Post-Meeting Packet — Florida Senate Commerce and Tourism Committee (March 27, 2023)
Summary
Post-meeting packet for The Florida Senate Commerce and Tourism committee meeting of Monday, March 27, 2023, at 3:00 PM in the Toni Jennings Committee Room, with Senator Trumbull as Chair and Senator Wright as Vice Chair. The agenda lists bills by tab, including CS/SB 532 (Money Services Businesses), SB 728 (Liveries), CS/SB 752 (Temporary Commercial Kitchens), SB 1458 (Roller Skating Rink Safety), CS/SB 626 (Broadband Internet Service Providers) and SB 1664 (Economic Development). The expanded agenda gives a bill description, introducer and committee action for each bill. The packet ends with a timed meeting log in which Senator Hooper explains SB 1664 and amendment 424206.
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“Post-Meeting Packet — Florida Senate Commerce and Tourism Committee (March 27, 2023).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-27-post-meeting-packet-7877-5247ed83dd/
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Commerce and Tourism - 03/27/2023 3:00 PM 2023 Regular Session
Customized 03/28/2023 2:24 PM
Agenda Order
Tab 1 CS/SB 532 by BI, Burton; (Compare to H 00607) Money Services Businesses
Tab 2 SB 728 by Garcia; (Compare to CS/CS/H 00261) Liveries
462846 A S RCS CM, Garcia Delete L.79 - 204: 03/27 06:27 PM
Tab 3 CS/SB 752 by RI, Calatayud; (Identical to CS/H 00415) Temporary Commercial Kitchens
892746 A S L CM, Calatayud Delete L.77: 03/27 10:51 AM
Tab 4 SB 770 by Bradley; (Similar to CS/CS/H 00861) Residential Real Estate Listing Agreements
559776 D S RCS CM, Bradley Delete everything after 03/27 06:27 PM
Tab 5 SB 1458 by Yarborough; (Similar to H 01129) Roller Skating Rink Safety
897286 A S WD CM, Yarborough Delete L.69: 03/24 02:32 PM
903660 A S RCS CM, Yarborough btw L.89 - 90: 03/27 06:27 PM
Tab 6 SB 442 by Gruters (CO-INTRODUCERS) Hooper, DiCeglie; (Similar to H 00737) Secondhand Dealers
SB 490 by Jones; (Similar to CS/H 00233) Family and Household Members of Homicide Victims and Deceased
Tab 7
Minors
811428 A S RCS CM, Jones Delete L.28 - 87. 03/27 06:27 PM
Tab 8 SB 492 by Jones; (Similar to H 00789) Public Records/Requesting Specified Leave Relating to a Homicide
979044 A S CM, Jones Delete L.53 - 54: 03/23 05:52 PM
Tab 9 CS/SB 626 by RI, DiCeglie; (Similar to H 01221) Broadband Internet Service Providers
Tab 10 SB 1106 by Hooper; (Identical to H 01523) Household Moving Services
Tab 11 SB 1108 by Hooper; (Identical to H 01525) Fees/Moving Brokers
552372 A S RCS CM, Hooper Delete L.17 - 18: 03/27 06:27 PM
Tab 12 SB 1664 by Hooper; (Compare to CS/H 00005) Economic Development
424206 A S RCS CM, Hooper Delete L.172 - 687: 03/27 06:27 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 27, 2023
TIME: 3:00—6:00 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 CS/SB 532 Money Services Businesses; Revising the definition Favorable
Banking and Insurance / Burton of the term “control person” for purposes of ch. 560, Yeas 10 Nays 0
(Compare H 607) F.S.; defining the terms, etc.
BI 03/15/2023 Fav/CS
CM 03/27/2023 Favorable
RC
2 SB 728 Liveries; Revising safety requirements for liveries and Fav/CS
Garcia requiring hands-on instruction that meets specified Yeas 10 Nays 0
(Compare CS/CS/H 261) requirements; revising insurance requirements for
liveries and renters; authorizing the Fish and Wildlife
Conservation Commission to enter into agreements
with qualified contractors to perform compliance
inspections of liveries; requiring liveries to make
facilities and records available for inspection by the
qualified contractors within a specified timeframe, etc.
EN 03/14/2023 Favorable
CM 03/27/2023 Fav/CS
RC
3 CS/SB 752 Temporary Commercial Kitchens; Requiring operators Temporarily Postponed
Regulated Industries / Calatayud of public food service establishments who provide
(Identical CS/H 415) commissary services to maintain a temporary
commercial kitchen registry; defining the term
“temporary commercial kitchen”; preempting
regulation of temporary commercial kitchens to the
state; authorizing mobile food dispensing vehicles
and temporary commercial kitchens in specified
locations to operate during certain hours, etc.
RI 03/07/2023 Fav/CS
CM 03/27/2023 Temporarily Postponed
RC
S-036 (10/2008)
03272023.1704 Page 1 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 27, 2023, 3:00—6:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
4 SB 770 Residential Real Estate Listing Agreements; Fav/CS
Bradley Specifying a limitation on the term of an option to Yeas 9 Nays 0
(Similar CS/CS/H 861) enter into a listing agreement for the disposition of
residential real property; prohibiting a court from
enforcing an option to enter into a listing agreement
by certain means; requiring notice and a written
agreement of the residential property owner before a
broker may assign the option to enter into a listing
agreement to another broker, etc.
RI 03/14/2023 Favorable
CM 03/27/2023 Fav/CS
RC
5 SB 1458 Roller Skating Rink Safety; Providing that an operator Fav/CS
Yarborough of a roller skating rink is not liable for damages or Yeas 10 Nays 0
(Similar H 1129) personal injury resulting from inherent risks of roller
skating; providing exceptions; providing that certain
persons assume the inherent risk of roller skating;
providing that an operator is not required to eliminate,
alter, or control the inherent risks in roller skating, etc.
CM 03/27/2023 Fav/CS
JU
RC
6 SB 442 Secondhand Dealers; Revising the definition of Favorable
Gruters “secondhand goods” to exclude certain items, etc. Yeas 10 Nays 0
(Similar H 737)
CM 03/27/2023 Favorable
JU
RC
7 SB 490 Family and Household Members of Homicide Victims Fav/CS
Jones and Deceased Minors; Citing this act as "Curtis’ Law"; Yeas 10 Nays 0
(Similar CS/H 233, Compare H requiring employers to authorize employees to
789, Linked S 492) request and take up to a specified number of days of
leave from work under certain circumstances;
requiring employees to make a reasonable effort to
provide employers with advance notice of such leave;
requiring employees to exhaust other leave options
before taking specified leave; requiring law
enforcement agencies to provide certain information
during the investigation of the death of a minor, etc.
CM 03/27/2023 Fav/CS
CJ
AP
S-036 (10/2008)
03272023.1704 Page 2 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 27, 2023, 3:00—6:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
8 SB 492 Public Records/Requesting Specified Leave Relating Temporarily Postponed
Jones to a Homicide; Providing a public records exemption
(Similar H 789, Compare CS/H for certain personal identifying information, records,
233, Linked S 490) and time sheets submitted to an agency by an
employee requesting specified leave relating to a
homicide; providing for future legislative review and
repeal of the exemption; providing a statement of
public necessity, etc.
CM 03/27/2023 Temporarily Postponed
CJ
AP
9 CS/SB 626 Broadband Internet Service Providers; Specifying that Favorable
Regulated Industries / DiCeglie the poles of rural electric cooperatives that are Yeas 9 Nays 0
(Similar H 1221) engaged in the provision of broadband are subject to
regulation by the Public Service Commission;
authorizing the commission to access the books and
records of such cooperatives for specified purposes;
providing that such information that contains
proprietary confidential business information retains
its confidential or exempt status when held by the
commission; authorizing rural electric cooperatives to
engage in the provision of broadband, etc.
RI 03/07/2023 Fav/CS
CM 03/27/2023 Favorable
RC
10 SB 1106 Household Moving Services; Revising requirements Favorable
Hooper for estimates, contracts, and advertisements; Yeas 10 Nays 0
(Identical H 1523, Compare H prohibiting certain persons from operating as or
1525, Linked S 1108) holding themselves out to be a mover or moving
broker without registering with the department;
requiring the Department of Agriculture and
Consumer Services to immediately suspend a
mover’s or moving broker’s registration under certain
circumstances, etc.
CM 03/27/2023 Favorable
AEG
FP
11 SB 1108 Fees/Moving Brokers; Revising registration fees for Fav/CS
Hooper moving brokers, etc. Yeas 10 Nays 0
(Identical H 1525, Compare H
1523, Linked S 1106) CM 03/27/2023 Fav/CS
AEG
FP
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03272023.1704 Page 3 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 27, 2023, 3:00—6:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
12 SB 1664 Economic Development; Requiring the Secretary of Fav/CS
Hooper Economic Opportunity to appoint deputy secretaries Yeas 10 Nays 0
(Compare CS/H 5, H 1209, H and directors for specified divisions of the Department
1491, H 7041, S 1482, S 1666) of Economic Opportunity; revising the list of local
governments affected by Naval Support Activity
Orlando; revising requirements relating to the Florida
Rural Development Grants Program; deleting a future
repeal of the Florida Development Finance
Corporation, etc.
CM 03/27/2023 Fav/CS
ATD
FP
Other Related Meeting Documents
S-036 (10/2008)
03272023.1704 Page 4 of 4
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 532
INTRODUCER: Banking and Insurance Committee and Senator Burton
SUBJECT: Money Services Businesses
DATE: March 24, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Moody Knudson BI Fav/CS
2. McMillan McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 532 revises the definition of a “control person” and defines several terms used in the
revised definition in ch. 560, F.S., the money services business (MSB) chapter. The purpose of
the bill is to clarify terms within the definition of “control person” to ensure compliance with
federal law.
This bill has no fiscal impact on the state, local governments, or the private sector.
The bill takes effect on July 1, 2023.
II. Present Situation:
Licensing of Money Services Businesses
The Office of Financial Regulation (OFR) is responsible for the regulatory oversight of Florida’s
financial services industry. As part the OFR’s responsibilities, the OFR oversees MSBs, which
are regulated under two license categories created pursuant to ch. 560, F.S. The first category,
money transmitters and persons selling or issuing payment instruments, is regulated under part II
of ch. 560, F.S. The second category, check cashers and foreign currency exchangers, is
regulated under part III of ch. 560, F.S.
BILL: CS/SB 532 Page 2
To be licensed under ch. 560, F.S., an MSB applicant must:
Demonstrate to the OFR the character and general fitness necessary to command the
confidence of the public and warrant the belief that the MSB or deferred presentment
provider shall be operated lawfully and fairly;
Be legally authorized to do business in Florida;
Be registered as a MSB with the Financial Crimes Enforcement Network as required by 31
C.F.R. s. 1022.380, if applicable;
Have an anti-money laundering program in place which meets the requirements of 31 C.F.R.
s. 1022.210; and
Provide the OFR with all the information required under ch. 560, F.S., and related rules.1
To apply as a money services business a person must submit:
An application to the OFR for an MSB license that must include, on a form prescribed by
rule, all of the following:
o The legal name and address of the applicant, including any fictitious or trade names used
by the applicant in the conduct of its business;
o The date of the applicant’s formation and the state where the applicant was formed, if
applicable;
o The name, social security number, alien identification or taxpayer identification number,
business and residence addresses, and employment history for the past 5 years for each
control person;
o A description of the organizational structure of the applicant, including the identity of any
parent or subsidiary of the applicant, and the disclosure of whether any parent or
subsidiary is publicly traded;
o The applicant’s history of operations in other states, if applicable, and a description of the
money services business or deferred presentment provider activities the applicant
proposes to conduct in Florida;
o If the applicant or its parent is a publicly traded company, for the preceding year, copies
of all filings made by the applicant with the United States Securities and Exchange
Commission (SEC); or, if publicly traded in a country other than the United States, such
filings with that country’s regulator similar to the SEC;
o The location at which the applicant proposes to establish its principal place of business
and any other location, including branch offices and authorized vendors operating within
Florida. For each branch office and each location of an authorized vendor, the applicant
must include the nonrefundable fee required by s. 560.143, F.S.;
o The name and address of the clearing financial institution or financial institutions through
which the applicant’s payment instruments are drawn or through which the payment
instruments are payable;
o The history of the applicant’s material litigation, criminal convictions, pleas of nolo
contendere, and cases of adjudication withheld;
o The history of material litigation, arrests, criminal convictions, pleas of nolo contendere,
and cases of adjudication withheld for each control person;
o The name of the registered agent in this state for service of process unless the applicant is
a sole proprietor; and
1
Section 560.1401, F.S.
BILL: CS/SB 532 Page 3
o Any other information specified in ch. 560, F.S. or by rule.2
A nonrefundable application fee, as specified in s. 560.143, F.S.3
Fingerprints, for live-scan processing in accordance with rules adopted by the Financial
Services Commission (Commission), for each control person. Regarding such fingerprints:
o They may be submitted through a third-party vendor authorized by the Florida
Department of Law Enforcement (FDLE) to provide live-scan fingerprinting. The FDLE
must also conduct the state criminal history background check, and a federal criminal
history background check must be conducted through the Federal Bureau of Investigation
(FBI). The OFR must review the results of this background check.
o The cost of processing and retaining the fingerprints are borne by the person subject to
the background checks to determine license eligibility.
o Fingerprints are not required from publicly traded corporations.4
A copy of the applicant’s written anti-money laundering program required under 31 C.F.R. s.
1022.210.5
Within the time allotted by rule, any information needed to resolve any deficiencies found in
the application.6
Licenses issued to MSBs cannot be for more than 2 years,7 after which, the MSB must reapply
for licensure pursuant to s. 560.142, F.S.
Once licensed, an MSB is required to report any change in control persons.8 If any person,
directly or indirectly or acting by or through one or more persons, proposes to purchase or
acquire a controlling interest in an MSB, such person or group must submit a new application for
licensure at least 30 days before such purchase or acquisition.9 Such a change of control
application is not required where the person or group of persons has previously complied with
applicable licensing provisions, provided that they are currently affiliated with the MSB, or
where the person or group of persons is currently licensed with the OFR as an MSB.10 A change
of control application must be accompanied by the payment of an initial licensing fee11 and a fee
per branch or authorized vendor12, up to a maximum of $20,000.13
2
Section 560.141(1)(a), F.S.
3
Section 560.141(1)(b), F.S.
4
Section 560.141(1)(c), F.S.
5
Section 560.141(1)(d), F.S.
6
Section 560.141(1)(e), F.S.
7
Section 560.141(2), F.S.
8
Section 560.126(3), F.S.
9
Section 560.126(3)(a), F.S.; r. 69v-560.201(4), F.A.C.
10
Section 560.126(3)(c), F.S.; r. 69v-560.201(6), F.A.C.
11
Fees are determined by whether the MSB is licensed under Part II or Part III of Chapter 560. Initial licensing fees under
Part II licenses require a $375 license application fee per s. 560.143(1)(a), F.S. Part III licenses require a $188 license
application fee per s. 560.143(b), F.S.
12
Section 560.143(1)(c) and (d), F.S., provides that both the per branch fee and the authorized vendor fee are $38.
13
Section 560.143(1)(g), F.S.
BILL: CS/SB 532 Page 4
Federal Bureau of Investigation Determination Regarding Access to Criminal History
Record Information
As stated above, MSB applicant fingerprints must be submitted to FDLE for a state and federal
criminal history background check. The federal check is conducted through the FBI, which
manages a criminal history record information (CHRI) system, through which this information
can be obtained. The purpose of the CHRI system is to assure that criminal history record
information wherever it appears is collected, stored, and disseminated in a manner to ensure the
accuracy, completeness, currency, integrity, and security of such information and to protect
individual privacy.14 Federal Public Law 92-544 authorizes the exchange of CHRI with officials
of state and local governmental agencies for licensing and employment purposes. However, this
access can only be authorized by a state statute which has been subsequently approved by the
Attorney General of the United States. One of the primary purposes for enacting Pub. L. 92-544
was to establish a national policy with adequate sanctions and administrative safeguards
regarding the dissemination of the FBI’s CHRI data to state and local governments for non-
criminal justice licensing and employment purposes.15 The FBI, with the assistance of the United
States Department of Justice, has determined the parameters of Pub. L. 92-544.16 The criteria for
granting access to the FBI’s CHRI data are as follows:
The state’s statute requiring fingerprinting must exist as a result of a legislative enactment;
It must require the fingerprinting of applicants who are to be subjected to a national criminal
history background check;
It must, expressly (“submit to the FBI”) or by implication (“submit for a national check”),
authorize the use of FBI records for the screening of applicants;
It must identify the specific category(ies) of licensees/employees falling within its purview,
thereby avoiding over breadth;
It must not be against public policy; and
It may not authorize receipt of the CHRI data by a private entity.
Section 560.141, F.S. (the statute authorizing background checks for MSB applicants), was
previously approved for access to CHRI; however, the situation has recently changed.
In an effort to obtain CHRI for applicants to a recently created (in 2020) Financial Technology
Sandbox under s. 559.952, F.S., the FDLE sent correspondence to the FBI’s Criminal Justice
Information Law Unit (CJILU) to obtain an Originating Agency Identifier (ORI). The ORI
validates legal authorization to access criminal justice information and identifies the specific
agency requesting the information. CJILU reviewed s. 559.952, F.S., which derives its
fingerprinting authority from s. 560.141, F.S. On March 22, 2021, CJILU responded to this
request stating that s. 560.141, F.S. did not qualify for CHRI because certain terms were overly
broad and, thus, did not sufficiently define the categories of people subject to the background
14
28 C.F.R. s. 20.1.
15
Federal Bureau of Investigation, Testimony of Dennis Lormel Before the House Financial Services Committee (Mar. 06,
2001), available at https://archives.fbi.gov/archives/news/testimony/fbis-perspective-on-criminal-history-record-information-
checks-on-individuals-conducting-insurance-business (last visited Mar. 24, 2023).
16
Email from Heather R. Postlethwait, FBI Office of the General Counsel, to Nathan Pate, Florida Department of Law
Enforcement, RE: ORI Request - Florida Office of Financial Regulation (Mar. 22, 2021) (on file with the Senate Committee
on Banking and Insurance).
BILL: CS/SB 532 Page 5
check.17 The CJILU did express that since it had previously approved s. 560.141, F.S., it would
continue to honor fingerprints submitted under ch. 560, F.S., during a grace period in order to
allow Florida to amend 560.103, F.S.18 CJILU will not allow fingerprinting of additional
categories of applicants (i.e., those applying under the Financial Technology Sandbox) during
this grace period.19
These concerns raised by the FBI resulted in the adoption of a new definition of the term
“control person” that was codified in 2022 which describes all persons subject to fingerprinting
under ch. 560, F.S., 20 to mean any of the following:
A person who holds the title of president, chief executive officer, chief financial officer, chief
operations officer, chief legal officer, or compliance officer for a money services business.
A person who holds any of the officer positions named in the money services business’s
governing documents.
A person who holds any position named by the money services business’s liability insurance
coverage for directors and officers, if the business has such coverage.
A director of the money services business’s board of directors.
A person who directs the affairs of a money services business or who participates in, or has
authority to participate in, the major policymaking functions of a money services business,
regardless of whether the person has an official title or receives a salary or other
compensation.
For a money services business that is a corporation, all shareholders that, directly or
indirectly, own 25 percent or more or that have the power to vote 25 percent or more of a
class of voting securities.
For a money services business that is a partnership, all general partners, and those limited or
special partners that have contributed 25 percent or more or that have the right to receive
upon dissolution 25 percent or more of the limited liability company’s capital.
For a money services business that is a limited liability company, all managers, and those
members that have contributed 25 percent or more or that have the right to receive upon
dissolution 25 percent or more of the limited liability company’s capital.21
The FBI determined that this definition of “control person” does not meet the requirements of
Public Law 92-544 because it does not “‘identify the specific category(ies) of
licensees/employees falling within its purview,’”22 and has continued the grace period while
revisions are made to meet the requirements of federal law.
17
Office of Financial Regulation, Senate Bill 1536 Analysis (January 12, 2022) (on file with the Senate Committee on
Banking and Insurance), and Letter from Heather R. Postletwait, Paralegal Specialist for the FBI CJILU, to Nathan Pate,
Florida Dept. of Law Enforcement, (Mar. 22, 2022) (on file with the Senate Committee on Banking and Insurance).
18
Id.
19
Id.
20
Chapter 2022-135, L.O.F.
21
Section 560.103(10), F.S.
22
Email from Amanda Brooke Taylor, FDLE Operations & Management Consultant Manager, to Russell Weigel,
Commissioner of Office of Financial Regulation, RE: OFR Request – FBI approval of HB 389 language (August 9, 2022)
(on file with the Senate Committee on Banking and Insurance).
BILL: CS/SB 532 Page 6
III. Effect of Proposed Changes:
On February 17, 2023, the FBI asked questions and provided comments on SB 532. The FBI
noted “the inclusion of terms that are overly broad and undefined do not meet the requirements
of Public Law 92-544.” The FBI also noted that they would need to review the entire statute to
make a final determination on whether the proposed bill language would be approved.23 The
revisions to the bill in CS/SB 532 are intended to address the concerns communicated by the FBI
regarding the bill as filed.
Section 1 amends the definition of a “control person,” with respect to MSB, to include:
A person who holds the title of treasurer.
A person who holds general manager, manager or managing member positions named in the
MSB governing documents. “Governing documents” is defined, as used in s. 560.103(10)(b),
F.S., to mean bylaws, articles of incorporation or organization, partnership agreements,
shareholder agreements, and management or operating agreement.
A shareholder whose name shares are registered in the records of a corporation24 for profit,
whether incorporated under the laws of Florida or organized under the laws of any other
jurisdiction and existing in that legal form, who owns 25 percent or more of a class of the
company’s equity securities. The bill clarifies paragraph (d) of the definition in that it: (a)
specifies that a shareholder is the title of the interest holder of a corporation, (b) incorporates
the definition of foreign corporation within the definition of “control person” and (c) clarifies
that equity securities are the type of interest held in a corporation.
