopt a new late fee by rule at a lower
amount.
By changing the thresholds for reduced registration fees and exemptions, the bill
would lower registration fees from $75 to $10 per year for certain charities and would
increase the number of charities exempt from registration.
C. DOES THE BILL DIRECT OR ALLOW THE DEPARTMENT TO DEVELOP,
ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES, OR
PROCEDURES?
a. Yes
b. If yes please explain: DOL will promulgate reasonable late fee requirements
by administrative rule.
8. DOES THE PROPOSED BILL REQUIRE THE DEPARTMENT TO PARTICIPATE IN
OR PRODUCE ANY REPORTS OR STUDIES?
a. No
b. If yes please explain:
9. ARE THERE ANY APPOINTMENTS, CREATION OF, OR CHANGES TO ANY
BOARDS, TASK FORCES, COUNCILS, COMMISSIONS, ETC. THAT WILL IMPACT
THE DEPARTMENT?
a. No
b. If yes please explain:
LEGAL ISSUES
10. Does the proposed bill conflict with existing federal law or regulations that impact
the department? If so, what laws and/or regulations?
None identified.
11. Does the proposed bill raise significant constitutional concerns under the U.S. or
Florida Constitutions (e.g. separation of powers, access to the courts, equal
protection, free speech, establishment clause, impairment of contracts) that
impacts the department?
None identified.
12. Is the proposed bill likely to generate litigation for the department and, if so, from
what interest groups or parties?
None anticipated.
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 1154
INTRODUCER: Senator Perry
SUBJECT: Labor Pool Act
DATE: March 10, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McKay McKay CM Favorable
2. JU
3. RC
I. Summary:
SB 1154 amends the Labor Pool Act to provide that a labor pool satisfies the statutory
requirements related to provision of restroom facilities, drinking water, and sufficient seating if
its labor hall facility complies with all minimum requirements for public restrooms, drinking
fountains, and seating in the Florida Building Code.
The bill also requires that a worker aggrieved by a violation of the above requirements must
provide written notice of the alleged violation and give the labor pool a reasonable opportunity to
cure the alleged violation, before bringing a civil action. A civil action must be commenced
within one year after the date that the aggrieved worker serves the written notice of alleged
violation.
The bill provides that the remedies specified in the Labor Pool Act are the exclusive remedies for
violations.
The bill takes effect July 1, 2023.
II. Present Situation:
The Labor Pool Act
Part II of ch. 448, F.S., also known as the Labor Pool Act,1 was enacted in 1995 to protect the
health, safety, and well-being of day laborers throughout the state. A labor pool is defined as a
business entity that operates a labor hall2 by one or more of the following methods:
Contracting with third-party users to supply day laborers to them on a temporary basis;
1
Chapter 95-332, L.O.F.
2
Section 448.22(3), F.S., defines a “labor hall” as a central location maintained by a labor pool where day laborers assemble
and are dispatched to work for a third-party user.
BILL: SB 1154 Page 2
Hiring, employing, recruiting, or contracting with workers to fulfill these contracts for
temporary labor; or
Fulfilling any contracts for day labor in accordance with the act, even if the entity also
conducts other business.3
The act also outlines uniform standards of conduct and practice for labor pools.
A labor pool must not:
Charge a day laborer:4
o For safety equipment, clothing, accessories, or any other items required by the
nature of the work;
o More than a reasonable amount to transport a worker to or from the designated
worksite; or
o For directly or indirectly cashing a worker’s check.5
Request or require that any day laborer sign any document waiving statutory protections.6
Charge more than the actual cost of providing lunch, if the labor pool provides lunch at
the worksite.7
Restrict a day laborer’s right to accept a permanent position with a third-party user to
whom the laborer is referred for temporary work, or to restrict the right of such a third-
party user to offer such employment to an employee of the labor pool. 8
A labor pool must:
If operating a labor hall, provide the following facilities for a worker waiting at the hall
for a job assignment:
o Restroom facilities;
o Drinking water; and
o Sufficient seating.9
Select one of the following methods to pay a day laborer for work performed:
o Cash;
o Commonly accepted negotiable instruments that are payable in cash, on demand
at a financial institution, and without discount;
o Payroll debit card; or
o Electronic fund transfer.10
Notify a day laborer of the payment method that the labor pool intends to use and the day
laborer’s options to elect a different payment method.11
3
Section 448.22(1), F.S. The act also specifically excludes certain businesses from its provisions: businesses registered as
farm labor contractors; employee leasing companies; temporary help services that solely provide white collar employees,
secretarial employees, clerical employees, or skilled laborers; labor union hiring halls; or labor bureau or employment offices
operated by a business entity for the sole purpose of employing an individual for its own use. See s. 448.23, F.S.
4
“Day labor” means temporary labor or employment that is occasional or irregular for which the worker is employed for not
longer than the time period required to complete the temporary assignment for which the individual worker was hired,
although an individual may be eligible for additional temporary assignments when available. See s. 448.22(2), F.S.
5
Section 448.24(1), F.S.
6
Section 448.24(3), F.S.
7
Section 448.24(4), F.S.
8
Section 448.24(6), F.S.
9
Section 448.24(5), F.S.
10
Section 448.24(2), F.S.
11
Id.
