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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/, SHA-256 be18d152950d6718a5df9843175dd36f30e4e3d28e1db6d900c4d299d1cee711.

Full text

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.
BILL: SB 262                                                                                                    Page 9

           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.
BILL: SB 262                                                                                        Page 29

         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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     3/10/2023 12:11:40 PM                                 CM.CM.02406        3/10/2023 12:11:40 PM                                 CM.CM.02406
       Florida Senate - 2023                                         SB 262          Florida Senate - 2023                                         SB 262



       By Senator Bradley




       6-01845D-23                                                2023262__          6-01845D-23                                                2023262__
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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       6-01845D-23                                                2023262__           6-01845D-23                                                2023262__
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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        6-01845D-23                                                2023262__           6-01845D-23                                                2023262__
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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        6-01845D-23                                                2023262__           6-01845D-23                                                2023262__
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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        6-01845D-23                                                2023262__           6-01845D-23                                                2023262__
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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        6-01845D-23                                                2023262__           6-01845D-23                                                2023262__
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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        Florida Senate - 2023                                         SB 262           Florida Senate - 2023                                         SB 262




        6-01845D-23                                             2023262__              6-01845D-23                                                2023262__
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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         Florida Senate - 2023                                         SB 262




         6-01845D-23                                                2023262__
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.




                                   Page 35 of 35
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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
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                        Committee                                                                                                 Amendment Barcode (if applicable)


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           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



                                Page 1 of 2                                                              Page 2 of 2
     3/10/2023 12:10:39 PM                                 CM.CM.02407        3/10/2023 12:10:39 PM                                    CM.CM.02407
       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

                                   Page 1 of 5                                                                  Page 2 of 5
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2023                                        SB 1648           Florida Senate - 2023                                        SB 1648




       6-00671-23                                                20231648__           6-00671-23                                               20231648__
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

                                     Page 3 of 5                                                                    Page 4 of 5
     CODING: Words stricken are deletions; words underlined are additions.          CODING: Words stricken are deletions; words underlined are additions.
        Florida Senate - 2023                                        SB 1648




        6-00671-23                                               20231648__
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
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       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.
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This form is part of the public record for this meeting.                                                                                                   s-001 (08/1o/2o21)




                                                  c/*,t      l"Lrhe             Florida senate
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        'i
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           Sal Nuzzo                                                                                        Phone
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                                                                                                                    sn uzzo@ja mesmad iso n . org
Address 100 N Duval Street                                                                                  Email
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           Tallahassee                                 FL                              32301
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                                                                                                                         ltus rc q{,ll-i ( i u",, i.'iri'"rr
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                                                              PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                          a registered lobbyist,                                   I am not a lobbyist, but received
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                                                                Gf*V/,/h;g                                                     (travel, meals, lodging, etc.),
                                                                                                                               sponsored by:




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              3 /'/.
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                                                                       representing:
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                                                                                                                                  (travel, meals, lodging, etc.),

                                                                        5-t.^, &JeJ                                               sponsored by:




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                                                                            The Florida Senate

               sl,da3                                           APPEARANCE RECORD                                                 58j                     Qa
 ./.1               J laeerlng oate                                      Deliver both copies of this form to
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       compensation or sponsorship.
                                                                 fu-f"
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                                                                  /i ui N'rf;0^)                                                  (travel, meals, lodging, etc.),
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This form is part of the public record for this   meeting.                                                                                                  s-oot (o8/to/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 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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       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

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     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
                                                                                                                                     Bill Number orTopic
                                                                      Deliver both copies of this form to
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                    Committee                                                                                               Amendment Barcode (if applicable)


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                                                                                                                         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.
BILL: SB 1150                                                                                                Page 12

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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        Florida Senate - 2023                                        SB 1150           Florida Senate - 2023                                        SB 1150




        11-01286-23                                               20231150__           11-01286-23                                              20231150__
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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        Florida Senate - 2023                                        SB 1150




        11-01286-23                                            20231150__
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.




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                                                                                                    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
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                                                              PLEASE CHECK ONE OFTHE FOLLOWING:

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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
     CODING: Words stricken are deletions; words underlined are additions.
                                                                               The Florida Senate
         st fr'lr,t                                             APPEARANCE RECORD                                                                          ,{52-
                    Meeting Date                                                                                                                           Bill Number orTopic
                                                                            Deliver both copies of this form to
                                                                     Senate professional staff conducting the meeting

                     Committee                                                                                                                  Amendment Barcode (if applicable)


Name                                                                                                          Phone               So                   t               DL

Address                   8                                                                                   Email         3
           Street


                                                    sq.e+(l-                        zJb \                                                                                          tv1ts
           City                                         State                          Zip




              Speaking: I            ror !        Against !          lnformation OR                     Waive Speaking:                  n Support          I       Against



                                                                 PLEASE C               ONE OFTHE FOLLOWING:

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

                                          fto u                                                                                            ll,r.                ssw
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
                    Meeting Date                                                                                                                           Bill Number orTopic
                                                                            Deliver both copies of this form to
                                                                     Senate professional staff conducting the meeting

                     Committee                                                                                                                  Amendment Barcode (if applicable)
                                                                                                                                       D --,
Name                                        D                                                                 Phone
                                                                                                                                                                (


Address I         6o S rY\o rA rg e S.\t t+f- V OI                                                            Email
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            .t                               Luw
           Street


                                                                                                CI
           City                                         State                           Zip




              Speaking: I            ror I        Against f] lnformation OR                             WaiveSpea                               port !              Against




                                                                  r
                                                                 PLEASE CHECK ONE OF THE FOLLOWING:

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

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



                                                                                    kA*-r                                                     sponsored by:




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

rhisformispartorthepubticrecordforthismeetins.                  ( p*O\i                       C G-irt- I         C'C*p\<{,                                  [(k
                                  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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