23
Email from CJILU to Charles Murphy, Deputy Director, Florida Department of Law Enforcement Criminal Justice
Information Services, (Feb. 17, 2023) (on file with the Senate Committee on Banking and Insurance).
24
Section 607.01401(13), F.S., defines “corporation” as a corporation for profit, which is not a foreign corporation,
incorporated under this chapter.
BILL: CS/SB 532 Page 7
A general partner,25 limited partner,26 or special partner who has a 25 percent or greater
transferable interest27 of a limited partnership,28 limited liability limited partnership,29 foreign
limited partnership,30 or foreign limited liability limited partnership,31which is substantially
the same as current law except that the bill: (a) describes the types of partnerships that fall
within the definition of “control person,” (b) defines the types of partners, including general
partner, limited partner, or special partners, and (c) provides for a partner who has a 25
percent or greater transferable interest, which is defined in the bill, rather than a right to
receive upon dissolution 25 percent or more of the partnership’s capital. The bill defines
“special partner,” for purposes of s. 560.103(10)(e), F.S., as having the same meaning as a
person that has rights, powers, and obligations similar to those of a limited partner in a
limited partnership.
25
Section 620.1102(9), F.S., defines “general partner” as (a) with respect to a limited partnership, a person that: 1. Becomes a
general partner under s. 620.1401, F.S.; or 2. Was a general partner in a limited partnership when the limited partnership
became subject to this act under s. 620.2204(1) or (2), F.S., (b) with respect to a foreign limited partnership, a person that has
rights, powers, and obligations similar to those of a general partner in a limited partnership. Section 620.1401, F.S., provides
that a person becomes a general partner: (1) as provided in the partnership agreement; (2) under s. 620.1801(1)(c), F.S.,
following the dissolution of a limited partnership’s last general partner; (3) as a result of a conversion or merger involving the
limited partnership under the Florida Revised Uniform Limited Partnership Act of 2005 (FRULPA) as provided for in the
plan of conversion or merger; or (4) with the consent of all partners.
26
Section 620.1102(11), F.S., defines “limited partner” to mean (a) with respect to a limited partnership, a person that: 1.
Becomes a limited partner under s. 620.1301, F.S.; or 2. was a limited partner in a limited partnership when the limited
partnership became subject to this act under s. 620.2204(1) or (2), F.S. (b) with respect to a foreign limited partnership, a
person that has rights, powers, and obligations similar to those of a limited partner in a limited partnership. Section 620.1301,
F.S., provides that a person becomes a limited partner: (1) as provided in the partnership agreement; (2) as a result of a
conversion or merger involving the limited partnership under FRULPA as provided in the plan of conversion or merger; or
(3) with the consent of all the partners.
27
Section 620.1102(25), F.S., defines “transferable interest” as a partner’s right to receive distributions.
28
Section 620.1102(12), F.S., defines “limited partnership,” except in the phrase “foreign limited partnership” and “foreign
limited liability limited partnership,” means an entity, having one or more general partners and one or more limited partners,
which is formed under this act by two or more persons or becomes subject to this act as the result of a conversion or merger
under this act, or which was a limited partnership governed by the laws of this state when this act became a law and became
subject to this act under s. 620.2204(1) and (2). The term includes a limited liability limited partnership.
29
Section 620.1102(10), F.S., defines “limited liability limited partnership,” except in the phrase “foreign limited liability
limited partnership,” means a limited partnership whose certificate of limited partnership states that the limited partnership is
a limited liability limited partnership, or which was a limited liability limited partnership when the limited partnership
became subject to this act under s. 620.2204(1) or (2).
30
Section 620.1102(8), F.S., defines “foreign limited partnership” as a partnership formed under the laws of a jurisdiction
other than this state and required by those laws to have one or more general partners and one or more limited partners. The
term includes a foreign limited liability limited partnership.
31
Section 620.1102(7), F.S., defines “foreign limited liability limited partnership” as a foreign limited partnership whose
general partners have limited liability for the obligations of the foreign limited partnership under a provision similar to s.
620.1404(3).
BILL: CS/SB 532 Page 8
A member32 who holds a 25 percent or more membership interest in a limited liability
company33 or a foreign limited liability company,34 as that term is defined in s. 605.0102,
F.S.. The bill defines “membership interest,” as used in s. 560.103(10)(f), F.S., to mean a
member’s right to receive distributions or other rights, such as voting rights or management
rights, under the articles of organization. The bill differs from current law in that the bill: (a)
includes members of a foreign limited liability company, (b) defines member, membership
interest, limited liability company, and foreign limited liability company, and (c) provides for
a member who holds a 25 percent or more membership interest rather than a right to receive
25 percent or greater of the limited liability company’s capital upon dissolution.
A beneficial owner of any legal entity of the corporations, partnerships, and limited liability
companies noted above. Defines “beneficial owner” as each individual, if any, who, directly
or indirectly, through any contract, arrangement, understanding, or relationship other than a
revocable proxy, owns 25 percent or more of the shares or stock interest, transferable
interest, or membership interest of a legal entity.
The bill removes the following persons from within the definition of “control person”:
A person who holds any position named in the MSB’s liability insurance coverage for
directors and officers, if the business has such coverage; and
A person who directs the affairs of a MSB or who participates in, or has authority to
participate in, the major policymaking functions of a money service business, regardless of
whether the person has an official title or receives a salary or other compensation.
Section 2 provides an effective date of July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
32
Section 605.0102,(40), F.S., defines “member” as a person who (a) is a member of a limited liability company under s.
605.0401 or was a member in a company when the company became subject to this chapter; and (b) has not dissociated from
the company under s. 605.0602, F.S. Section 605.0401(3), F.S., provides that, after formation of a limited liability company,
a person becomes a member: (a) as provided in the operating agreement; (b) as the result of a merger, interest exchange,
conversion, or domestication under ss. 605.1001-605.1072, F.S., as applicable; (c) with the consent of all members; or (d) as
provided in s. 605.0701(3), F.S.
33
Section 605.0102(36), F.S., defines “limited liability company” as an entity formed or existing under ch. 605, F.S., or an
entity that becomes subject to ch. 605, F.S., pursuant to ss. 605.1001-605.1072, F.S.
34
Section 605.0102(26), F.S., defines “foreign limited liability company” as an unincorporated entity that was formed in a
jurisdiction other than this state and is denominated by that law as a limited liability company.
BILL: CS/SB 532 Page 9
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.
VIII. Statutes Affected:
This bill substantially amends section 560.103 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 Banking and Insurance Committee on March 15, 2023:
The committee substitute makes the following changes to the definition of “control
person” under s. 560.103(10), F.S.:
Adds a person who holds the title of treasurer;
Adds a person who holds general manager, manager or managing member positions
named in the MSB governing documents;
With respect to MSB’s that are corporations:
o Specifies that a shareholder is the title of the interest holder of a corporation;
BILL: CS/SB 532 Page 10
o Incorporates the definition of foreign corporation within the definition of
“control person” with referencing the term or cross-referencing the definition
of “foreign corporation;” and
o Clarifies that equity securities are the type of interest held in a corporation.
With respect to partnerships:
o Describes the types of partnerships that fall within the definition of “control
person;” and
o Provides for a partner who has a 25 percent or greater transferable interest
rather than a right to receive upon dissolution 25 percent or more of the
partnership’s capital;
With respect to limited liability companies:
o Includes members of a foreign limited liability company; and
o Provides for a member who holds a 25 percent or more membership interest
rather than a right to receive 25 percent or greater of the limited liability
company’s capital upon dissolution;
Provides that a “control person” includes a beneficial owner of corporations,
partnerships, and limited liability companies covered under the definition of “control
person;”
Defines the terms “governing documents,” “special partner,” and “membership
interest,” and “beneficial owner” within the definition of “control person;” and
Defines “general partner,” “limited partner,” “transferable interest,” “limited
partnership,” “limited liability partnership,” “foreign limited partnership,” “foreign
limited liability partnership,” “member,” “limited liability company,” and “foreign
limited liability company” by cross-referencing the definitions of these terms in Title
XXXVI Business Organizations of the Florida Statutes.
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 CS for SB 532 Florida Senate - 2023 CS for SB 532
By the Committee on Banking and Insurance; and Senator Burton
597-02623-23 2023532c1 597-02623-23 2023532c1
1 A bill to be entitled 30 (e) A person who directs the affairs of a money services
2 An act relating to money services businesses; amending 31 business or who participates in, or has authority to participate
3 s. 560.103, F.S.; revising the definition of the term 32 in, the major policymaking functions of a money services
4 “control person” for purposes of ch. 560, F.S.; 33 business, regardless of whether the person has an official title
5 defining terms; providing an effective date. 34 or receives a salary or other compensation.
6 35 (d)(f) A shareholder whose name shares are registered in
7 Be It Enacted by the Legislature of the State of Florida: 36 the records of a corporation for profit, whether incorporated
8 37 under the laws of this state or organized under the laws of any
9 Section 1. Subsection (10) of section 560.103, Florida 38 other jurisdiction and existing in that legal form, who owns 25
10 Statutes, is amended to read: 39 percent or more of a class of the company’s equity securities
11 560.103 Definitions.—As used in this chapter, the term: 40 For a money services business that is a corporation, all
12 (10) “Control person” means, with respect to a money 41 shareholders that, directly or indirectly, own 25 percent or
13 services business, any of the following: 42 more or that have the power to vote 25 percent or more of a
14 (a) A person who holds the title of president, treasurer, 43 class of voting securities.
15 chief executive officer, chief financial officer, chief 44 (e)(g) A general partner or a limited partner, as those
16 operations officer, chief legal officer, or compliance officer 45 terms are defined in s. 620.1102, or a special partner who has a
17 for a money services business. 46 25 percent or greater transferable interest, as defined in s.
18 (b) A person who holds any of the officer, general partner, 47 620.1102, of a limited partnership, limited liability limited
19 manager, or managing member positions named in the money 48 partnership, foreign limited partnership, or foreign limited
20 services business’s governing documents. As used in this 49 liability limited partnership, as those terms are defined in s.
21 paragraph, the term “governing documents” includes bylaws, 50 620.1102. For purposes of this paragraph, a special partner has
22 articles of incorporation or organization, partnership 51 the same meaning as a person that has rights, powers, and
23 agreements, shareholder agreements, and management or operating 52 obligations similar to those of a limited partner, as defined in
24 agreements. 53 s. 620.1102, in a limited partnership For a money services
25 (c) A person who holds any position named by the money 54 business that is a partnership, all general partners, and those
26 services business’s liability insurance coverage for directors 55 limited or special partners that have contributed 25 percent or
27 and officers, if the business has such coverage. 56 more or that have the right to receive upon dissolution 25
28 (d) A director of the money services business’s board of 57 percent or more of the partnership’s capital.
29 directors. 58 (f)(h) A member, as defined in s. 605.0102, who holds a 25
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 CS for SB 532
597-02623-23 2023532c1
59 percent or greater membership interest in a limited liability
60 company or a foreign limited liability company, as those terms
61 are defined in s. 605.0102. As used in this subsection, the term
62 “membership interest” means a member’s right to receive
63 distributions or other rights, such as voting rights or
64 management rights, under the articles of organization For a
65 money services business that is a limited liability company, all
66 managers, and those members that have contributed 25 percent or
67 more or that have the right to receive upon dissolution 25
68 percent or more of the limited liability company’s capital.
69 (g) A beneficial owner of any legal entity referred to in
70 paragraphs (d)-(f). As used in this paragraph, the term
71 “beneficial owner” means each individual, if any, who, directly
72 or indirectly, through any contract, arrangement, understanding,
73 or relationship other than a revocable proxy, owns 25 percent or
74 more of the shares or stock interest, transferable interest as
75 defined in s. 620.1102, or membership interest of a legal
76 entity.
77 Section 2. This act shall take effect July 1, 2023.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
2'7
ng Date
APPEARANCE RECORD S3z
Bill Number orTopic
Deliver both copies of this form to
Senate professional staff conducting the meeting
Comm Amendment Barcode (if applicable)
Name s a ,r\/ Phone
Address Email t", q- v\ /o{ft,
Street
City Stdte Zip
Speaking: I ror I Against I lnformation OR waiveSpeaking: il^rurrot I Against
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without lam a registered lobbyist, I am not a lobbyist, but received
compensation or sponsorship.
!l reoresenttno:- something of value for my appearance
0{,U r){ { ina6c n* ( (travel, meals, lodging, etc.),
sponsored by:
l/1 h
This form is part of the public record for this meeting. s-001 (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 728
INTRODUCER: Commerce and Tourism Committee and Senator Garcia
SUBJECT: Liveries
DATE: March 28, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. Baird McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 728 specifies that a livery’s pre-rental or pre-ride instruction must be hands-on. The
instruction must include education on safety, regulatory, informational, or navigation markers in
the geographic vicinity, and on the prohibition against boating under the influence.
The bill exempts a renter or lessee and livery from the pre-rental or pre-ride instruction
requirement if the renter or lessee retains a professional captain with an active U.S. Coast Guard
license, as required by the agreement between the livery and the renter or lessee.
The bill allows a livery to limit insurance covering the renter if the renter or lessee has a boating
certification authorized by statute or if the renter or lessee hires a professional captain.
II. Present Situation:
Fish and Wildlife Conservation Commission
The Fish and Wildlife Conservation Commission (FWC) is responsible for regulating, managing,
protecting, and conserving the state’s fish and wildlife resources.1 FWC is governed by a board
of seven members who are appointed by the Governor and confirmed by the Florida Senate.2
Under Article IV, Section 9 of the Florida Constitution, FWC has the authority to exercise the
1
FLA. CONST. art. IV, s. 9.
2
Id.; see also s. 379.102(1), F.S.
BILL: CS/SB 728 Page 2
regulatory and executive powers of the state with respect to wild animal life, fresh water aquatic
life, and marine life.
Chapter 327, F.S., concerning vessel safety is enforced by FWC’s Division of Law Enforcement
and its officers, county sheriffs and deputies, municipal police officers, and any other law
enforcement officer.3 The Division of Law Enforcement manages the state’s waterways to ensure
boating safety for Florida residents and visitors.4 This includes enforcing boating rules and
regulations, coordinating boating safety campaigns and education, managing public waters and
access to the waters, conducting boating accident investigations, identifying and removing
derelict vessels, and investigating vessel theft and title fraud.5
Boating Safety Education
A person operating a vessel powered by a motor of 10 horsepower or greater must possess
photographic identification and a Florida boating safety identification card; a state-issued
identification card or driver license indicating possession of the boating safety identification
card; or photographic identification and a temporary certificate issued or approved by FWC, an
International Certificate of Competency, a boating safety card or certificate from another state or
U.S. territory, or a Canadian Pleasure Craft Operator Card.6 A person is exempt from this
requirement if he or she:
Was born before January 1, 1988;7
Is or has been licensed by the U.S. Coast Guard;
Operates a vessel only on a private lake or pond;
Is accompanied by an adult who meets boating safety requirements and who is attendant to
the operation of the vessel and responsible for safe operation of the vessel;
Is a nonresident who possesses photographic identification and proof of completion of a
boating safety education course or examination that meets or exceeds the minimum
requirements established by the National Association of State Boating Law Administrators;
Is operating a vessel within 90 days after purchase and possesses the bill of sale; or
Is exempted by FWC rule.8
A Florida boating safety identification card is issued after successful completion of a boating
safety education course approved by FWC.9 The card is valid for a person’s life.10 A temporary
certificate requires passing an FWC-approved examination and is valid for 90 days after the date
3
Section 327.70(1), F.S.; see s. 943.10(1), F.S., which defines “law enforcement officer” as any person who is elected,
appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with
authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the
enforcement of the penal, criminal, traffic, or highway laws of the state. The definition also includes all certified supervisory
and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management
responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement
officers but does not include support personnel employed by the employing agency.
4
Fish and Wildlife Conservation Commission (FWC), Boating, https://myfwc.com/boating/ (last visited March 24, 2023).
5
FWC, Law Enforcement, https://myfwc.com/about/inside-fwc/le/ (last visited March 24, 2023). See s. 327.70(1) and (4),
F.S.
6
Section 327.395(1), (2), F.S.
7
Section 327.395(1), F.S.
8
Section 327.395(6), F.S.
9
Section 327.395(3), F.S.
10
Section 327.395(5), F.S.
BILL: CS/SB 728 Page 3
of issuance.11 An FWC-approved boating safety education course or temporary certificate
examination must contain information regarding:
Diving vessels, awareness of divers in the water, divers-down warning devices, and
navigation around divers;
The danger associated with:
o A passenger riding on a vessel area not designed and designated for seating,
o A passenger falling overboard,
o Operating a vessel near a person in the water,
o Starting a vessel with the engine in gear, and
o Leaving the vessel running when a passenger is boarding or disembarking; and
The proper use and lifesaving benefits of an engine cutoff switch for motorboats and personal
watercraft.12
Regulation of Liveries
A livery is defined as a person who advertises and offers a livery vessel13 for use by another in
exchange for any type of consideration, when the livery does not also provide the lessee or renter
with a captain, crew, or any type of staff or personnel to operate, oversee, maintain, or manage
the vessel.14 The statute specifies two exemptions from the definition:
Vessel owners who do not advertise their vessel for use by another for consideration and who
loan or offer the vessel to a person they know; and
A public or private school or postsecondary institution located in the state.15
A livery may not offer a vessel for lease or rent without obtaining an annual, no-cost livery
permit from FWC.16 To qualify for the issuance or renewal of the permit, a livery must:
Provide FWC with a list of all vessels available for lease or rent;
Have valid insurance;
Have enough U.S. Coast Guard-approved lawful personal flotation devices on site to
accommodate the capacity of all available vessels;
Have enough safety equipment required by statute and the Code of Federal Regulations on
site to equip all available vessels; and
Display boating safety information in a place visible to the renting public.
If the information required to qualify for the permit changes before the annual renewal of the
permit, a livery must provide the updated information to FWC within 10 days of the change. 17
Regarding boating safety, the law prohibits a livery from knowingly leasing or renting a vessel to
any person:
11
Section 327.395(3), (5), F.S.
12
Section 327.395(4), F.S.
13
A livery vessel is defined as a vessel that is leased, rented, or chartered to another for consideration. Section 327.02(24),
F.S.
14
Section 327.54(1), F.S.
15
Id.
16
Section 327.54(2), F.S.
17
Id.
BILL: CS/SB 728 Page 4
When the number of persons intending to use the vessel exceeds the maximum safety load
for the vessel;
When the horsepower of the motor exceeds the capacity of the vessel;
When the vessel does not contain required safety equipment;
When the vessel is not seaworthy, is derelict, or is at risk of becoming derelict;
Unless the livery provides pre-rental or pre-ride instruction that reviews, at a minimum:
o The operational characteristics of the livery vessel,
o Safe vessel operation and right-of-way,
o The responsibility of the vessel operator for the safe and proper operation of the vessel,
o Local characteristics of the waterway, and
o Emergency procedures;
Unless the livery displays boating safety information in a place visible to the renting public;
and
Unless the livery has a written agreement with the renter or lessee.18
A livery also may not knowingly lease or rent a vessel to a person who is required to have a
boating safety identification card or other boating safety certificate unless the person presents the
card or certificate and photographic identification to the livery.19A person must be 18 years or
more to rent a livery vessel other than a human-powered vessel.20 Liveries must notify law
enforcement if a vessel is unnecessarily overdue by more than four hours or if an accident
occurs.21
Liveries must also obtain and carry in full force and effect a policy from a licensed insurance
carrier in the state, which insures the livery and the renter against any accident, loss, injury,
property damage, or other casualty caused by or resulting from the operation of the livery vessel.
The policy must cover at least $500,000 per person and $1 million per event. Proof of insurance
must be available for inspection where vessels are rented or leased. The insurance requirement
only applies to human-powered vessels.22
A livery is required to make its facilities and records available for inspection upon request of law
enforcement within 24 hours of receiving notice.23
The Boating Safety Act of 2022
The Legislature passed the Boating Safety Act of 2022 in part to increase protections for
individuals who rent or lease livery vessels.24 The Act provided the current statutory definition of
a livery as a person who advertises and offers a livery vessel for use by another in exchange for
any type of consideration, when the livery does not also provide a captain, crew, or any type of
staff or personnel to operate, oversee, maintain, or manage the vessel. It also required liveries to
obtain a no-cost, annual livery permit, as well as an insurance policy that insures both the livery
18
Section 327.54(3), F.S.
19
Section 327.54(4), F.S.; See generally s. 327.395, F.S.
20
Section 327.54(6), F.S.
21
Section 327.54(5) and (9), F.S.
22
Section 327.54(7), F.S.
23
Section 327.54(10), F.S.
24
Chapter 2022-197, Laws of Fla.
BILL: CS/SB 728 Page 5
and the renter. The Act added additional components to FWC-approved boating safety education
courses and temporary certificate examinations.25
III. Effect of Proposed Changes:
Section 1 amends s. 327.54, F.S., to specify that a livery’s pre-rental or pre-ride instruction must
be hands-on. The bill requires that the instruction include education on any safety, regulatory,
informational, or navigation markers in the geographic vicinity, as well as notice of the
prohibition against boating under the influence.
The bill provides that if a renter or lessee retains a professional captain who holds an active U.S.
Coast Guard license to command the livery vessel as required by the agreement between the
livery and the renter or lessee, and the livery confirms that the captain has been retained, the
renter or lessee and the livery will be exempt from the pre-rental or pre-ride instruction
requirement.
The bill allows a livery to limit insurance covering the renter if the renter or lessee:
Has a Florida boating safety identification card issued by the Florida Fish and Wildlife
Conservation Commission (FWC), a temporary certificate, or another authorized form of
boating certification; or
Hires a professional captain who holds an active U.S. Coast Guard license.
The bill makes technical changes.
Section 2 provides an effective date of 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.
25
Id.
BILL: CS/SB 728 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:
None.
VIII. Statutes Affected:
This bill substantially amends section 327.54 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 Committee on March 27, 2023:
The committee substitute removes language that limits pre-rental and pre-ride instruction
to only hands-on instruction, while still requiring part of the instruction to be hands-on.