BILL: SB 1154 Page 3
If selecting to pay a day laborer by payroll debit card:
o Offer the day laborer the option to elect payment by electronic fund transfer; and
o Provide the day laborer with a list, including the address, of a nearby business that
does not charge a fee to withdraw the debit card’s contents.12
Compensate day laborers at or above the minimum wage.13
Comply with the Workers’ Compensation Law in ch. 440, F.S.14
Insure any motor vehicle owned or operated by the labor pool and used for worker
transportation.15
Furnish each worker with a written itemized statement showing in detail each wage
deduction.
Give each worker an annual earnings statement summary.16
Remedies
Any worker aggrieved by a violation of the provisions relating to labor pool duties in s. 448.24,
F.S., has the right to bring a civil action in a court of competent jurisdiction against the labor
pool. In any such action, the worker is entitled to recover actual and consequential damages, or
$1,000, whichever is greater, for each violation, and costs. These remedies are not exclusive and
do not preclude the worker from pursuing any other remedy at law or equity available to the
worker.17
Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a
minimum building code that would ensure that Florida’s minimum standards were met. Local
governments could choose from four separate model codes. The state’s role was limited to
adopting all or relevant parts of new editions of the four model codes. Local governments could
amend and enforce their local codes, as they desired.18
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work.
Hurricane Andrew easily destroyed those structures that were allegedly built according to the
strongest code. The Governor eventually appointed a study commission to review the system of
local codes and make recommendations for modernizing the system. The 1998 Legislature
adopted the study commission’s recommendations for a single state building code and enhanced
the oversight role of the state over local code enforcement. The 2000 Legislature authorized
implementation of the Florida Building Code (Building Code), and that first edition replaced all
12
Id.
13
Id.
14
Id.
15
Id.
16
Id.
17
Section 448.25, F.S.
18
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
available at http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited March 10, 2023).
BILL: SB 1154 Page 4
local codes on March 1, 2002.19 The current edition of the Building Code is the seventh edition,
which is referred to as the 2020 Florida Building Code.20
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (act). The purpose and
intent of the act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied,
administered, and enforced uniformly and consistently from jurisdiction to jurisdiction. 21
The Florida Building Commission was statutorily created to implement the Building Code. The
commission, which is housed within the Department of Business and Professional Regulation
(DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. The commission
reviews several International Codes published by the International Code Council,22 the National
Electric Code, and other nationally adopted model codes to determine if the Building Code needs
to be updated and adopts an updated Building Code every three years.23
Local Amendments to the Building Code
Local governments may adopt amendments to the building code that are more stringent than the
building code that are limited to the local government’s jurisdiction. Amendments by local
governments expire upon the adoption of the newest edition of the building code, and, thus, the
local government would need to go through the amendment process every three years in order to
maintain a local amendment to the building code.24
Water Closets and Drinking Fountains in the Florida Building Code
Section 403 of the Building Code sets standards for minimum plumbing facilities; the
requirement varies based upon the actual use of the building or space. For the “Business”
classification, the Water Closet requirement is 1 per 25 for the first 50 and 1 per 50 for the
remainder exceeding 50, and the Drinking Fountain requirement is 1 per 100.25
III. Effect of Proposed Changes:
The bill amends the labor pool duties in s. 448.24(5), F.S., to provide that a labor pool satisfies
the requirements related to restroom facilities, drinking water, and sufficient seating if its labor
19
Id.; DBPR, Building Code Information System, available at: https://floridabuilding.org/c/default.aspx# (last visited March
10, 2023).
20
Id.
21
Section 553.72(1), F.S.
22
The International Code Council (ICC) is an association that develops model codes and standards used in the design,
building, and compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code
Council, About the ICC, available at https://www.iccsafe.org/about/who-we-are/ (last visited March 10, 2023).
23
Sections 553.73, and 553.74, F.S.
24
Section 553.73(4), F.S.
25
2020 Florida Building Code, Plumbing, 7 th Edition, available at: https://codes.iccsafe.org/content/FLPC2020P1/chapter-4-
fixtures-faucets-and-fixture-
fittings#:~:text=403.3Required%20public%20toilet%20facilities,be%20provided%20with%20toilet%20facilities (last visited
March 10, 2023).
BILL: SB 1154 Page 5
hall facilities comply with all minimum requirements for public restrooms, drinking fountains,
and seating in the Florida Building Code, and any local amendments thereto. A labor pool may
also provide drinking water through a water cooler dispenser, by offering bottled water, or by
any other similar means.
The bill amends the remedies provisions to provide that before bringing a civil action pursuant to
s. 448.25, F.S., an aggrieved worker must give the labor pool a reasonable opportunity to cure
the alleged violation. The aggrieved worker must serve the labor pool in accordance with s.
48.081, F.S.,26 with written notice of the alleged violation. The notice must include a statement
that failure by the labor pool to cure the alleged violation within 60 days after receipt of the
notice may result in a civil action being filed against it in court. A labor pool may cure a
violation relating to its labor hall facilities by modifying the alleged violation to comply with the
requirements.
A civil action brought under the provisions relating to labor pool duties must be filed within one
year after the date the aggrieved worker serves written notice of the alleged violation on the labor
pool.
The bill also provides that the remedies provided by Part II of ch. 448, F.S., are exclusive and
preclude the aggrieved worker from pursuing any other remedy at law or equity which the
worker may have.
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.
26
Section 48.081, F.S., specifies the procedures to be followed in serving process on a corporation.
BILL: SB 1154 Page 6
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
It is unclear if the limitation on remedies provided in lines 58-60 is intended to apply only to
violations of s. 448.24, F.S. If the limitation is intended to be broader, it may potentially run
afoul of the Florida Constitution, art. I, s. 21, which provides that “[t]he courts shall be open to
every person for redress of any injury, and justice shall be administered without sale, denial or
delay.”
VIII. Statutes Affected:
This bill substantially amends section 448.24 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 1154 Florida Senate - 2023 SB 1154
By Senator Perry
9-01931C-23 20231154__ 9-01931C-23 20231154__
1 A bill to be entitled 30 thereto. A labor pool may also provide drinking water through a
2 An act relating to the Labor Pool Act; amending s. 31 water cooler dispenser, by offering bottled water, or by any
3 448.24, F.S.; providing that a labor pool satisfies 32 other similar means.
4 certain requirements if its facilities meet the 33 Section 2. Section 448.25, Florida Statutes, is amended to
5 minimum requirements in the Florida Building Code and 34 read:
6 any local amendments thereto; authorizing a labor pool 35 448.25 Remedies; damages; costs.—
7 to provide drinking water in a specified manner; 36 (1)(a) Any worker aggrieved by a violation of s. 448.24 has
8 amending s. 448.25, F.S.; requiring an aggrieved 37 shall have the right to bring a civil action in a court of
9 worker to provide specified notice to a labor pool 38 competent jurisdiction against the labor pool responsible for
10 before bringing certain civil actions; authorizing a 39 such violation.
11 labor pool to cure alleged violations in a specified 40 (b) Before bringing a civil action pursuant to this
12 manner; requiring that a civil action be brought 41 section, an aggrieved worker must give the labor pool a
13 within a certain time period; specifying that certain 42 reasonable opportunity to cure the alleged violation. The
14 remedies are exclusive; providing an effective date. 43 aggrieved worker must serve the labor pool in accordance with s.
15 44 48.081 with written notice of the alleged violation. Such notice
16 Be It Enacted by the Legislature of the State of Florida: 45 must include a statement that failure by the labor pool to cure
17 46 the alleged violation within 60 days after receipt of the notice
18 Section 1. Subsection (5) of section 448.24, Florida 47 may result in a civil action being filed against it in a court
19 Statutes, is amended to read: 48 of competent jurisdiction. A labor pool may cure a violation
20 448.24 Duties and rights.— 49 relating to its labor hall facilities by modifying the alleged
21 (5) A labor pool that operates a labor hall must provide 50 violation to comply with s. 448.24(5).
22 facilities for a worker waiting at the labor hall for a job 51 (c) In any action commenced pursuant to this section part,
23 assignment that include: 52 the aggrieved worker is shall be entitled to recover actual and
24 (a) restroom facilities,. 53 consequential damages, or $1,000, whichever is greater, for each
25 (b) drinking water, and. 54 violation of s. 448.24 this part, and costs.
26 (c) sufficient seating. A labor pool satisfies this 55 (2) A civil action brought under s. 448.24 must be filed
27 subsection if its labor hall facilities comply with all minimum 56 within 1 year after the date the aggrieved worker serves written
28 requirements for public restrooms, drinking fountains, and 57 notice of the alleged violation on the labor pool.
29 seating in the Florida Building Code and any local amendments 58 (3) The remedies provided by this part are not exclusive
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 1154
9-01931C-23 20231154__
59 and shall not preclude the aggrieved worker from pursuing any
60 other remedy at law or equity which the worker may have.
61 Section 3. This act shall take effect July 1, 2023.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
o3 r3 >s APPEARANCE RECORD ltc't
Meeting Bill Number orTopic
Deliver both copies of this form to
Senate professional staff conducting the meetin g
0
Committee Amendment (if applicable)
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Speaking: For ! Against I lnformation OR Waive Speaking: ! 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.
lf repreSentrng: something ofvalue for my appearance
(travel, meals, lodging, etc.),
Ao,u<e++er Pe6
qAM( 9,r v I rRs sponsored by:
This form is part of the public record for this meeting. s-oor (08/10/2021)
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 552
INTRODUCER: Commerce and Tourism Committee and Senator Hooper
SUBJECT: Public Records/Broadband Opportunity Program
DATE: March 14, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM FAV/CS
2. GO
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 552 makes confidential and exempt from public record inspection and copying
requirements for certain information relating to communications services locations, project
proposals, and challenges submitted to the Department of Economic Opportunity (department)
under the Broadband Opportunity Program, or pursuant to a federal broadband access grant
program implemented by the department.
The bill provides that that the exemption does not apply to the department’s requirement to
publish a description of proposed unserved areas to be served and proposed broadband Internet
speeds of the areas to be served on the department’s website.
The exemption is subject to the Open Government Sunset Review Act and will stand repealed on
October 2, 2028, unless reviewed and reenacted by the Legislature.
The bill provides a statement of public necessity as required by the State Constitution.
The bill creates a new public records exemption and, therefore, requires a two-thirds vote of the
members present and voting for final passage.
The bill may have a minimal fiscal impact on the department for incurring costs related to the
redaction of records in responding to public records requests.
BILL: CS/SB 552 Page 2
The bill takes effect July 1, 2023.