Regarding the exception to the requirement that a livery provide safety instruction, the
amendment will not require the livery to confirm that a renter or lessee has retained a
professional captain. The committee substitute makes a clarifying change.
The committee substitute also removes provisions allowing the Florida Fish and Wildlife
Conservation Commission to enter into agreements with qualified contractors to perform
compliance inspections of liveries.
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 728 Bill No. SB 728
Ì462846CÎ462846 Ì462846CÎ462846
LEGISLATIVE ACTION 11 b. Safe vessel operation and vessel right-of-way.
Senate . House 12 c. The responsibility of the vessel operator for the safe
Comm: RCS . 13 and proper operation of the vessel.
03/27/2023 . 14 d. Local characteristics of the waterway where the vessel
. 15 will be operated, such as navigational hazards, the presence of
. 16 boating-restricted areas, and water depths, and education on any
. 17 safety, regulatory, informational, or navigation markers in the
18 geographic vicinity.
19 e. Emergency procedures, such as appropriate responses to
20 capsizing, falls overboard, taking on water, and vessel
21 accidents.
22 f. A notice of the prohibition against boating under the
23 influence pursuant to s. 327.35.
24 2. Any person receiving instruction in the safe handling of
25 livery vessels pursuant to this paragraph must provide the
The Committee on Commerce and Tourism (Garcia) recommended the 26 livery with a written statement attesting to each component of
following: 27 the instruction.
28 a. The commission shall establish by rule the content of
1 Senate Amendment (with title amendment) 29 the statement form.
2 30 b. The statement form must be signed by the individual
3 Delete lines 79 - 204 31 providing the instruction.
4 and insert: 32 c. The livery shall maintain the statement form for no less
5 (e) Unless the livery provides pre-rental or pre-ride 33 than 90 days and, upon request, make the form available for
6 instruction, which shall include hands-on instruction, in 34 inspection by law enforcement.
7 compliance with rules established by the commission. 35 (f) Unless the livery displays boating safety information
8 1. The instruction must include, but need not be limited 36 in a place visible to the renting public. The commission shall
9 to: 37 prescribe by rule, pursuant to chapter 120, the contents and
10 a. Operational characteristics of the vessel to be rented. 38 size of the boating safety information to be displayed.
39 (g) Unless the livery has a written agreement with the
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Florida Senate - 2023 COMMITTEE AMENDMENT Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 728 Bill No. SB 728
Ì462846CÎ462846 Ì462846CÎ462846
40 renter or lessee. The written agreement must include the name, 69 renter against any accident, loss, injury, property damage, or
41 address, and date of birth for the renter and the number of 70 other casualty caused by or resulting from the operation of the
42 people aboard the vessel, as well as the time the vessel is 71 livery vessel. The insurance policy must provide coverage of at
43 required to be returned to the livery or another specified 72 least $500,000 per person and $1 million per event. The livery
44 location and an emergency contact name, address, and telephone 73 shall have proof of such insurance available for inspection at
45 number. The livery shall maintain each agreement for no less 74 the location where livery vessels are being leased or rented, or
46 than 1 year and, upon request, make each agreement available for 75 offered for lease or rent, and shall provide to each renter the
47 inspection by law enforcement. 76 insurance carrier’s name and address and the insurance policy
48 (4) If a renter or lessee retains a professional captain 77 number. A livery may choose to limit insurance covering the
49 who holds an active license issued by the United States Coast 78 renter if the renter or lessee meets one of the following
50 Guard to command the vessel as required by the agreement between 79 requirements:
51 the livery and the renter or lessee, the livery is not subject 80 (a) Has a Florida boating safety identification card issued
52 to paragraph (3)(e). 81 by the commission, a temporary certificate, or another form of
53 (5) A livery may not knowingly lease or rent a vessel to a 82 boating certification authorized pursuant to s. 327.395.
54 person who is required to comply with s. 327.395 unless such 83 (b) Hires a professional captain who holds an active
55 person presents to the livery the documentation required by s. 84 license issued by the United States Coast Guard.
56 327.395(2) for the operation of a vessel or meets the exemption 85
57 provided under s. 327.395(6)(f). 86 This subsection does not apply to human-powered vessels.
58 (6)(5) If a vessel rented or leased by a livery is 87 (9)(8) Notwithstanding the person’s age or any exemptions
59 unnecessarily overdue more than 4 hours after the contracted 88 provided in s. 327.395, any person delivering instruction
60 vessel rental time has expired, the livery must notify law 89 regarding the safe operation of vessels or hands-on pre-rental
61 enforcement. 90 or pre-ride instruction in accordance with subsection (3) must
62 (7)(6) A livery may not knowingly lease or rent a livery 91 have successfully completed a boating safety education course
63 vessel, other than a human-powered vessel, to any person who is 92 approved by the National Association of State Boating Law
64 under 18 years of age. 93 Administrators and this state.
65 (8)(7) A livery may not lease or rent or offer to lease or 94 (10)(9) If a vessel rented or leased by a livery is
66 rent any livery vessel unless the livery first obtains and 95 involved in an accident, the livery must report the accident to
67 carries in full force and effect a policy from a licensed 96 the division.
68 insurance carrier in this state which insures the livery and the 97 (11)(10) A livery shall make its facilities and records
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Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 728
Ì462846CÎ462846
98 available for inspection upon request by law enforcement no
99 later than 24 hours after receiving notice from law enforcement.
100 (12)(a)(11)(a) Any person convicted of violating this
101 section, other than subsection (2), who has not been convicted
102 of a violation of this section within the past 3 years commits a
103 misdemeanor of the second degree, punishable as provided in s.
104 775.082 or s. 775.083.
105 (b) Unless the stricter penalties in paragraph (c) apply, a
106 person who violates this section, other than subsection (2),
107 within 3 years after a previous conviction of a violation of
108 this section commits a misdemeanor of the first degree,
109 punishable as provided in s. 775.082 or s. 775.083, with a
110 minimum mandatory fine of $500.
111 (c) A person who violates this section, other than
112 subsection (2), within 5 years after two previous convictions
113 for a violation of this section commits a misdemeanor of the
114 first degree, punishable as provided in s. 775.082 or s.
115 775.083, with a minimum mandatory fine of $1,000.
116 (13)(12) A person who commits more than one violation of
117
118 ================= T I T L E A M E N D M E N T ================
119 And the title is amended as follows:
120 Delete lines 8 - 15
121 and insert:
122 and renters; providing an effective date.
Page 5 of 5
3/24/2023 11:24:25 AM EN.CM.03004
Florida Senate - 2023 SB 728 Florida Senate - 2023 SB 728
By Senator Garcia
36-00399B-23 2023728__ 36-00399B-23 2023728__
1 A bill to be entitled 30 consideration when such person does not also provide the lessee
2 An act relating to liveries; amending s. 327.54, F.S.; 31 or renter with a captain, a crew, or any type of staff or
3 revising safety requirements for liveries and 32 personnel to operate, oversee, maintain, or manage the vessel.
4 requiring hands-on instruction that meets specified 33 The owner of a vessel who does not advertise his or her vessel
5 requirements; providing an exemption from certain 34 for use by another for consideration and who loans or offers his
6 safety requirements when a renter hires a professional 35 or her vessel for use to another known to him or her either for
7 captain; revising insurance requirements for liveries 36 consideration or without consideration is not a livery. A public
8 and renters; authorizing the Fish and Wildlife 37 or private school or postsecondary institution located within
9 Conservation Commission to enter into agreements with 38 this state is not a livery. A vessel rented or leased by a
10 qualified contractors to perform compliance 39 livery is a livery vessel as defined in s. 327.02.
11 inspections of liveries; providing requirements for 40 (d) “Seaworthy” means the vessel and all of its parts and
12 such contracted inspections; requiring liveries to 41 equipment, including, but not limited to, engines, bilge pumps,
13 make facilities and records available for inspection 42 and kill switches, are functional and reasonably fit for their
14 by the qualified contractors within a specified 43 intended purpose.
15 timeframe; providing an effective date. 44 (2) A livery may not offer a vessel for lease or rent
16 45 without first being issued a no-cost livery permit by the
17 Be It Enacted by the Legislature of the State of Florida: 46 commission. The permit must be renewed annually. To qualify for
18 47 issuance or renewal of a livery permit, an applicant must
19 Section 1. Section 327.54, Florida Statutes, is amended to 48 provide the commission with a list of all vessels offered by the
20 read: 49 livery for lease or rent by another, have valid insurance
21 327.54 Liveries; safety regulations; penalty.— 50 pursuant to subsection (8) (7), have an amount of United States
22 (1) As used in this section, the term: 51 Coast Guard-approved lawful personal floatation devices on site
23 (a) “Advertise” means to describe or draw attention to a 52 sufficient to accommodate the capacity of all vessels offered by
24 vessel and its availability for lease or rental in any medium 53 the livery for rent or lease by another, have on site all safety
25 for the purpose of promoting the lease or rental of the vessel. 54 equipment required by s. 327.50 and the Code of Federal
26 (b) “Conviction” means any judicial disposition other than 55 Regulations sufficient to equip all vessels offered by the
27 acquittal or dismissal. 56 livery for rent or lease by another, and display the information
28 (c) “Livery” means a person who advertises and offers a 57 required by paragraph (3)(f). If, before the annual renewal of
29 livery vessel for use by another in exchange for any type of 58 the permit, the information required by this subsection changes,
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Florida Senate - 2023 SB 728 Florida Senate - 2023 SB 728
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59 the livery must provide the commission with the updated 88 d. Local characteristics of the waterway where the vessel
60 information within 10 days after the change. 89 will be operated, such as navigational hazards, the presence of
61 (a) The commission may adopt rules to implement this 90 boating-restricted areas, and water depths, and education on any
62 subsection. 91 safety, regulatory, informational, or navigation markers in the
63 (b) A person who violates this subsection commits a 92 geographic vicinity.
64 misdemeanor of the first degree, punishable as provided in s. 93 e. Emergency procedures, such as appropriate responses to
65 775.082 or s. 775.083. 94 capsizing, falls overboard, taking on water, and vessel
66 (3) A livery may not knowingly lease or rent a vessel to 95 accidents.
67 any person: 96 f. A notice of the prohibition against boating under the
68 (a) When the number of persons intending to use the vessel 97 influence pursuant to s. 327.35.
69 exceeds the number considered to constitute a maximum safety 98 2. Any person receiving instruction in the safe handling of
70 load for the vessel as specified on the authorized persons 99 livery vessels pursuant to this paragraph must provide the
71 capacity plate of the vessel. 100 livery with a written statement attesting to each component of
72 (b) When the horsepower of the motor exceeds the capacity 101 the instruction.
73 of the vessel. 102 a. The commission shall establish by rule the content of
74 (c) When the vessel does not contain the safety equipment 103 the statement form.
75 required under s. 327.50. 104 b. The statement form must be signed by the individual
76 (d) When the vessel is not seaworthy, is a derelict vessel 105 providing the instruction.
77 as defined in s. 823.11, or is at risk of becoming derelict as 106 c. The livery shall maintain the statement form for no less
78 provided in s. 327.4107. 107 than 90 days and, upon request, make the form available for
79 (e) Unless the livery provides hands-on pre-rental or pre- 108 inspection by law enforcement or an authorized agent of the
80 ride instruction in compliance with rules established by the 109 commission pursuant to subsection (10).
81 commission. 110 (f) Unless the livery displays boating safety information
82 1. The instruction must include, but need not be limited 111 in a place visible to the renting public. The commission shall
83 to: 112 prescribe by rule, pursuant to chapter 120, the contents and
84 a. Operational characteristics of the vessel to be rented. 113 size of the boating safety information to be displayed.
85 b. Safe vessel operation and vessel right-of-way. 114 (g) Unless the livery has a written agreement with the
86 c. The responsibility of the vessel operator for the safe 115 renter or lessee. The written agreement must include the name,
87 and proper operation of the vessel. 116 address, and date of birth for the renter and the number of
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Florida Senate - 2023 SB 728 Florida Senate - 2023 SB 728
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117 people aboard the vessel, as well as the time the vessel is 146 renter against any accident, loss, injury, property damage, or
118 required to be returned to the livery or another specified 147 other casualty caused by or resulting from the operation of the
119 location and an emergency contact name, address, and telephone 148 livery vessel. The insurance policy must provide coverage of at
120 number. The livery shall maintain each agreement for no less 149 least $500,000 per person and $1 million per event. The livery
121 than 1 year and, upon request, make each agreement available for 150 shall have proof of such insurance available for inspection at
122 inspection by law enforcement or an authorized agent of the 151 the location where livery vessels are being leased or rented, or
123 commission pursuant to subsection (10). 152 offered for lease or rent, and shall provide to each renter the
124 (4) If a renter or lessee retains a professional captain 153 insurance carrier’s name and address and the insurance policy
125 who holds an active license issued by the United States Coast 154 number. A livery may choose to limit insurance covering the
126 Guard to command the vessel as required by an agreement between 155 renter if the renter or lessee meets one of the following
127 the livery and the renter or lessee, and the livery confirms 156 requirements:
128 that a professional captain has been retained, the renter or 157 (a) Has a Florida boating safety identification card issued
129 lessee and the livery are not subject to paragraph (3)(e). 158 by the commission, a temporary certificate, or another form of
130 (5) A livery may not knowingly lease or rent a vessel to a 159 boating certification authorized pursuant to s. 327.395.
131 person who is required to comply with s. 327.395 unless such 160 (b) Hires a professional captain who holds an active
132 person presents to the livery the documentation required by s. 161 license issued by the United States Coast Guard.
133 327.395(2) for the operation of a vessel or meets the exemption 162
134 provided under s. 327.395(6)(f). 163 This subsection does not apply to human-powered vessels.
135 (6)(5) If a vessel rented or leased by a livery is 164 (9)(8) Notwithstanding the person’s age or any exemptions
136 unnecessarily overdue more than 4 hours after the contracted 165 provided in s. 327.395, any person delivering instruction
137 vessel rental time has expired, the livery must notify law 166 regarding the safe operation of vessels or hands-on pre-rental
138 enforcement. 167 or pre-ride instruction in accordance with subsection (3) must
139 (7)(6) A livery may not knowingly lease or rent a livery 168 have successfully completed a boating safety education course
140 vessel, other than a human-powered vessel, to any person who is 169 approved by the National Association of State Boating Law
141 under 18 years of age. 170 Administrators and this state.
142 (8)(7) A livery may not lease or rent or offer to lease or 171 (10) To enhance enforcement efforts, the commission may
143 rent any livery vessel unless the livery first obtains and 172 enter into agreements with qualified contractors to perform
144 carries in full force and effect a policy from a licensed 173 inspections of liveries to ensure compliance with this section.
145 insurance carrier in this state which insures the livery and the 174 Inspections may be performed by an authorized agent working
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175 under the supervision of a qualified contractor. The qualified 204 (14)(12) A person who commits more than one violation of
176 contractor shall provide a copy of a written, signed inspection 205 this section, other than subsection (2), within a 3-year period
177 report to the livery upon completion of the inspection and to 206 may not act as a livery during a 90-day period immediately after
178 the commission within 30 days after the inspection. The 207 being charged with that violation. The commission may revoke or
179 commission may develop the contents of the inspection report. 208 refuse to issue a permit under subsection (2) based on repeated
180 (11)(9) If a vessel rented or leased by a livery is 209 violations of this section.
181 involved in an accident, the livery must report the accident to 210 Section 2. This act shall take effect July 1, 2023.
182 the division.
183 (12)(10) A livery shall make its facilities and records
184 available for inspection upon request by law enforcement or an
185 authorized agent of the commission pursuant to subsection (10)
186 no later than 24 hours after receiving notice from law
187 enforcement or an authorized agent of the commission.
188 (13)(a)(11)(a) Any person convicted of violating this
189 section, other than subsection (2), who has not been convicted
190 of a violation of this section within the past 3 years commits a
191 misdemeanor of the second degree, punishable as provided in s.
192 775.082 or s. 775.083.
193 (b) Unless the stricter penalties in paragraph (c) apply, a
194 person who violates this section, other than subsection (2),
195 within 3 years after a previous conviction of a violation of
196 this section commits a misdemeanor of the first degree,
197 punishable as provided in s. 775.082 or s. 775.083, with a
198 minimum mandatory fine of $500.
199 (c) A person who violates this section, other than
200 subsection (2), within 5 years after two previous convictions
201 for a violation of this section commits a misdemeanor of the
202 first degree, punishable as provided in s. 775.082 or s.
203 775.083, with a minimum mandatory fine of $1,000.
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The Florida Senate
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This form is part of the public record for this meeting. S-OO1 (08/10/2021)
The Florida Senate
3- Meeting Date
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ittee Amendment Barcode (if applicable)
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 752
INTRODUCER: Regulated Industries Committee and Senator Calatayud
SUBJECT: Temporary Commercial Kitchens
DATE: March 24, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Fav/CS
2. Baird McKay CM Pre-meeting
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 752 regulates temporary commercial kitchens in the same manner as mobile food
delivery vehicles (MFDVs or food trucks). The bill defines the term “temporary commercial
kitchen” to mean “any kitchen that is a public food service establishment, used for the
preparation of takeout or delivery-only meals housed in portable structures that are movable
from place to place by a tow or are self-propelled or otherwise axle-mounted, that include self-
contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal.”
The term does not include a tent.
Temporary kitchens are typically used when fixed kitchens are unavailable, e.g., when damaged
by a fire, or during remodeling, when extra kitchen space is needed, and for catering at events.
Temporary kitchens may also be used after a natural disaster, such as a hurricane. Temporary
kitchens are contained in a variety of modular structures, such as portable cabin structures,
modular buildings, towed trailers, or standard freight containers.
The bill:
Requires operators of public food service establishments who provide commissary services
to temporary commercial kitchens to maintain a registry to verify that each temporary
commercial kitchen that receives such services is properly licensed;
Requires operators of temporary commercial kitchens to properly display their public food
service establishment license number to assist the public food service establishment to verify
the licensure of the temporary commercial kitchens;
BILL: CS/SB 752 Page 2
Preempts regulation of licenses, registrations, permits, and fees for temporary commercial
kitchens to the state; and
Authorizes MFDVs and temporary commercial kitchens that are operated on the same
premises of a separately licensed public food service establishment to operate during the
same hours of operation as the separately licensed public food service establishment.
The bill takes effect July 1, 2023.
II. Present Situation:
Department of Business and Professional Regulation, Division of Hotels and Restaurants
The Division of Hotels and Restaurants (Division) within the Division of Business and
Professional Regulation (DBPR) is charged with enforcing the laws relating to the inspection and
regulation of public food service establishments for the purpose of protecting the public health,
safety, and welfare.1
Public Food Service Establishments
A “public food service establishment” is defined as:2
…any building, vehicle, place, or structure, or any room or division in a
building, vehicle, place, or structure where food is prepared, served, or
sold for immediate consumption on or in the vicinity of the premises;
called for or taken out by customers; or prepared prior to being delivered
to another location for consumption.
There are several exclusions from the definition of public food service establishment, including:3
Any place maintained and operated by a public or private school, college, or university for
the use of students and faculty or temporarily to serve events such as fairs, carnivals, and
athletic contests;
Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or
nonprofit civic organization for the use of members and associates or temporarily to serve
events such as fairs, carnivals, or athletic contests;
Any eating place located on an airplane, train, bus, or watercraft which is a common carrier;
Any eating place maintained by a facility certified or licensed and regulated by the Agency
for Health Care Administration or the Department of Children and Families;
Any place of business issued a permit or inspected by the Department of Agriculture and
Consumer Services under s. 500.12, F.S.;
Any vending machine that dispenses any food or beverage other than potentially hazardous
food;
Any place of business serving only ice, beverages, popcorn, and prepackaged items; and
1
Section 509.032, F.S.
2
Section 509.013(5)(a), F.S.
3
Section 509.013(5)(b), F.S.
BILL: CS/SB 752 Page 3
Any research and development test kitchen limited to use by employees and not open to the
general public.
Health and Safety
The division must adopt and enforce sanitation rules to ensure the protection of the public from
food-borne illness in those establishments it licenses. These rules must provide standards and
requirements for obtaining, storing, preparing, processing, serving, or displaying food in public
food service establishments; approving public food service establishment facility plans;
conducting inspections for compliance with sanitation regulations; cooperating and coordinating
with the Department of Health in epidemiological investigations; initiating enforcement actions;
and other such responsibilities deemed necessary by the division.4
Effective November 1, 2019, the division has adopted the 2017 Food and Drug Administration
(FDA) Food Code (food code), which establishes practical, science-based guidance and
enforceable provisions for reducing risk factors known to cause or contribute to foodborne
illness.5 The food code represents FDA's best advice for a uniform system to address the safety
and protection of food offered at retail and in food service.6
The food code provides a plan review and inspectional guide for “mobile food establishments”
based on the mobile unit's menu and operation. Mobile units range in type from push carts to
food preparation catering vehicles. The guide provides a matrix of requirements that a mobile
food establishment must follow based on the type of food that is available for sale to the
consumer. This includes requirements for “time/temperature control for the safety of food”7 that
is prepared within a mobile food establishment.8
Mobile Food Dispensing Vehicles – Food Trucks
Food Trucks9 are regulated by the DBPR as a “mobile food dispensing vehicles,” (MFDV),10
which are defined as:11
…any vehicle that is a public food service establishment and that is self-
propelled or otherwise movable from place to place and includes self-
contained utilities, including, but not limited to, gas, water, electricity, or
liquid waste disposal.
4
Section 509.032(2)(d), F.S.
5
Fla. Admin. Code R. 61C-1.001(12).
6
U.S. Public Health Service, FDA Food Code 2017, p. 327,
http://www.myfloridalicense.com/dbpr/hr/statutes/documents/2017-FDA-Food-Code.pdf (last visited March 24, 2023).
7
The term "time/temperature control for safety food" is defined in chapter 1, subpart 1-201, of the food code as a food that
requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.
8
U.S. Public Health Service, FDA Food Code 2017, FDA Food Code Mobile Food Establishment Matrix, p. 754,
http://www.myfloridalicense.com/dbpr/hr/statutes/documents/2017-FDA-Food-Code.pdf (last visited March 24, 2023).
9
Generally, a food truck is a large wheeled vehicle from which food is sold that typically contains cooking facilities where
the food is prepared. Merriam-Webster Dictionary, Food Truck, https://www.merriam-webster.com/dictionary/food%20truck
(last visited March 24, 2023).
10
Section 509.102, F.S.
11
Section 509.032, F.S., and Fla. Admin. Code R. 61C-1.002.
BILL: CS/SB 752 Page 4
To obtain a license as an MFDV, an applicant must complete a kitchen plan review for sanitation
and safety concerns (if required).12 No plan review is required if an operator buys a vehicle
already licensed by the division and no changes have been made to the vehicle. A plan review is
required if an operator:
Constructs or uses a vehicle that has never been licensed by the division;
Uses a vehicle that has been closed for more than one year; or
Uses a vehicle that has been remodeled.
A plan review requires:
A plan of the vehicle with the equipment labeled;
A sample menu; and
A side photograph of the vehicle showing the wheels and open service window, and the
water/sewer or commissary location.
By rule, the division provides different license fees for a public food service establishment based
on the license classification for the establishment. The division’s general classifications are
nonseating and seating, which are then divided into sub-classifications.13 MFDVs are classified
under the nonseating classification. The license for an MFDV requires payment of a $50
application fee and a $347 license fee.14
All new licensees are required to pass a sanitation and safety inspection prior to opening.15
Division personnel have the right to inspect licensed MFDVs as often as necessary to enforce the
provisions of law and rule, and for the protection of the public’s health, safety, and welfare.16
The division is required, upon proper finding, to immediately issue an order to close a licensed
public food service establishment in the instance of a severe and immediate public health or
safety or welfare threat.17
Commissary Services Registry
The DBPR defines the term “commissary” to mean “a licensed public food service
establishment, which is utilized by an MFDV for the purpose of providing all required support
services, including potable water and wastewater disposal that are not available on the mobile
food dispensing vehicle.”18
Operators of public food service establishments that provide commissary services are required to
maintain a daily registry verifying that each MFDV that receives such services is properly
licensed. Each MFDV operator must permanently affix in a prominent place on the side of the
vehicle, in figures at least 2 inches high and in contrasting colors from the background, the
12
Fla. Admin. Code R. 61C-1.002(5)(c); See also Florida Department of Business and Professional Regulation, Division of
Hotels and Restaurants – Guide to Mobile Food Dispensing Vehicles, http://www.myfloridalicense.com/DBPR/hotels-
restaurants/licensing/mfdv-guide/ (last visited March 24, 2023).
13
See Fla. Admin. Code R. 61C-1.008(4).
14
Fla. Admin. Code R. 61C-1.008(4)(a)1.
15
Fla. Admin. Code R. 61C-1.002(3).
16
Section 509.032(2)(b), F.S.
17
Section 509.035, F.S.
18
Fla. Admin. Code R. 61C-1.001(8).
BILL: CS/SB 752 Page 5
operator’s public food service establishment license number. Prior to providing commissary
services, each public food service establishment must verify that the license number displayed on
the vehicle matches the number on the vehicle operator’s public food service establishment
license.19
Mobility Requirements
“Permanent nonseating establishments” are described in current law as “fixed public food service
establishments for which the sole service provided is intended as take-out or delivery, or which
do not otherwise provide accommodations for consumption of food by guests on the premises, or
premises under the control of the operator.”20
MFDVs are described in current law as “mounted public food service establishments which are
self-propelled or otherwise movable from place to place…”21 The DBPR’s Guide to Mobile
Food Establishments (guide) provides that an MFDV license is a vehicle mounted food service
license where the vehicle has adequate hand washing and dishwashing facilities, food protection,
refrigeration, power and plumbing systems. The guide indicates that an MFDV operator
performs food service activities inside the vehicle like food storage, cooking or preparation of
food and dishwashing.22
One of the requirements for obtaining an MFDV license is that the licensed location be a vehicle
and for the vehicle to be mobile.23 In order to be mobile, the DBPR requires “a side photograph
of the vehicle showing its wheels and open service window must be submitted at time of
application.”24
Preemption
The regulation of public food service establishments is preempted to the state. This preemption
does not affect the authority of a local government or local enforcement district to conduct
inspections for compliance with the Florida Building Code and the Florida Fire Prevention
Code.25
The regulation of MFDVs is also preempted to the state. A municipality, county, or other local
government entity may not:26
Require a separate license, registration, or permit beyond those established by the DBPR as a
condition for the MFDV’s operation within the jurisdiction;
Require a separate fee beyond those established by the DBPR as a condition for the MFDV's
operation within the jurisdiction; or
Prohibit MFDVs from operating within the entirety of the entity’s jurisdiction.
19
Section 509.101(3), F.S.
20
Fla. Admin. Code R. 61C-1.002(5)(a)1.
21
Fla. Admin. Code R. 61C-1.002(5)(a)2.
22
Supra note 12.
23
Fla. Admin. Code R. 61C-1.002(5)(a)2.
24
Id.
25
Section 509.032(7), F.S.
26
Section 509.102, F.S.
BILL: CS/SB 752 Page 6
The preemption for the regulation of MFDVs does not apply to any port authority, aviation
authority, airport, or seaport.27
Temporary Kitchens
Temporary kitchens are kitchen facilities that are typically used when fixed kitchens are
unavailable, e.g., have been damaged by a fire, or when a fixed kitchen is being refurbished,
when extra kitchen space is needed, and for catering at events.28 Providers of temporary kitchens
also market these kitchens for rent after a natural disaster, such as a hurricane.29
Temporary kitchens are contained in a variety of modular structures, such as portable cabin
structures, modular buildings, towed trailers, or standard freight containers.30
A temporary kitchen is a “public food service establishment” as defined in s. 509.013(5)(a), F.S.,
and is therefore subject to regulation by the division.
Ghost Kitchens
Ghost kitchens, also known as virtual restaurants, are shared commercial kitchens that do not
have a public-facing storefront and only offer food for delivery. Customers of ghost kitchens
typically do not know the location where the food is prepared. Ghost kitchens became popular in
2020 during the COVID-19 pandemic, when restaurants were shut down due to restrictions, or
business volume slowed significantly. Some traditional restaurants also use ghost kitchens for
delivery-only sales.31
The food code may be used to regulate ghost kitchen establishments. However, while the food
code specifically references mobile food establishments, it does not reference ghost kitchens or
similar locations or structures.
III. Effect of Proposed Changes:
The bill amends s. 509.101(3), F.S., to require operators of public food service establishments
who provide commissary services to temporary commercial kitchens to maintain a registry to
verify that each temporary commercial kitchen that receives such services is properly licensed,
and requires operators of temporary commercial kitchens to properly display their public food
service establishment license number. The bill applies to temporary commercial kitchens the
27
Id.
28
The Caterer, Temporary kitchens: Everything you need to know, Nov. 24, 2004,
https://www.thecaterer.com/news/foodservice/temporary-kitchens-everything-you-need-to-know (last visited March 24,
2023).
29
Mobile Kitchens USA, Affected by a Natural Disaster? Mobile Kitchens USA Can Help,
https://mobilekitchens.com/2018/04/05/affected-by-a-natural-disaster-mobile-kitchens-usa-can-help/ (last visited March 24,
2023).
30
Id. See also U.S. Mobile Kitchens, Temporary Kitchens, at: https://www.usmobilekitchens.com/mobile-
kitchens/temporary-kitchens (last visited March 24, 2023).
31
Eater, Ghost Kitchens Are the Wave of the Future. But Is That a Good Thing?, Nov. 9, 2020,
https://www.eater.com/21540765/ghost-kitchens-virtual-restaurants-covid-19-industry-impact (last visited March 24, 2023).
BILL: CS/SB 752 Page 7
same the requirements that currently apply to commissary services for MFDVs under current
law.
The bill amends s. 509.102, F.S., to apply the same requirements to temporary commercial
kitchens that apply to MFDVs under current law.
The bill creates s. 509.102, F.S., to define the term “temporary commercial kitchen” to mean
“any kitchen that is a public food service establishment, used for the preparation of takeout or
delivery-only meals housed in portable structures that are movable from place to place by a tow
or are self-propelled or otherwise axle-mounted, that include self-contained utilities, including,
but not limited to, gas, water, electricity, or liquid waste disposal.” The term does not include a
tent.32
Under the bill, temporary commercial kitchens are subject to regulation under ch. 509, F.S.
The bill preempts the regulation for licenses, registrations, permits, and fees for temporary
commercial kitchens to the state. Under the bill, local governments may not:
Require a separate license, registration, or permit beyond those established by the DBPR as a
condition for the temporary commercial kitchen’s operation within the jurisdiction;
Require a separate fee beyond those established by the DBPR as a condition for the
temporary commercial kitchen's operation within the jurisdiction; or
Prohibit temporary commercial kitchens from operating within the entirety of the entity’s
jurisdiction.
The bill provides that an MFDV “or temporary commercial kitchen that is operated on the same
premises as and by a separately licensed public food service establishment may operate during
the same hours of operation as the separately licensed public food service establishment that
operates such mobile food dispensing vehicle or temporary commercial kitchen.” This provision
may permit a licensed public food service establishment to operate a separately licensed MFDV
or a temporary commercial kitchen at the same location and for the same hours as the public
food service establishment.
The bill clarifies that local governments’ authority regulate the operation of temporary
commercial kitchens is not affected, except as described in the preemption.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
32
In pertinent part, the term “tent” means “a collapsible shelter of fabric (such as nylon or canvas) stretched and sustained by
poles and used for camping outdoors or as a temporary building.” See Merriam-Webster.com, tent, https://www.merriam-
webster.com/dictionary/tent (last visited March 24, 2023).
BILL: CS/SB 752 Page 8
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:
The DBPR anticipates an indeterminate fiscal impact for the bill.33 The division considers
temporary commercial kitchens to be in the same classification as mobile food delivery
vehicles, but if temporary kitchens are classified by the division under another
classification, the division anticipates an indeterminate increase in license fees.34
VI. Technical Deficiencies:
None.
VII. Related Issues:
Distinguishing MFDVs and Temporary Commercial Kitchens
A mobile food delivery vehicle (food truck or MFDV) is defined as:35
…any vehicle that is a public food service establishment and that is self-
propelled or otherwise movable from place to place and includes self-
33
See Department of Business and Professional Regulation, 2023 Agency Legislative Bill Analysis for HB 415 (Jan. 24, 2023)
(on file with the Senate Regulated Industries Committee).
34
Id.
35
Section 509.032, F.S., and Fla. Admin. Code R. 61C-1.002.
BILL: CS/SB 752 Page 9
contained utilities, including, but not limited to, gas, water, electricity, or
liquid waste disposal.
The bill defines temporary commercial kitchen as:
…any kitchen that is a public food service establishment, used for the
preparation of takeout or delivery-only meals housed in portable structures
that are movable from place to place by a tow or are self-propelled or
otherwise axle mounted, that include self-contained utilities, including, but
not limited to, gas, water, electricity, or liquid waste disposal.
Under the bill, the primary distinction between an MFDV and a temporary commercial kitchen is
that a temporary commercial kitchen prepares food for takeout or delivery-only and it may be a
portable structure that can be towed. Otherwise, it is not clear that an MFDV may not also
qualify as a temporary commercial kitchen because an MFDV must be self-propelled and is
necessarily axle-mounted, i.e., it moves on wheels connected to an axle,36 and must include the
same self-contained utilities as a temporary commercial kitchen.
The term “temporary” in “temporary commercial kitchen” may relate to the length of time that a
location is used as a commercial kitchen, to the kitchen’s mobility, or to the impermanence of the
kitchen’s structure, but there is no time limit in the bill.
Local Pilot Programs
The City of Miami has created a pilot program to regulate “mobile operating units.” The term
“mobile operation unit” is defined by the city as a “movable stand, cart, vehicle, truck, van, or
trailer through which mobile operations are performed on a parking lot site or on vacant land.”
The term “delivery food vehicle” is defined as “any vehicle used as or in conjunction with a
mobile operation unit operating with app-based meal production for delivery only to be
consumed off-premises.”37 The regulations require the mobile operating units to refrain from
providing on-site takeout or dine-in service.
Mobile operating units are required to obtain city business tax receipts and a “peddler’s permit.”
The ordinance provides restrictions for food truck gatherings, such as prohibiting their operation
in certain zones. It also requires a site plan survey indicating the general placement of a food
truck. Violations are punishable by a fine of $250 for a first offense and $500 for each
subsequent offense.38 The pilot program was renewed on March 24, 2022, for a second year.39
It is not clear whether the ordinance is applicable to temporary commercial kitchens.
36
See Merriam-Webster.com, axle, https://www.merriam-webster.com/dictionary/axle (last visited March 24, 2023).
37
City of Miami Ordinance s. 31-51(h),
https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH31LOBUTAMIBURE_ARTIILO
BUTABT_S31-51FOTROPPRLA (last visited March 24, 2023).
38
Id.
39
City of Miami, City Commission Agenda March 24, 2022,
http://miamifl.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=2611&Inline=True (last visited March 24, 2023).
BILL: CS/SB 752 Page 10
The City of Orlando has adopted a similar pilot program.40
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 509.101 and
509.102.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries on March 7, 2023:
The CS includes temporary commercial kitchens in the requirements:
For public food service establishments who provide commissary services to
temporary commercial kitchens. Currently, these requirements only apply to
commissary services provided to mobile food dispensing vehicles (food trucks);
For food trucks, including the preemption of regulation to the state.
The CS also:
Permits a food truck or temporary commercial kitchen to operate on the same
premises as and by a separately licensed public food service establishment may
operate during the same hours of operation as the separately licensed public food
service establishment that operates such mobile food dispensing vehicle or temporary
commercial kitchen; and
Removes the requirement that the Division of Hotels and Restaurants adopt rules
regulating temporary commercial kitchens.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
40
The Community Paper, Ghost kitchens pilot program passed by the City,
https://www.yourcommunitypaper.com/articles/ghost-kitchens-pilot-program-passed-by-city/ (last visited March 24, 2023).
Florida Senate - 2023 COMMITTEE AMENDMENT Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 752 Bill No. CS for SB 752
Ì892746IÎ892746 Ì892746IÎ892746
LEGISLATIVE ACTION 11 establishment for 60 consecutive days. Upon request of the
Senate . House 12 operators of a temporary commercial kitchen, the division may
. 13 grant a one extension of up to 60 additional consecutive days.
. 14 If the temporary commercial kitchen is needed to supplement the
. 15 kitchen services of the licensed permanent food service
. 16 establishment during a period of renovation or repair, the
. 17 division may exercise discretion to grant an additional
18 extension of time upon a reasonable and reliable demonstration
19 by the licensed permanent food service establishment that
20 additional time is needed to complete the renovation or repair.
21 (b) If a licensed permanent food service establishment
22 licensed under this chapter, or the land upon which that
23 establishment is sited, is rendered uninhabitable due to a
24 natural disaster that is the subject of a declared state of
25 emergency, a temporary commercial kitchen may operate in a
The Committee on Commerce and Tourism (Calatayud) recommended 26 location on or as near the location of the permanent licensed
the following: 27 food service establishment as reasonably practicable. A
28 temporary commercial kitchen may operate in this capacity only
1 Senate Amendment (with directory and title amendments) 29 during the period of repair and rebuilding of the permanent
2 30 establishment. The operators of a temporary commercial kitchen
3 Delete line 77 31 operating in this capacity must notify the division of the
4 and insert: 32 kitchens location and renew the notification every 90 days.
5 (3)(a) A temporary commercial kitchen may be used in 33 (c) Except as authorized under paragraphs (a) and (b), a
6 conjunction with a permanent food service establishment licensed 34 temporary commercial kitchen may not operate in one location for
7 under this chapter for the purpose of supplementing the kitchen 35 longer than 30 consecutive days. The operators of a temporary
8 operations of the licensed permanent food service establishment. 36 commercial kitchen must notify the division within 24 hours
9 A temporary commercial kitchen may operate in this capacity on 37 after commencing operation in a location.
10 the premises of the licensed permanent food service 38 (4)(3) This section may not be construed to affect a
39
Page 1 of 3 Page 2 of 3
3/24/2023 2:46:23 PM 577-03014-23 3/24/2023 2:46:23 PM 577-03014-23
Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 752
Ì892746IÎ892746
40 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
41 And the directory clause is amended as follows:
42 Delete lines 38 - 39
43 and insert:
44 Section 2. Present subsections (3) and (4) of section
45 509.102, Florida Statutes, are redesignated as subsections (4)
46 and (5), a new subsection (3) is added to that section, and
47 subsection (1) and present subsection (3) of that section are
48 amended, to read:
49
50 ================= T I T L E A M E N D M E N T ================
51 And the title is amended as follows:
52 Delete line 13
53 and insert:
54 to operate during certain hours; authorizing temporary
55 commercial kitchens to be used in conjunction with
56 licensed permanent food service establishments for
57 specified purposes; authorizing such operation for
58 specified timeframes; authorizing the Division of
59 Hotels and Restaurants of the Department of Business
60 and Professional Regulation to grant extensions;
61 requiring a temporary commercial kitchen to notify the
62 division within a specified timeframe of commencing
63 operation; providing
Page 3 of 3
3/24/2023 2:46:23 PM 577-03014-23
Florida Senate - 2023 CS for SB 752 Florida Senate - 2023 CS for SB 752
By the Committee on Regulated Industries; and Senator Calatayud
580-02343-23 2023752c1 580-02343-23 2023752c1
1 A bill to be entitled 30 operator shall permanently affix in a prominent place on the
2 An act relating to temporary commercial kitchens; 31 side of the vehicle or kitchen, in figures at least 2 inches
3 amending s. 509.101, F.S.; requiring operators of 32 high and in contrasting colors from the background, the
4 public food service establishments who provide 33 operator’s public food service establishment license number.
5 commissary services to maintain a temporary commercial 34 Prior to providing commissary services, each public food service
6 kitchen registry; requiring temporary commercial 35 establishment must verify that the license number displayed on
7 kitchen operators to display license numbers; amending 36 the vehicle or kitchen matches the number on the vehicle or
8 s. 509.102, F.S.; defining the term “temporary 37 kitchen operator’s public food service establishment license.
9 commercial kitchen”; preempting regulation of 38 Section 2. Subsections (1), (2), and (3) of section
10 temporary commercial kitchens to the state; 39 509.102, Florida Statutes, are amended to read:
11 authorizing mobile food dispensing vehicles and 40 509.102 Mobile food dispensing vehicles; temporary
12 temporary commercial kitchens in specified locations 41 commercial kitchens; preemption.—
13 to operate during certain hours; providing 42 (1)(a) As used in this section, the term “mobile food
14 construction; providing an effective date. 43 dispensing vehicle” means any vehicle that is a public food
15 44 service establishment and that is self-propelled or otherwise
16 Be It Enacted by the Legislature of the State of Florida: 45 movable from place to place and includes self-contained
17 46 utilities, including, but not limited to, gas, water,
18 Section 1. Subsection (3) of section 509.101, Florida 47 electricity, or liquid waste disposal.
19 Statutes, is amended to read: 48 (b) As used in this section, the term “temporary commercial
20 509.101 Establishment rules; posting of notice; food 49 kitchen” means any kitchen that is a public food service
21 service inspection report; maintenance of guest register; mobile 50 establishment, used for the preparation of takeout or delivery-
22 food dispensing vehicle registry.— 51 only meals housed in portable structures that are movable from
23 (3) It is the duty of each operator of a public food 52 place to place by a tow or are self-propelled or otherwise axle-
24 service establishment that provides commissary services to 53 mounted, that include self-contained utilities, including, but
25 maintain a daily registry verifying that each mobile food 54 not limited to, gas, water, electricity, or liquid waste
26 dispensing vehicle or temporary commercial kitchen that receives 55 disposal. Such kitchens are subject to all provisions of this
27 such services is properly licensed by the division. In order 56 chapter except as may be provided herein. The term does not
28 that such licensure may be readily verified, each mobile food 57 include a tent.
29 dispensing vehicle operator or temporary commercial kitchen 58 (2)(a) Regulation of mobile food dispensing vehicles, and
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 CS for SB 752
580-02343-23 2023752c1
59 temporary commercial kitchens, involving licenses,
60 registrations, permits, and fees is preempted to the state. A
61 municipality, county, or other local governmental entity may not
62 require a separate license, registration, or permit other than
63 the license required under s. 509.241, or require the payment of
64 any license, registration, or permit fee other than the fee
65 required under s. 509.251, as a condition for the operation of a
66 mobile food dispensing vehicle or temporary commercial kitchen
67 within the entity’s jurisdiction. A municipality, county, or
68 other local governmental entity may not prohibit mobile food
69 dispensing vehicles or temporary commercial kitchens from
70 operating within the entirety of the entity’s jurisdiction.
71 (b) Any mobile food dispensing vehicle or temporary
72 commercial kitchen that is operated on the same premises as and
73 by a separately licensed public food service establishment may
74 operate during the same hours of operation as the separately
75 licensed public food service establishment that operates such
76 mobile food dispensing vehicle or temporary commercial kitchen.
77 (3) This section may not be construed to affect a
78 municipality, county, or other local governmental entity’s
79 authority to regulate the operation of mobile food dispensing
80 vehicles or temporary commercial kitchens other than the
81 regulations described in subsection (2).
82 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
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 770
INTRODUCER: Committee on Commerce and Tourism and Senator Bradley
SUBJECT: Residential Loan Alternative Agreements
DATE: March 28, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Favorable
2. Renner McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 770 regulates residential loan alternative agreements for the disposition of residential real
property. Under the bill, a “residential loan alternative agreement” means “a signed writing
between a person and a seller or owner of residential real property that grants an exclusive right
to a person to act as a broker; has an effective duration, inclusive of renewals, of more than 2
years; and requires the person to pay monetary compensation to the seller or owner.”
The bill prohibits a residential loan alternative agreement from authorizing a person to place a
lien or otherwise encumber any residential real property. Nor can a residential loan alternative
agreement constitute a lien, an encumbrance, or a security interest in the residential real property.
Under the bill, a residential loan alternative agreement may not be enforced by a lien or
constructive trust in the residential real property or upon the proceeds of the disposition (sale) of
the residential real property.