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, s. 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.3 Florida Rule of
Judicial Administration 2.420 governs public access to judicial branch records.4 Lastly, ch. 119,
F.S., known as the Public Records Act, provides requirements for public records held by
executive agencies.
Executive Agency Records – The Public Records Act
The Public Records Act provides that all state, county and municipal records are open for
personal inspection and copying by any person, and that providing access to public records is a
duty of each agency.5
Section 119.011(12), F.S., defines “public records” to include:
All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connections with the transaction
of official business by any agency.
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business that are used to “perpetuate,
communicate, or formalize knowledge of some type.”6
1
FLA. CONST. art. I, s. 24(a).
2
Id.
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2022-2024) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 1, (2022-2024)
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
6
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
BILL: CS/SB 552 Page 3
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.7 A violation of the Public Records Act may result in civil or
criminal liability.8
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.9 The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.10
General exemptions from the public records requirements are contained in the Public Records
Act.11 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.12
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.13 Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.14 Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.15
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act16 (the
Act), prescribe a legislative review process for newly created or substantially amended 17 public
records or open meetings exemptions, with specified exceptions.18 The Act requires the repeal of
7
Section 119.07(1)(a), F.S.
8
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
9
FLA. CONST. art. I, s. 24(c).
10
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
11
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
12
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
13
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
14
Id.
15
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
16
Section 119.15, F.S.
17
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
18
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act.
BILL: CS/SB 552 Page 4
such exemption on October 2nd of the fifth year after creation or substantial amendment, unless
the Legislature reenacts the exemption.19
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.20
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;21
It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;22 or
It protects information of a confidential nature concerning entities, such as trade or business
secrets.23
The Act also requires specified questions to be considered during the review process.24 In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.25 If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to expire, the previously
exempt records will remain exempt unless otherwise provided by law.26
19
Section 119.15(3), F.S.
20
Section 119.15(6)(b), F.S.
21
Section 119.15(6)(b)1., F.S.
22
Section 119.15(6)(b)2., F.S.
23
Section 119.15(6)(b)3., F.S.
24
Section 119.15(6)(a), F.S. The specified questions are:
What specific records or meetings are affected by the exemption?
Whom does the exemption uniquely affect, as opposed to the general public?
What is the identifiable public purpose or goal of the exemption?
Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
Is the record or meeting protected by another exemption?
Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
25
See generally s. 119.15, F.S.
26
Section 119.15(7), F.S.
BILL: CS/SB 552 Page 5
Broadband Internet Deployment
High-speed broadband can be essential to innovation, economic opportunity, healthcare, and
civic engagement.27 Access to a sufficient internet connection has only grown more important
during the COVID-19 pandemic, which required many Americans to connect to their family and
friends, schooling, work, and even medical appointments over the internet.28
Broadband internet is a high speed internet that is faster than dial-up access and is always on; in
2015, the Federal Communications Commission (FCC) defined broadband as 25/3 megabits per
second (Mbps), i.e., 25 Mbps (download rate) and 3 Mbps (upload rate).29 Consumers can
receive Broadband internet through several different technologies, including a digital subscriber
line (DSL), a cable modem, fiber, wireless, satellite, and broadband over power lines.30
While Florida’s urban areas are served at a fixed broadband coverage rate of 96 percent, its rural
areas are served at a rate of 78.6 percent.31 This disparity is caused primarily by high per-unit
construction costs required to build broadband infrastructure across larger swaths of rural
geographic areas.32
Florida’s Office of Broadband
In 2020 the Legislature created the Florida Office of Broadband (Office) within the
department.33 The Office is tasked with developing, marketing, and promoting broadband
Internet service in the state.34
Specifically, the Office must:35
Create a strategic plan for increasing the availability and use of broadband Internet service in
Florida which must incorporate federal broadband initiatives and also include a process to
review and verify public input regarding transmission speeds and availability of broadband
Internet service throughout the state;
27
U.S. Federal Communications Commission (FCC), 2020 Broadband Deployment Report, at 1 (April 24, 2020),
https://www.fcc.gov/reports-research/reports/broadband-progress-reports/2020-broadband-deployment-report (last visited
March 10, 2023).
28
FCC, Emergency Broadband Benefit Report and Order, at 2-3 (Feb. 26, 2021),
https://docs.fcc.gov/public/attachments/FCC-21-29A1.pdf (last visited March 10, 2023).
29
Congressional Research Service (CRS), State Broadband Initiatives: Selected State and Local Approaches as Potential
Models for Federal Initiatives to Address the Digital Divide, at 2-3 (Apr. 6, 2020),
https://crsreports.congress.gov/product/pdf/R/R46307 (last visited March 10, 2023).
30
CRS, Broadband Internet Access and the Digital Divide: Federal Assistance Programs, at 1 (Oct. 25, 2019),
https://fas.org/sgp/crs/misc/RL30719.pdf (last visited March 10, 2023).
31
FCC, 2021 Broadband Deployment Report, at 58 (Jan. 19, 2021), https://www.fcc.gov/document/fcc-annual-broadband-
report-shows-digital-divide-rapidly-closing (last visited March 10, 2023). For purposes of this data, “fixed broadband
services” are measured at 25 megabits per second downstream and 3 megabits per second upstream.