The bill provides that a residential loan alternative agreement may not be assigned and becomes
void if the listing services do not begin within 90 days after the execution of the agreement by
both parties. The bill provides that, as a matter of public policy, a residential loan alternative
agreement that does not meet these requirements is unenforceable in law or equity and may not
be recorded by the clerk of the circuit court.
BILL: CS/SB 770 Page 2
Additionally, the bill provides that a violation of the requirements in the bill is an unfair or
deceptive trade practice within the meaning of the Florida Deceptive and Unfair Trade Practices
Act (FDUTPA), and the violator is subject to the penalties and remedies provided by FDUTPA.
The bill takes effect July 1, 2023.
II. Present Situation:
Regulation of Real Estate Professionals
Real estate brokers1 and broker associates2 (real estate professionals) are regulated by the Florida
Real Estate Commission (commission) within the Department of Business and Professional
Regulation (DBPR) under part I of ch. 475, F.S. The Division of Real Estate within the DBPR
performs the administrative services for the commission, including recordkeeping services,
examination services, legal services, and investigative services.3
Fiduciary Relationship
Real estate brokers are in a relationship with the buyer or seller for whom they act as an agent.
The duties of a broker as a fiduciary are loyalty, confidentiality, obedience, full disclosure and
accounting, and the duty to use skill, care, and diligence.4
The listing agreement between the buyer or seller of real estate and a broker must be disclosed in
writing in the listing agreement or other documents.5
Listing Agreements
In an exclusive listing agreement such as the standard agreement offer by Florida Realtors, the
seller authorizes the listing broker to sell the property and to offer cooperation to other agents,
but the seller reserves the right to sell the property herself or himself. 6
Disciplinary Provisions
If the commission finds that a licensee, registrant, permittee, or applicant, has violated any of the
disciplinary grounds in ss. 455.227, 475.25, and 475.42, F.S., the commission may:
Deny an application for licensure, registration, or permit, or renewal thereof;
Place a licensee, registrant, or permittee on probation;
Suspend a license, registration, or permit for a period not exceeding 10 years;
Revoke a license, registration, or permit;
Impose an administrative fine not to exceed $5,000 for each count or separate offense;
1
See s. 475.01(1)(a), F.S., defining the term “broker.”
2
See s. 475.01(1)(b), F.S., defining the term “broker associate.”
3
Section 475.021, F.S.
4
See s. 475.278, F.S., providing the requirements for an authorized brokerage relationship in residential sales, and
s. 475.01(1)(f), F.S., defining the term “fiduciary.”
5
Section 475.278, F.S.
6
Florida Realtors is a trade association for Florida’s real estate brokers. Members of the trade association have access to a
variety of forms for use in the real estate brokerage practice. See Florida Realtors, Form Descriptions, available at
https://www.floridarealtors.org/tools-research/form-descriptions (last visited Mar. 24, 2023).
BILL: CS/SB 770 Page 3
Issue a reprimand; and
Do any or all of the foregoing actions.7
In relevant part, grounds for discipline of a real estate professional may include:
Making deceptive, untrue, or fraudulent representations in or related to the practice of a
profession or employing a trick or scheme in or related to the practice of a profession;8
Advertising property or services in a manner that is fraudulent, false, deceptive, or
misleading in form or content;9 and
Disseminating or causing to be disseminated by any means any false or misleading
information for the purpose of offering for sale, or for the purpose of causing or inducing any
other person to purchase, lease, or rent, real estate located in Florida or for the purpose of
causing or inducing any other person to acquire an interest in the title to real estate located in
Florida.10
Florida Deceptive and Unfair Practices Act
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA or act)11 addresses issues of
consumer protection, unfair methods of competition, and unconscionable, deceptive, and unfair
trade practices.12 Violations of the act are enforced by the office of the state attorney if a
violation occurs in or affects the judicial circuit under the office’s jurisdiction. The Department
of Legal Affairs is the enforcement authority if the violation occurs in or affects more than one
judicial circuit or if the office of the state attorney defers to the department in writing, or fails to
act upon a violation within 90 days after a written complaint has been filed with the state
attorney.13
The enforcing authority may seek a declaratory judgment to determine whether an act or practice
violates FDUTPA, file an action to enjoin any person who has violated, is violating, or is
otherwise likely to violate the act, or take legal action on behalf of one or more consumers or
governmental entities for the actual damages caused by an act or practice in violation of the act. 14
The FDUTPA provides for a civil penalty of no more than $10,000 for willful violations. The
enforcing authority is also entitled to reasonable attorney’s fees and costs if civil penalties are
assessed in any litigation.15
MV Realty Case
The Florida Attorney General has filed a complaint for injunctive and monetary relief against
Florida-based real estate brokerage firm (MV Realty) and its principals for deceptive, unfair and
7
Section 475.25(1), F.S.
8
Section 455.227(1)(m), F.S.
9
Section 475.25(1)(c), F.S.
10
Section 475.42(1)(n), F.S.
11
Part II of ch. 501, F.S.
12
See s. 501.202, F.S.
13
Section 501.203(2), F.S.
14
Section 501.207(1), F.S.
15
Section 501.2075, F.S.
BILL: CS/SB 770 Page 4
unconscionable business practices under the FDUTPA.16 The Attorney General alleges that the
practices of MV Realty “result in homeowners signing away home equity for a paltry upfront
payment.”17 The defendants allegedly offer homeowners $300 to $5,000 as a cash loan
alternative in exchange for an agreement to use the MV Realty as an exclusive listing broker.
After accepting the payment, MV Realty files a 40-year lien on the property that requires
homeowners to pay 3 percent of the value of the home to MV Realty, regardless of whether the
company provides any real estate listing services.
The Attorney General also alleges that MV Realty and the other defendants have violated the
Telemarketing Sales Rule18 by bombarding prospective consumers, including consumers who
have registered under the national Do-Not-Call registry, with unwanted telemarketing calls and
by using phone numbers that deceptively simulate local calls.19
III. Effect of Proposed Changes:
The bill creates s. 475.279, F.S., to regulate residential loan alternative agreements.
The bill defines the term “residential loan alternative agreement” as a signed writing between a
person and a seller or owner of residential real property that:
Grants an exclusive right to a person to act as a broker;
Has an effective duration, inclusive of renewals, of more than 2 years; and
Requires the person to pay monetary compensation to the seller or owner.
The bill defines the term “disposition” to mean “a transfer or voluntary conveyance of the title or
other ownership interest in residential real estate.” It also defines the term “residential real
property” to mean “improved residential property of four units or fewer or unimproved
residential real property intended for four units or fewer.”
The bill prohibits a residential loan alternative agreement from authorizing a person to place a
lien or otherwise encumber any residential real property. Nor can a residential loan alternative
agreement constitute a lien, an encumbrance, or a security interest in the residential real property.
Under the bill, a residential loan alternative agreement may not be enforced by a lien or
constructive trust in the residential real property or upon the proceeds of the disposition (sale) of
the residential real property.
16
Office of Attorney General v. MV Realty, et al, case no. 22-CA-009958 (Fla. 13th Jud. Cir. 2022). A copy of the civil
complaint for injunctive and other relief is available at http://myfloridalegal.com/webfiles.nsf/WF/CPAL-
CLMSK3/$file/Web+Link.pdf (last visited Mar. 24, 2023).
17
Office of Attorney General Ashley Moody, Attorney General Moody Takes Legal Action Against MV Realty for Swindling
Florida Homeowners (Nov. 29, 2022), available at
https://www.myfloridalegal.com/newsrel.nsf/newsreleases/E9E4A2F7281415CE85258909007259EC?Open& (last visited
Mar. 24, 2023).
18
The Telemarketing Sales Rule, 16 C.F.R s. 310, et seq., is a rule of the Federal Trade Commission (FTC) which requires
telemarketers to make specific disclosures of material information; prohibits misrepresentations; sets limits on the times
telemarketers may call consumers; prohibits calls to a consumer who has asked not to be called again; and sets payment
restrictions for the sale of certain goods and services. See FTC, Telemarketing Sales Rule, available at
https://www.ftc.gov/legal-library/browse/rules/telemarketing-sales-rule (last visited Mar. 24, 2023).
19
Supra note 17.
BILL: CS/SB 770 Page 5
The bill provides that a residential loan alternative agreement may not be assigned and becomes
void if the listing services do not begin within 90 days after the execution of the agreement by
both parties. The bill provides that, as a matter of public policy, a listing agreement or an option
to enter into a listing agreement that does not meet these requirements is unenforceable in law or
equity and may not be recorded by the clerk of the circuit court.
Additionally, the bill deems a violation of s. 475.279, F.S., to be an unfair or deceptive trade
practice within the meaning of FDUTPA, and provides that a person who violates this section is
subject to the penalties and remedies provided FDUTPA.
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.
BILL: CS/SB 770 Page 6
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 475.279 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 27, 2023:
The amendment regulates residential loan alternative agreements, rather than the option
to enter into a listing agreement as provided in the current bill.
The amendment defines a residential loan alternative agreement as a signed writing
between a person and a seller or owner of a residential property that.
Grants an exclusive right to a person to act as a broker;
Has an effective duration, inclusive of renewals, of more than 2 years; and
Requires the person to pay monetary compensation to the seller or owner.
The amendment provides that a residential loan alternative agreement may not be
assigned and becomes void if the listing services do not begin within 90 days after the
execution of the agreement by both parties.
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 770 Bill No. SB 770
Ì559776bÎ559776 Ì559776bÎ559776
LEGISLATIVE ACTION 11 of the title or other ownership interest in residential real
Senate . House 12 property.
Comm: RCS . 13 (b) “Residential loan alternative agreement” means a signed
03/27/2023 . 14 writing between a person and a seller or owner of residential
. 15 real property which:
. 16 1. Grants an exclusive right to a person to act as a broker
. 17 for the disposition of the property;
18 2. Has an effective duration, inclusive of renewals, of
19 more than 2 years; and
20 3. Requires the person to pay monetary compensation to the
21 seller or owner.
22 (c) “Residential real property” means improved residential
23 real property of four units or fewer or unimproved residential
24 real property intended for four units or fewer.
25 (2) A residential loan alternative agreement may not
The Committee on Commerce and Tourism (Bradley) recommended the 26 authorize a person to place a lien or otherwise encumber any
following: 27 residential real property. A residential loan alternative
28 agreement may not constitute a lien, an encumbrance, or a
1 Senate Amendment (with title amendment) 29 security interest in the residential real property. A court may
2 30 not enforce a residential loan alternative agreement by a lien
3 Delete everything after the enacting clause 31 or constructive trust in the residential real property or upon
4 and insert: 32 the proceeds of the disposition of the residential real
5 Section 1. Section 475.279, Florida Statutes, is created to 33 property.
6 read: 34 (3) A residential loan alternative agreement may not be
7 475.279 Residential loan alternative agreements for the 35 assigned.
8 disposition of residential real property.— 36 (4) A residential loan alternative agreement is void if
9 (1) As used in this section, the term: 37 listing services do not begin within 90 days after the execution
10 (a) “Disposition” means a transfer or voluntary conveyance 38 of the agreement by both parties.
39 (5) As a matter of public policy, a residential loan
Page 1 of 3 Page 2 of 3
3/23/2023 12:53:17 PM 577-02902-23 3/23/2023 12:53:17 PM 577-02902-23
Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 770
Ì559776bÎ559776
40 alternative agreement that does not meet the requirements of
41 this section is unenforceable in law or equity. In addition, a
42 residential loan alternative agreement may not be recorded by
43 the clerk of the circuit court.
44 (6) A violation of this section is deemed an unfair or
45 deceptive trade practice within the meaning of part II of
46 chapter 501, and a person who violates this section is subject
47 to the penalties and remedies provided therein.
48 Section 2. This act shall take effect July 1, 2023.
49
50 ================= T I T L E A M E N D M E N T ================
51 And the title is amended as follows:
52 Delete everything before the enacting clause
53 and insert:
54 A bill to be entitled
55 An act relating to residential loan alternative
56 agreements; creating s. 475.279, F.S.; defining terms;
57 specifying restrictions on residential loan
58 alternative agreements for the disposition of
59 residential real property; prohibiting a court from
60 enforcing such agreements by certain means; providing
61 that such agreements are void if listing services do
62 not begin within a certain timeframe; providing
63 construction; prohibiting the clerk of the circuit
64 court from recording such agreements; providing that
65 violations are unfair or deceptive trade practices;
66 specifying penalties and remedies; providing an
67 effective date.
Page 3 of 3
3/23/2023 12:53:17 PM 577-02902-23
Florida Senate - 2023 SB 770 Florida Senate - 2023 SB 770
By Senator Bradley
6-00472C-23 2023770__ 6-00472C-23 2023770__
1 A bill to be entitled 30 (c) “Residential real property” means improved residential
2 An act relating to residential real estate listing 31 property of four units or fewer or unimproved residential real
3 agreements; creating s. 475.279, F.S.; defining terms; 32 property intended for four units or fewer.
4 specifying a limitation on the term of an option to 33 (2) An option to enter into a listing agreement for the
5 enter into a listing agreement for the disposition of 34 disposition of residential real property may not exceed a term
6 residential real property; prohibiting a court from 35 of 6 months.
7 enforcing an option to enter into a listing agreement 36 (3) An option to enter into a listing agreement may not
8 by certain means; requiring notice and a written 37 constitute a lien, encumbrance, or security interest in the
9 agreement of the residential property owner before a 38 residential real property. A court may not enforce an option to
10 broker may assign the option to enter into a listing 39 enter into a listing agreement by a lien or constructive trust
11 agreement to another broker; providing construction; 40 in the residential real property or upon the proceeds of the
12 providing penalties for violations; providing an 41 disposition of the residential real property.
13 effective date. 42 (4) An option to enter into a listing agreement must
14 43 require notice and written agreement of the residential property
15 Be It Enacted by the Legislature of the State of Florida: 44 owner before the broker may assign the option to enter into a
16 45 listing agreement to another broker.
17 Section 1. Section 475.279, Florida Statutes, is created to 46 (5) As a matter of public policy, a listing agreement or an
18 read: 47 option to enter into a listing agreement that does not meet the
19 475.279 Option to enter into a listing agreement for the 48 requirements of this section is unenforceable in law or equity
20 disposition of residential real property.— 49 and may not be recorded by the clerk of the circuit court.
21 (1) As used in this section, the term: 50 (6) A violation of this section is deemed an unfair or
22 (a) “Disposition” means a transfer or voluntary conveyance 51 deceptive trade practice within the meaning of part II of
23 of the title or other ownership interest in residential real 52 chapter 501, and a person who violates this section is subject
24 estate. 53 to the penalties and remedies provided therein.
25 (b) “Option to enter into a listing agreement” means a 54 Section 2. This act shall take effect July 1, 2023.
26 signed writing wherein a broker pays valuable consideration to a
27 person granting the broker an exclusive right to enter into a
28 listing agreement with the person at a future date during the
29 term of the signed writing.
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
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3127t23 APPEARANCE RECORD 770
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The Florida Senate
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1458
INTRODUCER: Commerce and Tourism Committee and Senator Yarborough
SUBJECT: Roller Skating Rink Safety
DATE: March 28, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Fav/CS
2. JU
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1458 creates s. 768.395, F.S., which provides that roller skating rink operators will not be
liable to a roller skater or spectator for any damages or personal injuries resulting from the
inherent risks of roller skating if certain requirements are met by the operator, which include:
signage to be posted on the premises, requiring a roller skating rink supervisor or manager for
every 200 skaters and the maintenance, safety, and lighting of the roller skating rink itself.
The bill does not limit the liability of any roller skating rink operator for acts of gross negligence
by the operator or their employees.
The bill also provides that a roller skater assumes the inherent risks of skating at a roller skating
rink. While skating at a rink, roller skaters must maintain control and awareness, obey signage,
and refrain from acting in a manner that may cause or contribute to their own personal injury or
the personal injury of another.
Failure by a roller skating rink operator to perform their specified duties and responsibilities
constitutes negligence, and failure by a roller skater to perform their specified duties and
responsibilities constitutes negligence.
The bill takes effect July 1, 2023.
BILL: CS/SB 1458 Page 2
II. Present Situation:
Roller Skating Rinks
There are less than 50 roller skating rinks in Florida that are mostly owned by individual owners
and operators.1 These small business owners are currently faced with raised costs associated with
real estate prices, insurance premiums, and even obtaining insurance coverage.2
Currently eleven other states have dedicated roller skating statutes including Alabama, Georgia,
Illinois, Indiana, Maine, Michigan, New Jersey, North Carolina, Ohio, South Carolina, and
Texas.
Premises Liability
Premises liability refers to the duty of an individual or entity that owns or controls real property
to reasonably operate and maintain such property for the safety of those who enter or remain on
the property. Unlike ordinary negligence, which is based upon active negligence, a premises
liability claim is based upon passive negligence; that is, a premises liability claim stems from the
tortfeasor’s failure to act to prevent harm to the injured party and not from any affirmative
actions of the tortfeasor.3
Skating rinks are currently susceptible to such premise liability claims. Other common premises
liability claims include slip and fall accidents, dog bites, trip or misstep accidents, and swimming
pool accidents. As to an invitee, a landowner or possessor is liable if he/she/it:
Negligently failed to maintain the premises in a reasonably safe condition;
Negligently failed to correct a dangerous condition about which the defendant either knew or
should have known, by the use of reasonable care; or
Negligently failed to warn the claimant of a dangerous condition about which the defendant
had, or should have had, knowledge greater than that of claimant, and if so, such negligence
was a legal cause of loss, injury, or damage.4
A premises liability claim may also involve negligent security allegations, in which a person
injured by a third party’s criminal acts (that is, a third party’s intentional tort) on another’s
property attempts to hold the property owner liable for failing to provide adequate security
measures on the property. To prevail on a negligent security claim, the plaintiff must prove that
the:
Plaintiff was lawfully present on the defendant’s property;5
1
Florida Roller Skating Rinks, Skating Fitness, https://www.skatingfitness.com/Roller-Locator-Florida.htm (last visited
March 24, 2023).
2
Kimberly Miller, Palm Beach County’s last roller skating rink closing its doors, with years of memories, Palm Beach Post,
https://www.palmbeachpost.com/story/business/2022/08/18/roller-skating-rink-palm-beach-county-close-under-new-
owner/10333462002/ (last visited March 24, 2023).
3
Nicholson v. Stonybrook Apts., LLC, 154 So.3d 490 (Fla. 4th DCA 2015).
4
Fla. Std. Jury Instr. 401.20 Issues on Plaintiff’s Claim — Premises Liability.
5
The only duty a property owner owes to an undiscovered trespasser is to refrain from causing intentional harm, while the
only duty he or she owes to a known trespasser is to refrain from committing gross negligence or intentional harm and to
warn of known dangers that are not readily observable. Nicholson, 154 So.3d at 492.
BILL: CS/SB 1458 Page 3
Defendant had a duty to provide adequate security on the property but breached such duty;6
Plaintiff was injured because of a third party’s criminal act, which act was reasonably
foreseeable to the defendant and would not have occurred but for the defendant’s breach;7
and
Plaintiff incurred actual damages.8
Florida Has Addressed Inherently Risky Behavior Before
As skateboarding and inline skating gained in popularity in Florida, citizens called for an
increase in public skate parks and other facilities. Local government officials, however, declined
to create these parks and set-aside areas out of concern for liability exposure. The 1999
Legislature addressed these concerns by providing immunity from liability for governmental
entities that set aside areas for skateboarding, inline skating, and freestyle bicycling. 9
Today, s. 316.0085, F.S., addresses, and considers as inherently risky, the activities of
skateboarding, inline skating, paintball, and freestyle, mountain, and off-road bicycling.10
According to the statute, a governmental entity, which may include a federal, state, or local
governmental entity, authorizes or permits a person to engage in these inherently risky activities
by posting a sign designating an area for a specific activity.11 The governmental entity is
generally immune from liability for damages or injuries to a person 17 years of age or older as a
result of participating in an inherently risky activity. However, for a participant who is younger
than 17 years of age, the governmental entity has the benefit of this limited liability only if it
obtains the written consent of a parent of the child.12
Although existing law provides significant liability protections to governmental entities, a
governmental entity can be held liable for damages or injuries if it:
6
Generally, a property owner has no duty to protect another person from criminal acts committed by third parties on his or
her property, but such a duty may arise where a special relationship exists between the property owner and the victim or
between the property owner and the third party such that the property owner has a duty to control the third party’s conduct.
Special relationships recognized by Florida courts include landlord-tenant, hotel-guest, employer-employee, proprietor-
patron, and school-student; all involve a person who has entered upon the property of another and in so doing lost a measure
of control in providing for his or her own protection. See, Stevens v. Jefferson, 436 So.2d 33 (Fla. 1983); K.M. ex rel. D.M. v.
Publix Super Markets, Inc., 895 So.2d 1114 (Fla. 4th DCA 2005); Gross v. Fam. Servs. Agency, Inc., 716 So.2d 337 (Fla. 4th
DCA 1998); Salerno v. Hart Fin. Corp., 521 So.2d 234 (Fla. 4th DCA 1988); Restatement 2d Torts s. 315; Frederic S.
Zinober, Litigating the Negligent Security Case: Who’s In Control Here?, 44 Stetson L. Rev. 289 (2015).
7
Generally, a negligent person is not liable for the damages suffered by another when some separate force or action is an
intervening cause of the harm, but where the intervening cause is foreseeable, the original negligent actor may still be held
liable. Thus, a negligent security claim’s success often hinges on the foreseeability of the crime committed, as property
owners are not expected to prevent all possible crimes which may occur on their property. Whether or not a crime was
foreseeable is a question of fact, but evidence of foreseeability may include the crime rate in the premises’ immediate area,
whether similar crimes have previously been committed on the premises, and the nature of the property itself (in other words,
is the property of a type that is likely to attract crime). Stevens, 436 So.2d at 34-35; Gibson v. Avis Rent-A-Car System, Inc.,
386 So.2d 520 (Fla. 1980); Williams v. Office of Sec. & Intelligence, Inc., 509 So.2d 1282 (Fla. 3d DCA 1987).
8
Globe Sec. Systems Co. v. Mayor’s Jewelers, Inc., 458 So.2d 828 (Fla. 3d DCA 1984).
9
Chapter 99-133, L.O.F., expressly recognizes “that governmental owners or lessees of property have failed to make
property available for [skateboarding, inline skating, and freestyle bicycling] because of the exposure to liability from
lawsuits and the prohibitive cost of insurance, if insurance can be obtained for such activities.”
10
Section 316.0085(2)(b), F.S.
11
Section 316.0085(2)(a) and (3), F.S.
12
Section 316.0085(3), F.S.
BILL: CS/SB 1458 Page 4
Fails to warn of a dangerous condition which a participant cannot reasonably be expected to
notice; or
Commits gross negligence that is the proximate cause of a participant’s injury.13
Additionally, s. 316.0085, F.S., does not limit the liability of individuals who are negligent while
participating in an inherently dangerous activity. A participant is negligent if he or she fails to:
Act within the limits of his or her ability and the purpose and design of the equipment used;
Remain in control of his or her equipment and himself or herself; or
Refrain from acting in a way that may cause or contribute to death or injury of himself or
herself or others.14
Assumption of Inherent Risks
A person is ordinarily liable for their torts committed. However, liability can be avoided through
the tort law concept, assumption of risk. Assumption of risk is a concept that can reduce or
eliminate the amount that a plaintiff is entitled to recover.15 There are two primary ways that
assumption of risk can be established, through informed participation (implied) or through verbal
or written contractual assumption of risk agreements (express).
Where the plaintiff’s conduct is properly characterized as implied assumption of the risk, the
plaintiff’s conduct must be evaluated by the jury under the principles of comparative
negligence.16 For express assumption of risk to be valid, either by contract or by voluntary
participation in an activity, it must be clear that the plaintiff understood that plaintiff was
assuming the particular conduct by which the defendant caused the plaintiff’s injury.17
A minor ordinarily is liable for personal torts directly committed by the minor that are not
connected with and do not arise out of contracts,18 and likewise, a mentally incompetent person
is ordinarily responsible for his or her own torts.19
Waiver of Claims on Behalf of Minor Children
Section 744.301(3), F.S., authorizes natural guardians,20 on behalf of any of their minor children,
to waive and release, in advance, any claim or cause of action against a commercial activity
13
Section 316.0085(5), F.S.
14
Section 316.0085(7)(b), F.S.
15
Gorday v. Faris, 523 So. 2d 1215 (Fla. 1st DCA 1988); Hall v. Holton, 330 So. 2d 81 (Fla. 2d DCA 1976); Parker v.
Maule Industries, Inc., 321 So. 2d 106 (Fla. 1st DCA 1975), decision approved, 348 So. 2d 287 (Fla. 1977); Rea v.
Leadership Housing, Inc., 312 So. 2d 818 (Fla. 4th DCA 1975), decision approved, 348 So. 2d 287 (Fla. 1977).
16
38 Fla. Jur 2d Negligence § 118.
17
38 Fla. Jur 2d Negligence § 110.
18
Fla. Jur. 2d, Family Law § 549.
19
Fla. Jur. 2d, Incompetent and Incapacitated Persons § 47.
20
The parents jointly are the natural guardians of their own children and of their adopted children, during minority, unless the
parents’ parental rights have been terminated. If a child is the subject of any proceeding under chapter 39, the parents may act
as natural guardians under this section unless the court division with jurisdiction over guardianship matters finds that it is not
in the child’s best interests. If one parent dies, the surviving parent remains the sole natural guardian even if he or she
remarries. If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom sole
parental responsibility has been granted, or if the parents have been granted shared parental responsibility, both continue as
natural guardians. If the marriage is dissolved and neither parent is given parental responsibility for the child, neither may act
BILL: CS/SB 1458 Page 5
provider, or its owners, affiliates, employees, or agents, which would accrue to a minor child for
personal injury, including death, and property damage resulting from an inherent risk21 in the
activity. If a waiver or release complies with all of the requirements under s. 744.301, F.S., there
is a rebuttable presumption that the waiver or release is valid, and a claimant must demonstrate
by a preponderance of the evidence that the waiver or release does not comply with s. 744.301,
F.S.
III. Effect of Proposed Changes:
Requirements for Skating Rink Operators
The bill limits liability for skating rink operators unless they fail to meet certain requirements:
Conspicuously post in at least three areas on the premises, the responsibilities of roller
skaters and spectators under subsections 5 and 6;
Maintain the stability and legibility of all signs, symbols, and posted notices;
Have at least one roller skating rink supervisor or manager on duty for every 200 skaters
when the roller skating rink is open for business;
Maintain the skating surface in a reasonably safe condition and clean and inspect the skating
surface before each skating session;
Ensure that all coverings on risers are securely fastened in roller skating rinks with step-up or
step-down skating surfaces;
Install and regularly inspect fire extinguishers;
Inspect emergency lights at least quarterly to ensure the lights are in proper working order;
Keep exit lights and service area lights on when skating surface lights are turned off during a
skating session;
Inspect and maintain in good mechanical condition roller skating equipment that the operator
leases or rents to roller skaters;
Comply with all applicable state and local safety codes; and
Take reasonable action to correct a dangerous condition that is known or reasonably should
have been known.
Failure to perform these specified duties and responsibilities constitutes negligence. An operator
is liable for personal injuries or damages caused by an act of gross negligence by the operator or
his or her employees.
as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child and is entitled
to primary residential care and custody of the child unless the court enters an order stating otherwise. See 744.301(1), F.S.
21
The term “inherent risk” means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or
an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably
prudent manner. The term includes, but is not limited to: (1) The failure by the activity provider to warn the natural guardian
or minor child of an inherent risk; and (2) The risk that the minor child or another participant in the activity may act in a
negligent or intentional manner and contribute to the injury or death of the minor child. A participant does not include the
activity provider or its owners, affiliates, employees, or agents. See s. 744.301(3)(a), F.S.
BILL: CS/SB 1458 Page 6
Requirements for Roller Skater or Spectator
The bill creates an assumption of the risk for roller skaters and spectators at a roller skating rink.
Operators will not be responsible to roller skaters or spectators for the inherent risks associated
with roller skating. Roller skaters and spectators will be deemed to be negligent if they do not
meet the following requirements:
Maintain reasonable control of his or her speed and direction of travel at all time;
Heed all posted signs and warnings;
Maintain a proper awareness to avoid other roller skaters and objects;
Accept responsibility for knowing the range of their own abilities to negotiate the intended
direction of travel while roller skating and to skate within the limits of that ability; and
Refrain from acting in a manner that may cause or contribute to his or her own personal
injury or the personal injury of another person.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None identified.
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:
This bill could potentially limit lawsuits against roller skating rinks.
C. Government Sector Impact:
None.
BILL: CS/SB 1458 Page 7
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 768.395 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 Committee on March 27, 2023:
The committee substitute provides that in order to be covered by the limitation on
liability, a roller skating rink operator must take reasonable action to correct a dangerous
condition that is known or reasonably should have been known.
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 1458 Bill No. SB 1458
Ì897286XÎ897286 Ì903660ÈÎ903660
LEGISLATIVE ACTION LEGISLATIVE ACTION
Senate . House Senate . House
Comm: WD . Comm: RCS .
03/24/2023 . 03/27/2023 .
. .
. .
. .
The Committee on Commerce and Tourism (Yarborough) recommended The Committee on Commerce and Tourism (Yarborough) recommended
the following: the following:
1 Senate Amendment 1 Senate Amendment
2 2
3 Delete line 69 3 Between lines 89 and 90
4 and insert: 4 insert:
5 (c) Have at least one roller skating rink supervisor or 5 (l) Take reasonable action to correct a dangerous condition
6 that is known or reasonably should have been known.
Page 1 of 1 Page 1 of 1
3/24/2023 8:44:57 AM CM.CM.02995 3/24/2023 11:20:28 AM 577-02980-23
Florida Senate - 2023 SB 1458 Florida Senate - 2023 SB 1458
By Senator Yarborough
4-00716A-23 20231458__ 4-00716A-23 20231458__
1 A bill to be entitled 30 skating rinks face great difficulty in obtaining liability
2 An act relating to roller skating rink safety; 31 insurance coverage at an affordable cost and that the lack of
3 creating s. 768.395, F.S.; providing legislative 32 affordable insurance coverage affects not only owners of roller
4 findings; defining terms; providing that an operator 33 skating rinks, but also persons who may suffer personal injuries
5 of a roller skating rink is not liable for damages or 34 or property damages as a result of accidents that occur on the
6 personal injury resulting from inherent risks of 35 premises of a roller skating rink. In order to make it more
7 roller skating; providing exceptions; providing that 36 economically feasible for insurance companies to provide
8 certain persons assume the inherent risk of roller 37 coverage to roller skating rinks at an affordable rate to the
9 skating; providing that an operator is not required to 38 owners, occurrences resulting in liability to owners should be
10 eliminate, alter, or control the inherent risks in 39 more predictable by limiting the liability that may be incurred
11 roller skating; establishing the responsibilities of 40 by the owners and encouraging the development and implementation
12 roller skaters; providing that failure to take certain 41 of risk reduction techniques. This section shall be liberally
13 actions or comply with certain responsibilities 42 construed to carry out the purposes of this section.
14 constitutes negligence; providing an effective date. 43 (3) As used in this section, the term:
15 44 (a) “Inherent risk” means those dangers or conditions that
16 Be It Enacted by the Legislature of the State of Florida: 45 are characteristic of, intrinsic to, or an integral part of the
17 46 activity of roller skating.
18 Section 1. Section 768.395, Florida Statutes, is created to 47 (b) “Operator” means a person or entity that owns, manages,
19 read: 48 controls, directs, or has operational responsibility for a
20 768.395 Roller skating rink safety.— 49 roller skating rink.
21 (1) This section may be cited as the “Roller Skating Rink 50 (c) “Roller skater” means a person who participates in the
22 Safety Act.” 51 activity of roller skating while in a roller skating rink.
23 (2)(a) The Legislature finds that the recreational activity 52 (d) “Roller skating rink” means a building, facility, or
24 of roller skating is practiced by a large number of residents of 53 premises that provides an area specifically designed to be used
25 the state, roller skating is a wholesome and healthy family 54 for roller skating.
26 activity that should be encouraged, and the allocation of risks 55 (e) “Spectator” means a person in a roller skating rink
27 and costs of roller skating is an important matter of public 56 whose participation is limited to observing the activity of
28 policy. 57 roller skating.
29 (b) The Legislature further finds that owners of roller 58 (4) An operator is not liable to a roller skater or
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 1458 Florida Senate - 2023 SB 1458
4-00716A-23 20231458__ 4-00716A-23 20231458__
59 spectator for any damages or personal injury resulting from the 88 (k) Comply with all applicable state and local safety
60 inherent risks of roller skating. 89 codes.
61 (5) This section does not limit liability that would 90 (6)(a) A roller skater or spectator at a roller skating
62 otherwise exist if the operator fails to: 91 rink assumes the inherent risks in the activity of roller
63 (a) Conspicuously post in at least three areas on the 92 skating irrespective of age, and is legally responsible for all
64 premises, the responsibilities of roller skaters and spectators 93 damages and injury to himself or herself or other persons or
65 under subsection (6) and the duties of the operator under this 94 property which result from this activity. An operator is not
66 subsection. 95 required to eliminate, alter, or control the inherent risks in
67 (b) Maintain the stability and legibility of all signs, 96 this activity.
68 symbols, and posted notices required by this section. 97 (b) While engaging in the activity of roller skating at a
69 (c) Have as least one roller skating rink supervisor or 98 roller skating rink, a roller skater must:
70 manager on duty for every 200 skaters when the roller skating 99 1. Maintain reasonable control of his or her speed and
71 rink is open for business. 100 direction of travel at all times.
72 (d) Maintain the skating surface in a reasonably safe 101 2. Heed all posted signs and warnings.
73 condition and clean and inspect the skating surface before each 102 3. Maintain a proper awareness to avoid other roller
74 skating session. 103 skaters and objects.
75 (e) Maintain in good condition the railings, kickboards, 104 4. Accept the responsibility for knowing the range of his
76 and walls surrounding the skating surface. 105 or her own ability to negotiate the intended direction of travel
77 (f) Ensure that all coverings on risers are securely 106 while roller skating and to skate within the limits of that
78 fastened in roller skating rinks with step-up or step-down 107 ability.
79 skating surfaces. 108 5. Refrain from acting in a manner that may cause or
80 (g) Install and regularly inspect fire extinguishers. 109 contribute to his or her own personal injury or the personal
81 (h) Inspect emergency lights at least quarterly to ensure 110 injury of another person.
82 the lights are in proper working order. 111 (7)(a) This section does not limit the liability of an
83 (i) Keep exit lights and service area lights on when 112 operator for personal injuries or damages caused by an act of
84 skating surface lights are turned off during a skating session. 113 gross negligence by the operator or his or her employees.
85 (j) Inspect and maintain in good mechanical condition 114 (b) Failure of an operator to take the actions described in
86 roller skating equipment that the operator leases or rents to 115 subsection (5) or a roller skater to comply with paragraph
87 roller skaters. 116 (6)(b) constitutes negligence.
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 1458
4-00716A-23 20231458__
117 Section 2. This act shall take effect July 1, 2023.
Page 5 of 5
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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 442
INTRODUCER: Senators Gruters and Hooper
SUBJECT: Secondhand Dealers
DATE: March 24, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Favorable
2. JU
3. RC
I. Summary:
SB 442 amends the definition of “secondhand goods” to exclude money; gold bullion, silver
bullion, platinum bullion, palladium bullion, or rhodium bullion if such bullion has been assayed
and is properly marked as to its weight and fineness. The bill removes coins from the list of
items which are expressly excluded from the definition of “secondhand goods.”
The bill takes effect July 1, 2023.
II. Present Situation:
Chapter 538, F.S., regulates secondhand dealers and secondary metal recyclers in the trade of
secondhand goods. A secondhand dealer is defined as any person, corporation, or other business
organization or entity that is not a secondary metals recycler and is engaged in the business of
purchasing, consigning, or trading secondhand goods. The term also includes a secondhand
dealer engaged in purchasing secondhand goods by means of an automated kiosk.1
Secondhand goods are previously owned or used personal property that is purchased, consigned,
or traded as used property. The term also includes gift certificates and credit memos2 which are
purchased, consigned, or traded by a secondhand dealer. Secondhand goods do not include office
furniture, pianos, books, clothing, organs, coins, motor vehicles, costume jewelry, cardio and
strength training or conditioning equipment designed primarily for indoor use, and secondhand
sports equipment that is not permanently labeled with a serial number.3
1
Section 538.03(1)(h), F.S.
2
Section 501.95, F.S., defines “credit memo” as a certificate, card, stored value card, or similar instrument issued in
exchange for returned merchandise when the certificate, card, or similar instrument is redeemable for merchandise, food, or
services regardless of whether any cash may be paid to the owner of the certificate, card, or instrument as part of the
redemption transaction.
3
Section 538.03(1)(i), F.S.
BILL: SB 442 Page 2
A secondhand dealer must annually register his or her business with the Department of
Revenue.4
Upon each acquisition of secondhand goods, a secondhand dealer must complete a transaction
form that details the goods purchased and the seller’s identity. The secondhand dealer must
retain this document for at least three years and forward a copy to the appropriate law
enforcement agency within 24 hours after the acquisition of the secondhand goods.5 In addition
to the descriptive statements of the secondhand goods and the seller’s identity, the transaction
record must also include:
A statement of the date, time, and place of the transaction;
A summary of the goods acquired, including brand name, model number, serial number, and
other unique identifiers;
Digital photographs of the goods acquired in the report that is submitted to law enforcement;
and
A description of the person from whom the goods were acquired, including his or her right
thumbprint, name and address, and a physical description.6
Secondhand dealers are required to hold all secondhand goods for at least 15 days after they
acquire the property. However, secondhand dealers are required to hold a precious metal,7
gemstone, jewelry; antique furnishings, fixtures, or decorative objects; or an item of art as
defined in s. 686.501, F.S.,8 within 30 days after they acquire the property.9 Additionally, a
secondhand good must be held for 30 days if the secondhand dealer uses an automated kiosk.10
If a law enforcement officer has probable cause to believe that the goods held by a secondhand
dealer are stolen, the officer may place a 90-day written hold order on the goods. This prevents
the secondhand dealer from selling the goods and preserves them for use as evidence in a
criminal trial.11 Additionally, this allows for the possibility of the goods to be returned to their
rightful owner.
4
Section 538.09, F.S.
5
Section 538.04(1), F.S.
6
Id.
7
Section 538.03(1)(f), F.S., defines “precious metals” as any item containing any gold, silver, or platinum, or any
combination thereof, excluding any chemical or any automotive, photographic, electrical, medical, or dental materials or
electronic parts.
8
Section 686.501, F.S., defines “art” as a painting, sculpture, drawing, work of graphic art, pottery, weaving, batik, macramé,
quilt, print, photograph, or craft work executed in materials including, but not limited to, clay, textile, paper, fiber, wood, tile,
metal, plastic, or glass. The term includes a rare map which is offered as a limited edition or a map 80 years old or older; or a
rare document or rare print which includes, a print, engraving, etching, woodcut, lithograph, or serigraph which is offered as
a limited edition, or one 80 years old or older.
9
Section 538.06(1), F.S.
10
Section 538.03(1)(c), F.S., defines an “automated kiosk” as an interactive device that is permanently installed within a
secure retail space and that has the following technological functions: remotely monitored by a live representative during all
business hours; verification of a seller’s identity by government-issued photographic identification card; automated reading
and recording of item serial numbers; ability to compare item serial numbers against databases of stolen items; secure storage
of goods accepted by the kiosk; and capture and storage of images during the transaction.
11
Section 538.06(3), F.S.
BILL: SB 442 Page 3
Law enforcement agencies with jurisdiction enforce compliance with registration, record
keeping, holding periods, and inspection requirements.12 A person who knowingly violates the
requirements governing secondhand dealers in ch. 538, F.S., commits a first degree
misdemeanor, punishable by up to 1 year in jail and a $10,000 fine.13
Methods for Return of Stolen Goods held by a Secondhand Dealer
A victim of a theft may recover his or her goods, or their value, through one of three methods:
A victim may purchase his or her items back from the secondhand dealer, and then file a civil
action against the thief for reimbursement of the cost expended.
A court may order restitution or return of the goods to the secondhand dealer or victim of the
crime.14 If the court orders return of the goods or restitution to the victim, the court must also
order restitution to the secondhand dealer from the person who sold the goods to the
secondhand dealer.15
A victim may file a civil action for replevin against the secondhand dealer.16
Replevin is an action for the repossession of personal property that was wrongfully taken or
detained by the defendant, where the plaintiff secures a bond for and holds the property until the
court decides the rightful owner.17 Petitions for replevin must contain the following information:
Proof of ownership or right of possession of the property in question and a description of the
property;
A description of how, to the best of plaintiff’s knowledge, the property was wrongfully taken
by the defendant; and
A statement that the property was not taken under any legal basis such as execution, tax, or
fine.18
In an action for replevin, a court is required to award the prevailing party attorney fees and costs.
When the petitioner is the prevailing party, the court may also order payment of the filing and
service fees.19
Victims of theft and prevailing plaintiffs in an action for replevin are entitled to damages for loss
of use, which are limited to no more than the value of the property before it was taken or
damaged.20
The plaintiff is also entitled to the summary procedure provided in s. 51.011, F.S.
12
Section 538.05, F.S.
13
Section 538.07(1), F.S.
14
Section 538.07(2), F.S.
15
Section 538.06(4), F.S.
16
Section 538.08, F.S.
17
BLACK’S LAW DICTIONARY (10th ed. 2014) (defining the term “replevin”); see also, ch. 78, F.S., “Replevin.”
18
Sections 78.055 and 538.08, F.S.
19
Section 538.08(2), F.S. Otherwise, the filing and services fees are waived.
20
Foresight Enterprises, Inc. v. Leisure Time Properties, Inc., 466 So.2d 283, 286 (Fla. 5th DCA 1985).
BILL: SB 442 Page 4
A secondhand dealer commits a noncriminal violation, punishable by a fine of up to $2,500 if the
following occurs:
An owner or lienor makes a written demand for return of the property and provides proof of
ownership or proof of the right of possession to the secondhand dealer at least five days
before filing a replevin action;
The secondhand dealer knows or should have known based on the proof provided above, the
property belongs to the owner or lienor;
The secondhand dealer fails to return the property and does not file an action for
interpleader21 to determine conflicting claims to the property; and
The owner or lienor prevails in the replevin action against the secondhand dealer.22
III. Effect of Proposed Changes:
The bill amends s. 538.03, F.S., to revise the definition of “secondhand goods” to exclude
money; gold bullion, silver bullion, platinum bullion, palladium bullion, or rhodium bullion if
such bullion has been assayed and is properly marked as to its weight and fineness. The bill
removes coins from the list of items which are expressly excluded from the definition of
“secondhand goods.”
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.
21
Generally, interpleader is suit to determine a right to property held by a disinterested third party (called a stakeholder) who
is in doubt about ownership and who therefore deposits the property with the court to permit interested parties to litigate
ownership. BLACK’S LAW DICTIONARY (10th ed. 2014) (defining the term “interpleader”).
22
Section 538.08(5), F.S.