32
National Telecommunications and Information Administration, American Broadband Initiative, Milestones Report, at 11
(Feb. 13, 2019), https://www.ntia.doc.gov/report/2019/american-broadband-initiative-milestones-report (last visited March
10, 2023). See also CRS, Broadband Internet Access and the Digital Divide: Federal Assistance Programs, at 7.
33
Chapter 2020-26, Laws of Fla.
34
Section 288.9961(4), F.S. See also, Florida Department of Economic Opportunity, Office of Broadband, About Us,
https://floridajobs.org/community-planning-and-development/broadband/office-of-broadband (last visited March 10, 2023).
35
Section 288.9961(4), F.S.
BILL: CS/SB 552 Page 6
Build local technology planning teams representing, among others, libraries, schools,
colleges and universities, local health care providers, private businesses, community
organizations, economic development organizations, local governments, tourism, parks and
recreation, and agriculture in order to identify needs and resources to reduce barriers to the
deployment of broadband Internet services;
Encourage the use of broadband Internet service, especially in rural, unserved, and
underserved areas of the state through grant programs;36
Monitor, participate in, and provide input in proceedings of the FCC and other federal
agencies related to the geographic availability and deployment of broadband Internet service
as necessary to ensure that Florida’s rural, unserved, and underserved areas are best
positioned to benefit from federal and state broadband deployment programs; and
Administer Florida’s Broadband Opportunity Program.
The department may apply for and accept federal grant funds, enter into necessary or useful
contracts, and establish any committee or workgroup to further the above goals. Additionally, the
department has rulemaking authority to implement sections 288.9961-288.9963, F.S., relating to
the Office.37
In November 2022, the Office received $247.8 million from the U.S. Treasury for the Capital
Projects Fund Broadband Infrastructure Program. The Office was also awarded $2.4 million for
their Digital Equity Planning Grant, and $5 million for the BEAD 5-year action plan.38
Broadband Opportunity Program
The Office administers the Broadband Opportunity Program to award grants in order to expand
broadband Internet service to unserved areas of Florida.39 Grant funds may not be used to
provide broadband Internet service to a geographic area where broadband Internet is already
deployed by at least one provider.40 Applicants eligible for grant awards include corporations,
limited liability companies, general partnerships, limited partnerships, political subdivisions, and
Indian tribes.41 To operate the program, the Florida Legislature appropriated $400 million in
federally funded State and Local Fiscal Recovery Funds (SLERF) to increase Floridians’ access
to reliable, affordable, and high-speed internet service.42
An eligible applicant may submit a grant application to the Office which must include the
following:
A description of the project area;
36
Section 288.9961(2)(f), F.S., defines the term “underserved” to mean a geographic area of this state in which there is no
provider of broadband Internet service that offers a connection to the Internet with a capacity for transmission at a consistent
speed of at least 100 Mbps downstream and at least 10 Mbps upstream. Section 288.9961(2)(g), F.S., defines the term
“unserved” as a geographic area in which there is no broadband Internet service provider.
37
Section 288.9961(5), F.S.
38
Florida Department of Economic Opportunity, Office of Broadband, About Us, https://floridajobs.org/community-
planning-and-development/broadband/office-of-broadband (last visited March 10, 2023).
39
Section 288.9962(1), F.S.
40
Section 288.9962(2), F.S.
41
Section 288.9962(3), F.S.
42
Florida Department of Economic Opportunity, Broadband Opportunity Program, https://www.floridajobs.org/community-
planning-and-development/broadband/broadband-opportunity-program (last visited March 10, 2023).
BILL: CS/SB 552 Page 7
A description of the kind and amount of broadband Internet service infrastructure that is
proposed to be deployed;
Evidence demonstrating the unserved nature of the project area;
The number of households and businesses that would have access to broadband Internet
service as a result of the grant;
A list of significant community institutions that would benefit from the grant;
The total cost of the project and the timeframe in which it would be completed;
A list identifying sources of funding or in-kind contributions that would supplement any
awarded grant; and
Any other information required by the Office.43
At least 30 days before the first day grant applications may be submitted each fiscal year, the
Office must publish on its website the specific criteria and quantitative scoring system it will use
to evaluate or rank grant applications.44 Within three business days after the close of the grant
application process, the Office must publish on its website, from each grant application
submitted, the proposed unserved areas to be served as well as the proposed broadband Internet
speeds of the areas to be served, and a service map of the proposed project areas.45
A broadband Internet service provider that provides existing service in or adjacent to a proposed
project area may submit to the Office, within 45 days after publication of the information, a
written challenge to an application.46 The Office must evaluate each challenge and if the Office
determines that the provider currently provides, has begun construction to provide, or commits to
provide broadband Internet service in the proposed project area, the Office many not fund the
challenged project.47
III. Effect of Proposed Changes:
The bill creates a public record exemption for certain information relating to communications
services locations, project proposals, and challenges submitted to the department under the
Broadband Opportunity Program, or pursuant to a federal broadband access grant program
implemented by the department.
Specifically, the bill provides certain information is confidential and exempt if such information
is not otherwise publicly available and the release of such information would reveal:
The location or capacity of communications network facilities;
Communications network areas, including geographical maps indicating actual or proposed
locations of network infrastructure or facilities;
The features, functions, and capabilities of communications network infrastructures and
facilities;
Security, including cybersecurity, of the design, construction, and operation of the
communications network and associated services and products;
43
Section 288.9962(5), F.S.