BILL: SB 442 Page 5
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Secondhand dealers who purchase the types of buillon listed in the bill may see a cost
benefit because these items are expressly excluded from the definition of a secondhand
good and, therefore, are no longer required to be held for 30 days.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 538.03 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 442
By Senator Gruters
22-00372A-23 2023442__
1 A bill to be entitled
2 An act relating to secondhand dealers; amending s.
3 538.03, F.S.; revising the definition of “secondhand
4 goods” to exclude certain items; providing an
5 effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Paragraph (i) of subsection (1) of section
10 538.03, Florida Statutes, is amended to read:
11 538.03 Definitions; applicability.—
12 (1) As used in this part, the term:
13 (i) “Secondhand goods” means personal property previously
14 owned or used which is not regulated metals property regulated
15 under part II and which is purchased, consigned, or traded as
16 used property. The term includes gift certificates and credit
17 memos as defined in s. 501.95 which are purchased, consigned, or
18 traded by a secondhand dealer. The term does not include office
19 furniture;, pianos;, books;, clothing;, organs;, money; coins,
20 motor vehicles;, costume jewelry; gold bullion, silver bullion,
21 platinum bullion, palladium bullion, or rhodium bullion if such
22 bullion has been assayed and is properly marked as to its weight
23 and fineness;, cardio and strength training or conditioning
24 equipment designed primarily for indoor use;, and secondhand
25 sports equipment that is not permanently labeled with a serial
26 number. As used in this paragraph, the term “secondhand sports
27 equipment” does not include golf clubs.
28 Section 2. This act shall take effect July 1, 2023.
Page 1 of 1
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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 490
INTRODUCER: Commerce and Tourism Committee and Senator Jones
SUBJECT: Family and Household Members of Homicide Victims and Deceased Minors
DATE: March 28, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Fav/CS
2. CJ
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 490 amends s. 960.001 F.S., to require that during the investigation of the death of a
minor, the law enforcement agency that initiates or bears the primary responsibility for the
investigation must provide the minor’s next of kin with certain information relating to contact
information for the investigation, case number, list of minor’s personal effects found on or with
minor and information on how minor’s next of kin can obtain such personal effects, and
information regarding status of the investigation.
This information is exempt from being provided if doing so would jeopardize or otherwise
interfere with an active investigation.
The effective date of the bill is July 1, 2023.
BILL: CS/SB 490 Page 2
II. Present Situation:
Curtis’ Law
In 1997, 16-year-old Curtis Williamson was murdered in California.1 Afterwards, his mother,
Patricia Ward, had difficulty obtaining information related to the investigation of his death.2
Since then, his mother moved to Florida and began pushing for greater investigation information
access for parents of deceased minors.3 An organization, Curtis’s & Co for Children Gone to
Soon, Inc., was formed to advocate for law reform nationwide to mandate that certain
investigative and contact information be made available to surviving family members in certain
circumstances.4 The proposed law is called Curtis’ Law.5
In 2022, California passed SB 1268, a version of Curtis’ Law, which requires the law
enforcement agency that bears the primary responsibility for the investigation to provide a
deceased minor victim’s parent or guardian6 with the:7
Contact information of the primary law enforcement agency and the primary contact at
such agency,
Case number,
List of personal effects found with the minor and contact information to recover such
effects, unless doing so would interfere with an investigation,
Status of the investigation, at the discretion of the law enforcement agency.
Law enforcement is not required to provide any information that would jeopardize or otherwise
allow an individual to interfere with the ongoing investigation or any records generated pursuant
to their investigation for inspection by a victim’s family. Law enforcement agencies providing
information may require any family member receiving the information to confirm their identity
through a certified declaration.8
Family Members of Homicide Victims Leave Laws in Other States
There are a few states that have adopted leave laws for family and household members of
homicide victims. In California, an immediate family member of a victim who is deceased as the
direct result of certain crimes may take leave to participate in a related jury trial or judicial
1
Cole Heath, Action News Jax, Proposed Curtis Law would give families of murdered children information about their
child's case, Proposed Curtis Law would give families of murdered children information about their child's case – Action
News Jax (last visited March 24, 2023).
2
Justice 4 Curtis, Our Story, Our Story - Curtis's & Co for Children Gone to Soon (justice4curtis.org) (last visited March 24,
2023).
3
Action Jax News, supra note 42.
4
Justice 4 Curtis, supra note 43.
5
Justice 4 Curtis, Curtis Law, The Proposed Law - Curtis's & Co for Children Gone to Soon (justice4curtis.org) (last visited
March 24, 2023).
6
Or immediate family if a parent or guardian cannot be located. “Immediate family” means the victim’s spouse, parent,
guardian, grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or
adoption.
7
Cal. Penal Code § 679.09.
8
Id.
BILL: CS/SB 490 Page 3
proceeding.9 There must be notice and proof that the employee was affected and needs this type
of leave.10
In 2021, Missouri signed the Victims’ Economic Security and Safety Act (VESSA) into law.11
Under VESSA, an employee receives leave if they or a family or household member is a victim
of any “crime of violence,” if the employer has 20 or more employees.12 For employers with 20-
49 employees, an employee has one week of leave, and for employers with 50 or more
employees, an employee receives two weeks of leave. The leave can be paid or unpaid.13 A
crime of violence includes: homicide, sex offenses, assault, offenses involving bodily harm,
harassment, armed violence, obscene communications, terrorism, and similar criminal actions. 14
The leave may be received intermittently or on a reduced work schedule.15 VESSA also gives
employment protection.16
Illinois adopted a law similar to VESSA.17 Victims of crimes of violence or who have family or
household members who are victims of such violence may take up to 12 weeks of unpaid leave
in any 12-month period to seek medical help, legal advice, counseling, safety precautions, and
other related activities.18
Household Members of Homicide Victims
An estimated 1 in 10 Americans will lose a loved one to homicide during their lifetime.19 In the
immediate aftermath of a homicide a family member may incur burial and funeral expenses,
possible economic or material hardships, and changes in family dynamics.20 Household members
of a homicide victim may need to attend funerals, ceremonies, court proceedings, and deal with
safety concerns. Currently, Florida law doesn’t address employment leave to cover such
activities for family and household members of homicide victims.
Investigation Materials
Section 960.001, F.S., provides a list of rights for victims and witnesses in the criminal justice
system. The Department of Legal Affairs, the state attorneys, the Department of Corrections, the
Department of Juvenile Justice, the Florida Commission on Offender Review, the State Courts
9
Cal. Labor Code § 230.
10
Id.
11
Missouri HR-417 Victims Economic Safety and Security Act Leave.
12
Id.
13
Id.
14
Id.
15
EPIC Brokers, Missouri Passes the Victims’ Economic Safety and Security Act (2021),
https://www.epicbrokers.com/insights/missouri-passes-victims-economic-safety-security-
act/#:~:text=On%20August%2028%2C%202021%2C%20Governor%20Mike%20Parson%20of,household%20member%20a
re%20victims%20of%20violence%20or%20abuse (last visited March 24, 2023).
16
Id.
17
820 Ill. Comp. Stat. 180/5.
18
Illinois Department of Labor, Victims’ Economic Security and Safety Act (VESSA), https://labor.illinois.gov/laws-
rules/conmed/vessa.html (last visited March 24, 2023).
19
Sara Bastomski, PhD & Marina Duane, MID, Research brief: Homicide Co-Victimization, Center for Victim Research
(2018), https://victimresearch.org/documents/hcv-research-brief-final.pdf.
20
Id.
BILL: CS/SB 490 Page 4
Administrator and circuit court administrators, the Department of Law Enforcement, and every
sheriff’s department, police department, or other law enforcement agency are required to develop
and implement guidelines for the use of their respective agencies to achieve the following
objectives.
Related to rights of a victim’s parent, guardian, or next of kin:
Law enforcement officers must distribute victim’s rights cards or brochures informing on
the right of the next of kin of a homicide victim to be informed, to be present, and to be
heard when relevant, at all crucial stages of a criminal or juvenile proceeding, to the
extent that this right does not interfere with the constitutional rights of the accused.21
In the case of a homicide, sexual offense, attempted murder or sexual offense, stalking, or
domestic violence, law enforcement officers or personnel of an organization that provides
assistance to the appropriate next of kin of the victim must request that the next of kin of
the victim complete a victim notification card, which provides a way of notification if a
defendant is released from custody.22
The chief administrator of a county jail, municipal jail, juvenile detention facility, or
residential commitment facility must make a reasonable attempt to notify the appropriate
next of kin or designated contact of a victim homicide, sexual offense, attempted murder
or sexual offense, stalking, or domestic violence before the defendant’s or offender’s
release from custody, if the victim notification card has been provided.23
The appropriate agency must provide notification of certain judicial and post judicial
proceedings to the parent or guardian of a minor victim and a relative of a homicide
victim.
o A victim’s parent or guardian if the victim is a minor, or a victim’s next of kin
may not be excluded from any portion of any proceeding, unless the court
determines such person’s presence to be prejudicial.24
The state attorney must consult the guardian or family of a victim of a felony involving
physical or emotional injury, trauma, or homicide, in order to obtain the views of the
victim or family about the disposition of any criminal or juvenile case brought as a result
of such crime.25
Upon request, the state attorney must allow the victim’s parent or guardian if the victim
is a minor, or the victim’s next of kin in the case of a homicide to review a copy of the
presentence investigation report before the sentencing hearing if one was completed.
o Any confidential information that pertains to medical history, mental health, or
substance abuse and any information that pertains to any other victim must be
redacted from the copy of the report.
o Any person who reviews the report pursuant to this paragraph must maintain the
confidentiality of the report and may not disclose its contents to any person
except statements made to the state attorney or the court.26
21
Section 960.001(1)(a)5., F.S.
22
Section 960.001(1)(b), F.S.
23
Section 960.001(1)(f), F.S.
24
Section 960.001(1)(e), F.S.
25
Section 960.001(1)(g)1., F.S.
26
Section 960.001(1)(g)2., F.S.
BILL: CS/SB 490 Page 5
The Department of Corrections must, upon request, notify the victim’s parent or guardian
if the victim is a minor, or the victim’s next of kin if the victim is a homicide victim if an
inmate has been approved for community work release.27
III. Effect of Proposed Changes:
The bill provides that the act may be cited as “Curtis’ Law.”
The bill amends s. 960.001, F.S., to require that, during the investigation of the death of a minor,
the law enforcement agency that initiates or bears the primary responsibility for the investigation
must provide the minor's next of kin with all of the following information:
The contact information for the primary contact, if known, for the particular
investigation, as well as the contact information for each law enforcement agency
involved in the investigation.
The case number for the investigation, if applicable.
A list of the minor's personal effects that were found on or with the minor and
information on how the minor's next of kin can collect such personal effects. A law
enforcement agency may withhold the information if providing the information would
jeopardize or otherwise interfere with an active investigation.
Information regarding the status of the investigation, at the discretion of the law
enforcement agency.
The law enforcement agency may not provide any of the above information if doing so would
jeopardize or otherwise interfere with an active investigation.
The law enforcement agency is not required to provide investigative records generated during its
investigation to a minor's next of kin for inspection.
The effective date of the bill is July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
27
Section 960.001(1)(g)3., F.S.
BILL: CS/SB 490 Page 6
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:
Indeterminate. The bill may require more local agencies to comply with information
requests by the next of kin of deceased minors.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Law enforcement agencies will need to create guidelines for transmitting certain investigative
information to a deceased child’s next of kin.
VIII. Statutes Affected:
This bill substantially amends section 960.001 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 Committee on March 27, 2023:
The committee substitute removes Section 2 from the bill which provided leave and work
accommodations for family or household members of homicide victims.
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
Bill No. SB 490
Ì811428,Î811428
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/27/2023 .
.
.
.
The Committee on Commerce and Tourism (Jones) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 28 - 87.
4
5 ================= T I T L E A M E N D M E N T ================
6 And the title is amended as follows:
7 Delete lines 2 - 18
8 and insert:
9 An act relating to investigations into the deaths of
10 minors; providing a short title;
Page 1 of 1
3/24/2023 10:06:13 AM 577-02984A-23
Florida Senate - 2023 SB 490 Florida Senate - 2023 SB 490
By Senator Jones
34-00725-23 2023490__ 34-00725-23 2023490__
1 A bill to be entitled 30 448.046 Leave and work accommodations for family or
2 An act relating to family and household members of 31 household members of homicide victims.—
3 homicide victims and deceased minors; providing a 32 (1) As used in this section, the term:
4 short title; creating s. 448.046, F.S.; defining 33 (a) “Employee” has the same meaning as in s. 440.02(15).
5 terms; requiring employers to authorize employees to 34 (b) “Employer” has the same meaning as in s. 440.02(16).
6 request and take up to a specified number of days of 35 (c) “Family or household member” has the same meaning as in
7 leave from work under certain circumstances; providing 36 s. 741.28.
8 requirements and purposes for such leave; providing 37 (d) “Homicide” means an unlawful act that causes the death
9 applicability; requiring employees to make a 38 of another person.
10 reasonable effort to provide employers with advance 39 (e) “Homicide victim” means a deceased person killed in a
11 notice of such leave; requiring employees to provide 40 homicide.
12 employers with specified documentation upon request; 41 (2)(a) An employer must authorize an employee to request
13 requiring employees to exhaust other leave options 42 and take up to 3 working days of leave from work in any 12-month
14 before taking specified leave; providing an exception; 43 period if a family or household member of the employee is a
15 requiring private employers to keep information 44 homicide victim during that period. This leave may be granted
16 relating to such leave confidential; prohibiting 45 with or without pay, at the discretion of the employer.
17 employers from engaging in specified actions under 46 (b) This section applies if an employee uses the leave from
18 certain circumstances; providing construction; 47 work to:
19 amending s. 960.001, F.S.; requiring law enforcement 48 1. Make funeral or burial arrangements for, or attend a
20 agencies to provide certain information during the 49 funeral or memorial service for, the homicide victim;
21 investigation of the death of a minor; providing an 50 2. Make the employee’s home secure from the perpetrator or
22 exception; providing construction; providing an 51 associates of the perpetrator of the homicide or to seek new
23 effective date. 52 housing to elude the perpetrator or associates of the
24 53 perpetrator; or
25 Be It Enacted by the Legislature of the State of Florida: 54 3. Meet in person with law enforcement personnel or the
26 55 state attorney’s office in the jurisdiction responsible for
27 Section 1. This act may be cited as “Curtis’ Law.” 56 investigating and prosecuting the homicide or to attend or
28 Section 2. Section 448.046, Florida Statutes, is created to 57 prepare for court or court-related proceedings arising from the
29 read: 58 homicide.
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 490 Florida Senate - 2023 SB 490
34-00725-23 2023490__ 34-00725-23 2023490__
59 (3) This section applies to an employer that employs 50 or 88 Section 3. Paragraph (v) is added to subsection (1) of
60 more employees and to an employee who has been employed by the 89 section 960.001, Florida Statutes, to read:
61 employer for 3 or more months. 90 960.001 Guidelines for fair treatment of victims and
62 (4)(a) An employee seeking leave under this section must 91 witnesses in the criminal justice and juvenile justice systems.—
63 make a reasonable effort, as practicable, to provide his or her 92 (1) The Department of Legal Affairs, the state attorneys,
64 employer with appropriate advance notice of the leave required 93 the Department of Corrections, the Department of Juvenile
65 by the employer’s policy, if any. Upon request of the employer, 94 Justice, the Florida Commission on Offender Review, the State
66 an employee must provide the employer with sufficient 95 Courts Administrator and circuit court administrators, the
67 documentation of the homicide. 96 Department of Law Enforcement, and every sheriff’s department,
68 (b) An employee seeking leave under this section must, 97 police department, or other law enforcement agency as defined in
69 before receiving such leave, exhaust all annual or vacation 98 s. 943.10(4) shall develop and implement guidelines for the use
70 leave, personal leave, and sick leave, if applicable, available 99 of their respective agencies, which guidelines are consistent
71 to the employee, unless the employer waives this requirement. 100 with the purposes of this act and s. 16(b), Art. I of the State
72 (c) A private employer must keep all information relating 101 Constitution and are designed to implement s. 16(b), Art. I of
73 to the employee’s leave under this section confidential. 102 the State Constitution and to achieve the following objectives:
74 (5)(a) An employer may not interfere with, restrain, or 103 (v) Information concerning an investigation into the death
75 deny the exercise of or any attempt by an employee to exercise 104 of a minor.—
76 any right provided under this section. 105 1. During the investigation of the death of a minor, the
77 (b) An employer may not discharge, demote, suspend, 106 law enforcement agency that initiates or bears the primary
78 retaliate, or in any other manner discriminate against an 107 responsibility for the investigation must provide the minor’s
79 employee for exercising his or her rights under this section. 108 next of kin with all of the following information:
80 (c) If the employee was not entitled to leave under this 109 a. The contact information for the primary contact, if
81 section, an employee has no greater rights to continued 110 known, for the particular investigation, as well as the contact
82 employment or to other benefits and conditions of employment. 111 information for each law enforcement agency involved in the
83 This section does not limit an employer’s right to discipline or 112 investigation.
84 terminate any employee for any reason, including, but not 113 b. The case number for the investigation, if applicable.
85 limited to, reductions in work force or termination for cause or 114 c. A list of the minor’s personal effects that were found
86 for no reason at all, other than exercising its rights under 115 on or with the minor and information on how the minor’s next of
87 this section. 116 kin can collect such personal effects.
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 490
34-00725-23 2023490__
117 d. Information regarding the status of the investigation,
118 at the discretion of the law enforcement agency.
119 2. A law enforcement agency may not provide any of the
120 information under this paragraph if doing so would jeopardize or
121 otherwise interfere with an active investigation.
122 3. This paragraph does not require a law enforcement agency
123 to provide investigative records generated during its
124 investigation to a minor’s next of kin for inspection.
125 Section 4. This act shall take effect July 1, 2023.
Page 5 of 5
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
APPEARANCE RECORD
ng Date orTopic
Deliver both copies of this form to
Senate professional staff conducting the meeting
l+r'a^ o+
Name Phone
Address Email
PU
St0te Zip
Speaking: ! ror ! Against I tnformation OR waive speaking: ffiurypn I ngainst
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without t am a registered lobbyist, I am not a lobbyist but received
compensation or sponsorship.
I representrng: something of value for my appearance
(travel, meals, lodging, etc.),
-
'r+ {an Ctncil i{on 6L&d
soonsored bv:
This form is part of the public record for this meeting. 5-00r (08/10/2021)
The Florida Senate
2
Meeting Date
APPEARANCE RECORD
Deliver both copies of this form to
S tt, ;h:r)
Bill Number orTopic
C ourr,,6)r\t, Senate professional staff conducting the meeting
ittee Amendment Barcode (if applicable)
Name
LJ, Phone ?t4 3.,
Address RTaY
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City State Zip
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PLEASE CHECK ONE OFTHE FOLLOWING:
lll {-am appearing without
4
lam a registered lobbyist, I am not a lobbyist, but received
7- compensation or sponsorship. representing: something ofvalue for my appearance
(travel, meals, lodging, etc.),
sponsored by:
This form is part of the public record for this meeting. S-Ogt (08/10/2021)
s9 \w
The Florida Senate
Date
1) APPEARANCE RECORD
Bill Number orTopic
Deliver both copies of this form to
Co Senate professional staff conducting the meeting
Name
Committee
e Phone >+v { ,33
Amendment Barcode (if applicable)
Address Email
Strcet
City State Zip
Speaking: ! ror ! Rgainst I tnformation OR waive Speakins: p ln Support ! Against
PLEASE CHECK ONE OFTHE FOLLOWING:
lam appearing without tam a registered lobbyist, I am not a lobbyist, but received
compensation or sponsorship.
[l representlng: something of.value for my appearance
(travel, meals, lodging, etc.),
Nl'\iq,,r c" {o' Sdct q,hJ t" sli.. soonsored by:
This form is part of the public record for this meeting. S-OO1 (08/10/2021)
The Florida Senate
frbrch &.?. 40,13 APPEARANCE RECORD S8 Y?C Bill Number orTopic
Meeting Date
Deliver both copies of this form to
( *o AI Senate professional staff conducting the meeting
"y Committee Amendment Barcode (if applicable)
Name ) Phone 3t6- -JR3-c- S)?
^
Address JDcD N S+"kg
5trcet
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rr4e- [ {u 3rJ l5
City State Zip
Speaking: I ror ! Against ! lnformation OR WaiveSpeaking: ,(lnSupport ! Against
PLEASE CHECK ONE OFTHE FOLLOWING:
lam appearing without I am a registered lobbyist, l\7lam not a lobbvist. but received
compensation or sponsorship. representing:
--t4, \something ot value tor my appearance
. (travel, meals, lodging, etc.),
sponsored by:
Cri.n* Survibrs 16- q- c<_
This form is part of the public record for this meeting. S-OO I (08/iO/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 492
INTRODUCER: Senator Jones
SUBJECT: Public Records/Requesting Specified Leave Relating to a Homicide
DATE: March 24, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Pre-meeting
2. CJ
3. AP
I. Summary:
SB 492, which is linked to the passage of SB 490, provides a public record exemption for
information pertaining to family or household members of homicide victims if they are
employees of an agency. The information that falls under this exemption is as follows:
Personal identifying information of an employee contained in the records documenting
a homicide that the employee provides the employer; and
An employee’s written request for leave under the section and the time sheet that
reflects the requested leave for at least 1 year after taking the leave.
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 490, relating to information pertaining
to family or household members of homicide victims, takes effect, if such legislation is adopted
in the same legislative session or an extension thereof and becomes law.
II. Present Situation:
Public Record Exemptions
Article I, s. 24(a) of the Florida Constitution establishes the state’s public policy for accessing
government records. This section guarantees that every person has the right to inspect or copy
any public record from the legislative, executive, and judicial branches of government. Authority
to grant exemptions from public records is vested solely to the Legislature. The Legislature, may
provide an exemption of records, from the requirements of art. I, s. 24(a) of the Florida
Constitution.1 A proposed exemption must pass by a two-thirds vote of each chamber, state with
1
Article I, s. 24(c), FLA. CONST.
BILL: SB 492 Page 2
specificity the public necessity to justify the exemption,2 and be no broader than necessary to
accomplish the public purpose.3
Public policy regarding access to government records is addressed further in s. 119.07(1), F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record,
unless the record is exempt. Public exemptions are subject to the Open Government Sunset
Review Act (Act)4 which provides that a public record or public meeting exemption may be
created5 or maintained only if it serves an identifiable public purpose. In addition, it may be no
broader than necessary to meet one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be
exempted under this provision.
Protect trade or business secrets.6
The Act requires the Legislature to review each public record exemption and each public
meeting exemption five years after enactment. If the Legislature does not reenact an exemption,
it will automatically repeal on October 2nd of the fifth year after enactment.