44
Section 299.9962(6)(a), F.S.
45
Section 288.9962(6)(b), F.S. See also Rule 73C-50.004(1), F.A.C.
46
Section 288.9962(6)(c), F.S.
47
Section 288.9962(6)(e), F.S.
BILL: CS/SB 552 Page 8
Specific customer locations; or
Sources of funding or in-kind contributions for a project.
The bill provides that that the exemption does not apply to the department’s requirement to
publish a description of proposed unserved areas to be served and proposed broadband Internet
speeds of the areas to be served on the department’s website.
The bill provides a public necessity statement as required by article I, section 24(c) of the Florida
Constitution. The public necessity statement provides that the disclosure of sensitive information
relating to the location, capacity, features, functions, and security of communications services
providers could result in the identification of vulnerabilities in such networks and allow a
security breach that could damage the networks or disrupt the networks’ safe and reliable
operation, adversely impacting the public health and safety of the state.
The bill is subject to the Open Government Sunset Review Act and will be automatically
repealed on October 2, 2028, unless the Legislature reenacts the exemption.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, nor reduce the percentage of state tax shared with
counties or municipalities.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
public records requirements. This bill creates a new record exemption; thus, the bill
requires a two-thirds vote to be enacted.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records requirements to state with specificity the public necessity
justifying the exemption. The bill creates a new public records exemption. Thus, the bill
includes a public necessity statement.
BILL: CS/SB 552 Page 9
Breadth of Exemption
Article I, s. 24(c) of the State Constitution requires an exemption to the public records
requirements to be no broader than necessary to accomplish the stated purpose of the law.
The bill creates a public record exemption for information relating to communications
services locations, project proposals, and challenges submitted to the department under
the Broadband Opportunity Program. The exemption does not appear to be broader than
necessary to accomplish the purpose of the law.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill may have a minimal fiscal impact on the department for incurring costs related to
the redaction of records in responding to public records requests.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 119.071 of the Florida Statutes.
BILL: CS/SB 552 Page 10
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 13, 2023:
The amendment provides that information submitted to the department pursuant to a
federal broadband access grant program is exempt from public records. The amendment
further provides that the exemption does not apply to the department’s requirement to
publish a description of proposed unserved areas to be served and proposed broadband
Internet speeds of the areas to be served on the department’s website.
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 552 Bill No. SB 552
Ì636136*Î636136 Ì636136*Î636136
LEGISLATIVE ACTION 11 a. The location or capacity of communications network
Senate . House 12 facilities;
Comm: RCS . 13 b. Communications network areas, including geographical
03/14/2023 . 14 maps indicating actual or proposed locations of network
. 15 infrastructure or facilities;
. 16 c. The features, functions, and capabilities of
. 17 communications network infrastructure and facilities;
18 d. Security, including cybersecurity, of the design,
19 construction, and operation of the communications network and
20 associated services and products;
21 e. Specific customer locations; or
22 f. Sources of funding or in-kind contributions for a
23 project.
24 2. This exemption does not apply to any required functions
25 of the department under s. 288.9962 relating to publishing a
The Committee on Commerce and Tourism (Hooper) recommended the 26 description of the proposed unserved areas to be served and the
following: 27 proposed broadband Internet speeds of the areas to be served as
28 provided by the applicant and approved by the department.
1 Senate Amendment (with title amendment) 29 3. This paragraph is subject to the Open Government Sunset
2 30 Review Act in accordance with s. 119.15 and shall stand repealed
3 Delete lines 22 - 64 31 on October 2, 2028, unless reviewed and saved from repeal
4 and insert: 32 through reenactment by the Legislature.
5 Department of Economic Opportunity under s. 288.9962 or pursuant 33 Section 2. The Legislature finds that it is a public
6 to a federal broadband access grant program implemented by the 34 necessity that certain information relating to communications
7 Department of Economic Opportunity is confidential and exempt 35 services locations, project proposals, and challenges submitted
8 from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 36 to the Department of Economic Opportunity under the Broadband
9 if such information is not otherwise publicly available and the 37 Opportunity Program or pursuant to a federal broadband access
10 release of such information would reveal: 38 grant program implemented by the department be made confidential
39 and exempt from public records requirements. Such information
Page 1 of 3 Page 2 of 3
3/10/2023 3:12:50 PM 577-02397A-23 3/10/2023 3:12:50 PM 577-02397A-23
Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 552
Ì636136*Î636136
40 contains security information and proprietary business
41 information of communications services providers. The disclosure
42 of sensitive information relating to the location, capacity,
43 features, functions, and security of these networks could result
44 in the identification of vulnerabilities in such networks and
45 allow a security breach that could damage the networks or
46 disrupt the networks’ safe and reliable operation, adversely
47 impacting the public health and safety of this state. Further,
48 the disclosure of such information would adversely affect the
49 business interests and compromise the network security of the
50 communications services providers and their networks. Therefore,
51 the Legislature finds that it is a public necessity that certain
52 information relating to communications services locations,
53 project proposals, and challenges submitted to the Department of
54 Economic Opportunity under the Broadband Opportunity Program or
55 pursuant to a federal broadband access grant program implemented
56 by the department be
57
58 ================= T I T L E A M E N D M E N T ================
59 And the title is amended as follows:
60 Delete line 8
61 and insert:
62 Opportunity Program or pursuant to a federal broadband
63 access grant program implemented by the department;
64 providing applicability; providing for future
65 legislative
Page 3 of 3
3/10/2023 3:12:50 PM 577-02397A-23
Florida Senate - 2023 SB 552 Florida Senate - 2023 SB 552
By Senator Hooper
21-01650-23 2023552__ 21-01650-23 2023552__
1 A bill to be entitled 30 geographical maps indicating actual or proposed locations of
2 An act relating to public records; amending s. 31 network infrastructure, facilities, or coverage;
3 119.071, F.S.; providing an exemption from public 32 c. The features, functions, and capabilities of
4 records requirements for certain information relating 33 communications network infrastructure and facilities;
5 to communications services locations, project 34 d. Security, including cybersecurity, of the design,
6 proposals, and challenges submitted to the Department 35 construction, and operation of the communications network and
7 of Economic Opportunity under the Broadband 36 associated services and products;
8 Opportunity Program; providing for future legislative 37 e. Specific customer locations; or
9 review and repeal of the exemption; providing a 38 f. Sources of funding or in-kind contributions for a
10 statement of public necessity; providing an effective 39 project.
11 date. 40 2. This paragraph is subject to the Open Government Sunset
12 41 Review Act in accordance with s. 119.15 and shall stand repealed
13 Be It Enacted by the Legislature of the State of Florida: 42 on October 2, 2028, unless reviewed and saved from repeal
14 43 through reenactment by the Legislature.
15 Section 1. Paragraph (h) is added to subsection (1) of 44 Section 2. The Legislature finds that it is a public
16 section 119.071, Florida Statutes, to read: 45 necessity that certain information relating to communications
17 119.071 General exemptions from inspection or copying of 46 services locations, project proposals, and challenges submitted
18 public records.— 47 to the Department of Economic Opportunity under the Broadband
19 (1) AGENCY ADMINISTRATION.— 48 Opportunity Program be made confidential and exempt from public
20 (h)1. Information relating to communications services 49 records requirements. Such information contains security
21 locations, project proposals, and challenges submitted to the 50 information and proprietary business information of
22 Department of Economic Opportunity under s. 288.9962 is 51 communications services providers. The disclosure of sensitive
23 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 52 information relating to the location, capacity, features,
24 of the State Constitution if such information is not otherwise 53 functions, and security of these networks could result in the
25 publicly available and the release of such information would 54 identification of vulnerabilities in such networks and allow a
26 reveal: 55 security breach that could damage the networks or disrupt the
27 a. The location or capacity of communications network 56 networks’ safe and reliable operation, adversely impacting the
28 facilities; 57 public health and safety of this state. Further, the disclosure
29 b. Communications network coverage areas, including 58 of such information would adversely affect the business
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 552
21-01650-23 2023552__
59 interests and compromise the network security of the
60 communications services providers and their networks. Therefore,
61 the Legislature finds that it is a public necessity that certain
62 information relating to communications services locations,
63 project proposals, and challenges submitted to the Department of
64 Economic Opportunity under the Broadband Opportunity Program be
65 held confidential and exempt from disclosure under s. 119.07(1),
66 Florida Statutes, and s. 24(a), Article I of the State
67 Constitution.
68 Section 3. This act shall take effect July 1, 2023.
Page 3 of 3
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The Florida Senate
st fr'lr,t APPEARANCE RECORD ,{52-
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lam appearing without a registered lobbyist, I am not a lobbyist, but received
compensation or sponsorship. representing: something of value for my appearance
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This form is part of the public record for this meeting. s-00r (08/10/2021\
q lz e-3 The Florida Senate
APPEARANCE RECORD 554
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compensation or sponsorship. representing: something ofvalue for my appearance
(travel, meals, lodging. etc.),
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While it is a tradition to encourage public testimony, time moy not permit all persons wishing to speakto be heard at this hearing.Those who do speak may be asked to limit their remarks so
that as many persons as possible can be heard. lfyou have questions about registering to lobby please see Fla. Stat.9l 1.045 and Joint Rule 1
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CourtSmart Tag Report 3:44:51 PM
3:44:55 PM
No debate
Sen. Collins waives to close on amendment
3:44:58 PM Amendment is adopted
3:45:06 PM Sen. Torres has question on billas amended
Room: SB 110 Case No.: Type: 3:45:21 PM Sen. Collins responds
Gaption: Commerce and Tourism Committee 110 SB Judge: 3:45:53 PM Sen. Torres has follow up
3:45:59 PM Sen. Collins responds
Started: 311312023 3:30:46 PM 3:46:08 PM Appearance Cards:
Ends: 311312023 4:13:02 PM Length:00:42=17 3:46:09 PM Jimmy Card, representing Drone Up, waives in support
3:46:15 PM Debate?
3:30:45 PM Chairman Trumbullcalls meeting to order 3:46:23 PM Sen. Torres in debate
3:30:53 PM Rollcall 3:47:08 PM No other debate
3:31:00 PM A quorum is present 3:47:18 PM Sen. Collins to close
3:31:00 PM Chair gives committee meeting instructions 3:47:43 PM Vote
3:31:00 PM 3:47=47 PM Bill passes; Reported favorably
3:31:00 PM Chair states SB 262 and SB 1648 will not be considered 3:48:23 PM Tab4-S8946
3:31:59 PM Tab9-S8552 3:48:26 PM Sen. Grall explains that this is the public records component to SB 948
3:32:02 PM Sen. Hooper explains bill 3:48:56 PM Chair requests to take up SB 948 first as it is the principal bill
3:33:03 PM Sen. Hooper explains Amendment 636136 3:49:00 PM Tab5-S8948
3:33:34 PM No questions, no debate on amendment 3:49:13 PM Sen. Grall explains the bill
3:33:43 PM Amendment is adopted 3:49:30 PM No questions
3:33:51 PM No questions on bill as amended 3:49:34 PM No debate
3:34:11 PM Appearance Cards: 3:49:39 PM Sen. Grallwaives to close
3:34:12 PM Charles Dudley, Florida lnternet & Telecom Assoc., waives in support 3:49:42PM Vote
3:34:17 PM Karen Dearden, AT&T, waives in support 3:49:46 PM Bill passes; Reported favorably
3:34:23 PM No debate 3:50:13 PM Tab4-S8946
3:34:28 PM Sen. Hooper waives to close 3:50:15 PM Sen Grall explains SB 946, the public record exemption for SB 948
3:34:30 PM Vote 3:50:26 PM No questions
3:34:39 PM Bill passes; Reported favorably 3:50:29 PM No debate
3:35:12 PM TabT - SB 1150 3:50:32 PM Sen. Grallwaives to close
3:35:19 PM Sen. Hutson presents billfor Sen. lngoglia 3:50:33 PM Vote
3:36:04 PM No questions 3:50:36 PM Bill passes, Reported favorably
3:36:07 PM Appearance Cards: 3:51:08 PM Recording Paused
3:36:09 PM Alex Haley, Fla. Dept. of Agriculture & Consumer Services, waives in support 3:51:12 PM Recording Resumed
3:36:15 PM Sen. Stewart in debate 3:51:18 PM Sen. Bradley arrives to present bill
3:37:15 PM Sen. Hutson waives to close 3:52:19 PM Chair calls meeting back to order; quorum remains
3:37=22PM Bill passes; Reported favorably 3:52:24PM Tab3-SB388
3:37:49 PM Tab8-SB1154 3:52:32 PM Sen Bradley explains the bill
3:37:53 PM Sen. Hutson presents billfor Sen. Perry 3:54:04 PM Chair requests Sen. Bradley explain Amendment 150016
3:38:42 PM Questions? 3:54:16 PM Sen. Bradley explains amendment
3:38:45 PM Sen. Torres has question 3:54:30 PM No questions on amendment
3:39:00 PM Sen. Hutson responds 3:54:36 PM No debate
3:39:25 PM Sen. Torres follow up 3:54:39 PM Sen. Bradley waives close
3:39:32 PM Sen. Hutson responds 3:54:43 PM Amendment adopted
3:40:09 PM No other questions 3:54:49 PM Questions on amended bill?
3:40:10 PM Appearance Cards: 3:54:57 PM Sen. Stewart question
3:40:18 PM Kelly Mallette, representing Pacesetter Personnel Services, waives in support 3:55:13 PM Chair comments
3:40:24 PM No debate 3:55:21 PM Sen. Stewart responds
3:40:31 PM Sen. Hutson waives to close 3:55:27 PM Sen. Bradley responds
3:40:36 PM Vote 3:55:52 PM Sen. Jones question
3:40:40 PM Bill passes; Reported favorably 3:56:26 PM Sen. Bradley responds
3:41:09 PM Tab6-S81068 3:56:52 PM Sen. Jones follow up
3:41:12PM Sen. Collins explains bill 3:56:59 PM Sen. Bradley responds
3:41:36 PM Sen. Collins asks if chair would like him to do the amendment first 3:58:16 PM Sen. Jones follow up
3:41:51 PM Chair requests he explain billfirst 3:58:20 PM Sen. Bradley responds
3:42:04 PM Sen. Collins explains bill 3:59:14 PM No other questions
3:43:04 PM 3:59:16 PM Appearance Cards:
3:43:19 PM Sen. Collins explains Amendment 917558 3:59:22 PM Chris Van De Hoef, Fan Freedom Project, speaks in support of the bill
3:43:31 PM Questions? 4:O1=14PM Michael O'Neil speaks in support of the bill
3:43:35 PM Sen. Stewart question 4:02:55 PM Ron Book, Ronald L. Book P.A., speaks against the bill
3:43:49 PM Sen. Collins responds 4:05:17 PM Ron Pierce representing Tampa Bay Lightning and the Straz Center, waives in opposition
3:44:46 PM No other questions 4:05:38 PM Jeff Johnston, representing Live Nation, waives in opposition
4=05t47 PM Sal Nuzzo waives in opposition
4:05:57 PM Laura Dooley, StubHub, speaks in support
4:08:08 PM Debate?
4:08:10 PM Sen. Stewart in debate
4:09:11 PM Sen. Jones in debate
4:09:52 PM Sen. Torres in debate
4:10:30 PM Sen. Bradley to close
4:11=M PM Vote
4:11:50 PM Bill passes; Reported favorably
4:12=20 PM Chair comments
4=12=24 PM Sen. Gruters vote after motion
4:12=41 PM No opposition
4:12=46 PM Sen. DiCeglie moves to adjourn
4:12=51 PM Meeting adjourned
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