Linked Bill SB 490
SB 490, to which this bill is linked, requires certain employers with over 50 employees to grant 3
days of unpaid leave in any 12-month period to employees who have been employed for over 3
months if a member of their family or household was a victim of homicide. The leave must be
used to:
Make funeral or burial arrangements or attend a funeral or memorial service for a family
or household member who is a homicide victim;
Secure his or her home from the perpetrator, or his or her associates, of the homicide, or
seek new housing to escape;
Attend meetings in person with a representative from a law enforcement agency or the
state attorney’s office responsible for investigating or prosecuting the homicide; or
Attend or prepare for court or court-related proceedings arising from the homicide.
SB 490 defines “family or household member” as spouses, former spouses, persons related by
blood or marriage, persons residing together or have resided together in the past, or parents of a
child in common. With the exception of people who have a child in common, the family or
household members must have resided together in the past or were currently residing in the same
dwelling unit prior to the homicide.7
2
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3
Article I, s. 24(c), FLA. CONST.
4
Section 119.15, F.S.
5
An example of an exception to a public record exemption would be allowing another agency access to confidential and
exempt records.
6
Section 119.15(6)(b), F.S.
7
Section 741.28, F.S.
BILL: SB 492 Page 3
Before using this type of leave, all other leaves must be exhausted, and proper notice must be
given unless in imminent danger. All information given to a private employer is to remain
confidential.
III. Effect of Proposed Changes:
The bill provides a public record exemption for information pertaining to family or household
members of homicide victims who are employees of a Florida agency8 for the following
information:
Personal identifying information of an employee contained in the records documenting a
homicide that the employee provides the employer; and
An employee’s written request for leave under the section and the time sheet that reflects
the requested leave for at least 1 year after taking the leave.
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 it is a public necessity that the
personal identifying information, timesheet, and written request for leave held by employers for
employees who are requesting leave after a family or household member is the victim of a
homicide be confidential and exempt9 from public records requirements. Such employees are at a
heightened risk of physical and emotional harm from perpetrators of the homicide and the harm
that may result from the release of the employee's personal identifying information, timesheet,
and written request for leave outweighs any public benefit that may be derived from the
disclosure of such information.
As with all public exemptions, this exemption is subject to the Act in accordance with s. 119.15
and will be repealed on October 2nd of the fifth year unless reviewed and saved from repeal.
The bill takes effect on the same date that SB 490 is adopted and becomes law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not appear to require counties or municipalities to spend
funds or take action requiring the expenditure of funds; reduce the authority that counties
and municipalities have to raise revenues in the aggregate; or reduce the percentage of
state tax shared with counties and municipalities.
8
Section 741.313(7)(a),(b), F.S.
9
There is a difference between records the Legislature designates exempt from public record requirements and those the
Legislature deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under
certain circumstances. See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892
So.2d 1015 (Fla. 2004); City of Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola,
575 So.2d 683, 687 (Fla. 5th DCA 1991). If the Legislature designates a record as confidential and exempt from public
disclosure, such record may not be released by the custodian of public records, to anyone other than the persons or entities
specifically designated in statute. See Op. Att’y Gen. Fla. (1985).
BILL: SB 492 Page 4
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the
members present and voting for final passage of a newly created or expanded public
record or public meeting exemption. The bill creates a public record exemption; thus, it
requires a two-thirds vote for final passage.
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement
for a newly created or expanded public record or public meeting exemption. The bill
creates a public record exemption; thus, it includes a public necessity statement.
Breadth of Exemption
Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded
public record or public meeting exemption to be no broader than necessary to accomplish
the stated purpose of the law. The bill creates a public records exemption for sensitive
investigative materials and personal information, which does not appear to be broader
than necessary to accomplish its purpose.
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.
BILL: SB 492 Page 5
VI. Technical Deficiencies:
Line 54 of the bill references a SB but does not include the senate bill number. The reference
should be to SB 490, the companion bill to SB 492.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends 448.046 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
Bill No. SB 492
Ì9790443Î979044
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
The Committee on Commerce and Tourism (Jones) recommended the
following:
1 Senate Amendment
2
3 Delete lines 53 - 54
4 and insert:
5 Section 3. This act shall take effect on the same date that
6 SB 490 or similar legislation takes effect, if such legislation
Page 1 of 1
3/23/2023 4:28:58 PM CM.CM.02991
Florida Senate - 2023 SB 492 Florida Senate - 2023 SB 492
By Senator Jones
34-01423-23 2023492__ 34-01423-23 2023492__
1 A bill to be entitled 30 on October 2, 2028, unless reviewed and saved from repeal
2 An act relating to public records; amending s. 31 through reenactment by the Legislature.
3 448.046, F.S.; providing a public records exemption 32 Section 2. The Legislature finds that it is a public
4 for certain personal identifying information, records, 33 necessity to make confidential and exempt from public records
5 and time sheets submitted to an agency by an employee 34 requirements the personal identifying information contained in
6 requesting specified leave relating to a homicide; 35 records that document a homicide and that are submitted to an
7 providing for future legislative review and repeal of 36 agency by an agency employee requesting specified leave. Such
8 the exemption; providing a statement of public 37 information, if publicly available, could expose the employee to
9 necessity; providing a contingent effective date. 38 safety risks, public humiliation, or shame and could inhibit the
10 39 employee from availing himself or herself of the relief provided
11 Be It Enacted by the Legislature of the State of Florida: 40 under s. 448.046, Florida Statutes. In addition, the Legislature
12 41 further finds that it is a public necessity to make confidential
13 Section 1. Paragraph (d) is added to subsection (4) of 42 and exempt from public records requirements an agency employee’s
14 section 448.046, Florida Statutes, as created by SB ___ or 43 written request for leave, and any time sheets reflecting such
15 similar legislation, to read: 44 request, until 1 year after the leave has been taken. If that
16 448.046 Leave and work accommodations for family or 45 information were publicly available, it could be used by the
17 household members of homicide victims.— 46 person who committed the homicide, or the associates of such
18 (4) 47 person, to determine the schedule and location of the employee
19 (d)1. The following information obtained by an agency as 48 whose family or household member was a homicide victim. The
20 defined in s. 119.011 from an agency employee requesting leave 49 employee’s request for leave is exempt from disclosure only
21 pursuant to this section is confidential and exempt from s. 50 temporarily, and such record is available 1 year or more after
22 119.07(1) and s. 24(a), Art. I of the State Constitution: 51 the leave has been taken, thereby providing continued public
23 a. Personal identifying information contained in any 52 oversight of public moneys.
24 records documenting a homicide; and 53 Section 3. This act shall take effect on the same date that
25 b. For a period of 1 year after the date the employee 54 SB ___ or similar legislation takes effect, if such legislation
26 returns to work from such leave, the employee’s written request 55 is adopted in the same legislative session or an extension
27 for leave and any time sheets that reflect such request. 56 thereof and becomes a law.
28 2. This paragraph is subject to the Open Government Sunset
29 Review Act in accordance with s. 119.15 and shall stand repealed
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 626
INTRODUCER: Regulated Industries Committee and Senator DiCeglie
SUBJECT: Broadband Internet Service Providers
DATE: March 24, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Schrader Imhof RI Fav/CS
2. Renner McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 626 amends s. 425.04, F.S., regarding the powers of rural electric cooperatives, to
specify that such cooperatives have the power to engage in the provision of broadband
service. The bill also creates a new s. 364.391, F.S., which requires that if a cooperative
engages in the provision of broadband service:
All poles owned by that cooperative are subject to pole attachment regulation by the
Public Service Commission (PSC) under 366.04(8), F.S., as if the cooperative was a
public utility; and
The PSC may access the books and records of the cooperative for the limited purpose of
exercising its pole regulatory authority. Such records would be subject to the same
confidentiality protection procedures as other records utilized in PSC proceedings.
The bill also provides that the rural electric cooperative pole attachment regulatory authority
established pursuant to the bill may not be construed to impair the contract rights of a party
to a valid rural electric cooperative pole attachment agreement in existence before July 1,
2023.
The bill has an effective date of July 1, 2023.
BILL: CS/SB 626 Page 2
II. Present Situation:
History of Rural Electric Cooperatives
Rural electric cooperatives are electric utilities that are owned by their consumer members.
These private companies are generally nonprofit, with their principal purpose being to deliver
electrical service to their members. Rural electric cooperatives are mostly located in rural
areas where, at least historically, the return on investment for building or installing electrical
infrastructure was not enough for investor-owned utilities to want to service them.1
Historically, rural homes, farms, and businesses were some of the last places to electrify in
the United States (U.S.). By the mid-1930’s, 90 percent of U.S. urban homes were
electrified,2 however, the opposite was true in rural areas—only one out of 10 rural homes
had electric service.3 This lack of electrical service deeply limited economic development in
rural areas of the country. Despite this impact, the costs to electrify most rural areas were
usually prohibitive and often thought not economically feasible.4 In the limited areas where
rural electric power was available, often the prices paid by such consumers were far higher
than those paid by their urban counterparts.
In 1935, Executive Order 7037, issued by President Franklin Roosevelt, created the Rural
Electrification Administration (REA). One year later, Congress passed the Rural
Electrification Act (Pub. L. 74–605), codifying the REA and creating a loan program to
encourage the growth of rural electrification. Even with these available federal loans,
established investor-owned utilities did not have much interest in building rural systems.
However, there was significant interest from farmer-based electric cooperatives.5 By 1939,
with assistance from REA funds, 413 rural electric cooperatives had been established in the
U.S.,6 and by 1950, 80 percent of U.S. farms had electric service.7
During a reorganization of the United States Department of Agriculture (USDA) in 1994, the
REA was replaced with the Rural Utilities Service, which still exists today. 8 According to the
National Rural Electric Cooperative Association (NRECA), now over 99 percent of U.S.
farms have electrical service.9 Rural electric cooperatives continue to be the most prevalent
way for consumers in rural areas to obtain electrical service.10
1
University of Wisconsin Center for Cooperatives, Research on the Economic Impact of Cooperatives, available at
https://reic.uwcc.wisc.edu/electric/ (last visited Mar. 24, 2023).
2
Id.
3
National Rural Electric Cooperative Association, History, available at https://www.electric.coop/our-organization/history
(last visited Mar. 24, 2023).
4
United States Department of Agriculture, Celebrating the 80th Anniversary of the Rural Electrification Administration, Feb.
21, 2017, available at https://www.usda.gov/media/blog/2016/05/20/celebrating-80th-anniversary-rural-electrification-
administration (last visited March 24, 2023).
5
National Rural Electric Cooperative Association, History, supra note 3.
6
University of Wisconsin Center for Cooperatives, supra note 1.
7
Celebrating the 80th Anniversary of the Rural Electrification Administration, supra note 4.
8
University of Wisconsin Center for Cooperatives, supra note 1.
9
National Rural Electric Cooperative Association, History, supra note 3.
10
United States Energy Information Administration, Today in Energy: August 15, 2019, available at
https://www.eia.gov/todayinenergy/detail.php?id=40913 (last visited March 24, 2023).
BILL: CS/SB 626 Page 3
Issues with Electrifying Rural Areas
The issues with electrifying rural areas of the U.S. have generally stemmed from lack of
population density and unique consumer demographics. One issue initially was the voltage of
distribution systems. The low voltage distribution systems used in urban areas would
experience significant and unacceptable voltage drop between the necessary distance runs
needed in rural areas. This problem was overcome by using a higher voltage distribution
network.11 The second issue, which is still present today, is the very different customer base
rural electric cooperatives service versus the rest of the electricity industry.
As of 2019, rural electric cooperatives averaged 7.98 customers per mile of line, as compared
with 32.4 customers per mile of line for the rest of the electricity industry. In addition, while
rural electric cooperatives have ownership of 42 percent of U.S. electricity distribution lines,
their electricity sales only represent 12 percent of the nation’s overall sales. Rural electric
cooperatives have a different customer mix as well. For rural electric cooperatives, 53
percent of their customers are residential, with the remainder being commercial, industrial,
and transportation customers—which generally have much higher energy consumption. For
the U.S. electric industry at-large, the percentage of residential customers is 38 percent.12
These factors lead to rural electric cooperatives receiving significantly less revenue per dollar
of capital investment in distribution. Rural electric cooperatives’ average revenue per mile of
distribution line is $19,135 (versus $79,298 for the rest of the electricity industry) and their
cost of distribution plant per customer is $4,219 (versus $3,698).13 Thus, on a per customer
basis, the distribution of electric power in rural areas is higher versus the rest of the industry.
Rural Electric Cooperatives in Florida
In 1937, the REA drafted the Electric Cooperative Corporation Act as a model state law for
states to adopt for the forming and operating of rural electric cooperatives. Florida’s first
distribution electric cooperatives were formed that same year.14 At that time, much of
Florida’s geographic territory lacked electrical service due to, like most of the U.S., the lack
of enough economic development to make providing service worthwhile for existing electric
companies.
At present, Florida has 18 rural electric cooperatives, with 16 of these cooperatives being
distribution cooperatives and two being generation and transmission cooperatives. These
cooperatives are represented by the Florida Electric Cooperative Association (FECA).15
These cooperatives operate in 57 of Florida’s 67 counties and have more than 2.7 million
11
University of Wisconsin Center for Cooperatives, supra note 1.
12
National Rural Electric Cooperative Association, Fact Sheet: February 2021, available at
https://www.cooperative.com/programs-services/bts/documents/data/electric-co-op-fact-sheet-update-february-2021.pdf (last
visited Mar. 24, 2023).
13
Id.
14
Seminole Electric Cooperative, Empowering our Community, available at https://www.seminole-electric.com/ (last visited
Mar. 24, 2023).
15
Florida Electric Cooperative Association, Members, available at https://feca.com/members/ (last visited Mar 24, 2023).
BILL: CS/SB 626 Page 4
customers.16 Much like other areas of the U.S., Florida rural electric cooperatives serve a
large percentage of area, but have a low customer density. Specifically, Florida cooperatives
serve approximately 10 percent of Florida’s total electric utility customers, but their service
territory covers 60 percent of Florida’s total land mass. Each cooperative is governed by a
board of cooperative members elected by the cooperative’s membership.17
Florida Public Service Commission
The Florida Public Service Commission (PSC) is an arm of the legislative branch of
government.18 The role of the PSC is to ensure Florida’s consumers receive utility services,
including electric, natural gas, telephone, water, and wastewater, in a safe, affordable, and
reliable manner.19 In order to do so, the PSC exercises authority over public utilities in one or
more of the following areas: rate base or economic regulation; competitive market oversight;
and monitoring of safety, reliability, and service issues.20
The PSC monitors the safety and reliability of the electric power grid21 and may order the
addition or repair of infrastructure as necessary.22 The PSC has broad jurisdiction over the
rates and service of investor-owned electric utilities.23 However, the PSC does not fully
regulate municipal electric utilities (utilities owned or operated on behalf of a municipality)
or rural electric cooperatives. The PSC does have jurisdiction over these types of utilities
with regard to rate structure, territorial boundaries, bulk power supply operations, and
planning.24 Municipally owned utility rates and revenues are regulated by their respective
local governments. Rates and revenues for a cooperative utility are regulated by their
governing body elected by the cooperative’s membership.
Under ch. 364, F.S., telecommunications carriers in Florida are also subject to only limited
PSC regulation. During the 2011 legislative session, the “Regulatory Reform Act” (Act) was
passed and signed into law by the Governor, effective July 1, 2011.25 Under the Act, the
Legislature eliminated most of the PSC’s jurisdiction over telecommunications. However, the
PSC still:
Maintains the authority to ensure that incumbent local exchange carriers meet their
obligation to provide unbundled access, interconnection, and resale to competitive local
exchange companies in a nondiscriminatory manner;
Administers the system to provide Telecommunications Relay Services; and
16
Florida Electric Cooperative Association, Our History, available at https://feca.com/our-history/ (last visited Mar 24,
2023).
17
Id.
18
Section 350.001, F.S.
19
See Florida Public Service Commission, Florida Public Service Commission Homepage, available at
http://www.psc.state.fl.us (last visited Mar 24, 2023).
20
Florida Public Service Commission, About the PSC, available at https://www.psc.state.fl.us/about (last visited Mar 24,
2023).
21
Section 366.04(5) and (6), F.S.
22
Section 366.05(1) and (8), F.S.
23
Section 366.05, F.S.
24
Florida Public Service Commission, About the PSC, supra note 20.
25
Ch. 2011-36, Laws of Florida.
BILL: CS/SB 626 Page 5
Oversees the Federal Lifeline Assistance program for Florida.26
Regulatory Assessment Fees
The PSC collects Regulatory Assessment Fees (RAFs) from all of the utilities under its
jurisdiction. RAFs, license fees, other fees, and any other charges collected by the PSC are
credited to the Florida Public Service Regulatory Trust Fund (Trust Fund).27 Florida law
generally directs the PSC to manage its trust fund in such a manner that each industry funds
its own regulation.28 While the PSC’s budget is set annually by the Legislature, as approved
by the Governor, Florida general revenue funds are not used to support the PSC’s regulatory
activities.
Rates for RAFs are set by PSC rule, subject to maximum rates established by statute. RAFs
are charged as a percentage of gross operating revenues derived from intrastate business,
subject to certain exclusions. Chart 1 below provides the current RAFs for Florida utilities,
by industry.
26
Florida Public Service Commission, About the PSC, supra note 20.
27
Section 350.113, F.S.
28
Specifically:
Section 364.336(2) and (3), F.S., requires the PSC to reduce the RAFs for telecommunications industry after the
Regulatory Reform Act of 2011 to reflect the PSC’s reduced regulatory oversight of that industry;
Section 367.145(3), F.S., requires that RAFs collected pursuant to the water and wastewater RAF collection
authorization may only be used to cover the cost of regulating water and wastewater systems. Also, fees collected under
the electricity utility industry, gas utility industry, and telecommunications industry RAF collection authorizations may
not be used to pay for the cost of water and wastewater regulation.
Section 368.109, F.S., states that the RAFs set by the PSC for the natural gas transmission (i.e. natural gas pipeline)
industry must, to the extent practicable, be related to the cost of regulating that industry.
BILL: CS/SB 626 Page 6
Chart 1: Regulatory Assessment Fees by Florida Utility Industry
Utility Type Current RAF Statutory Maximum
29
Investor-owned Gas Utilities 0.5% 0.5%30
31
Municipal Gas Utilities 0.1919% 0.25%32
Natural Gas Transmission 0.25%33 0.25%34
Telecommunications 0.16%35 0.25%36
Companies
Water and Wastewater 4.5%37 4.5%38
Utilities
Investor-owned Electric 0.072%39 0.125%40
Utilities
Municipal Electric Utilities 0.015625%41 0.015625%42
and Rural Electric
Cooperatives
By a significant margin, municipal electric utilities and rural electric cooperatives have the
lowest RAF rates of all Florida utilities (the next closest is investor-owned electric utilities,
with RAF rates over 4.5 times that of municipal electric utilities and rural electric
cooperatives). These rates reflect the comparatively lower regulatory costs the PSC incurs in
regulating these types of utilities due, in large part, to the PSC having limited jurisdiction
over them.
Certificates of Authority
Section 364.33, F.S., specifies that a person may not provide telecommunications services to
the public without either a certificate of authority or a certificate of necessity. As part of the
Regulatory Reform Act, the PSC was directed to stop issuing certificates of authority after
July 1, 2011; however, existing certificates remain valid. Certificates of authority may be
transferred to said holder’s parent company, an affiliate, or another person holding a
certificate of necessity or authority (or such entity’s parent company or an affiliate) without
prior approval of the PSC by giving written notice of the transfer to the PSC within 60 days
after the completion of the transfer. Under s. 364.33, F.S., companies offering traditional
wireline telephone service must obtain a certificate of authority from the PSC before
providing service to the public. However, for companies offering other communications
29
Fla. Admin. Code R. 25-7.0131, (2013).
30
Section 366.14, F.S.
31
Fla. Admin. Code R. 25-7.0131, (2013).
32
Section 366.14, F.S.
33
Fla. Admin. Code R. 25-7.101, (2013).
34
Section 368.109, F.S.
35
Fla. Admin. Code R. 25-4.0161, (2011).
36
Section 364.336, F.S.
37
Fla. Admin. Code R. 25-30.120, (2013).
38
Section 367.145, F.S.
39
Fla. Admin. Code R. 25-6.0131, (2013).
40
Section 366.14, F.S.
41
Fla. Admin. Code R. 25-6.0131, (2013).
42
Section 366.14, F.S.
BILL: CS/SB 626 Page 7
services such as broadband, cable, or wireless services, a certificate is optional if that
company does not offer such traditional wireline service. This is because such services are
exempt from PSC jurisdiction under s. 364.011, F.S.
Section 364.335, F.S., provides the application requirements for a certificate of authority. An
applicant must provide all of the following:
Their official name and, if different, any name under which the applicant will do
business;
The street address of their principal place of business;
Their federal employer identification number or the Department of State’s document
number;
The name, address, and telephone number of an officer, partner, owner, member, or
manager as a contact person to whom questions or concerns may be addressed; and
Information demonstrating their managerial, technical, and financial ability to provide
telecommunications service, including an attestation to the accuracy of the information
provided.
The PSC must grant the certificate upon the applicant demonstrating they have the sufficient
technical, financial, and managerial capability to provide such service in the geographic area
proposed to be served.
Regulation of Pole Attachments
Utility poles were first deployed in the U.S. in 1844 to extend telegraph service. While they
are an over 175 year old technology, utility poles continue to provide the scaffolding for the
technology of the twenty-first century. In the mid-nineteenth and early twentieth centuries,
many states adopted laws granting rights-of-way (ROW) to construct utility poles, wires, and
facilities to transmit electricity and communications signals. First telegraph, then telephone,
electricity, cable, wireless, and Internet service providers have sought to attach facilities to
wooden, and later steel or composite, utility poles.43
The term “pole attachment” refers to the process by which communications companies
colocate communications infrastructure on existing electric utility poles. Colocation reduces
the number of poles that must be built to accommodate utility services, thereby reducing
costs to users of both services by allowing providers to share costs. Rules governing pole
attachments seek to balance the desire to maximize value for users of both electric and
communications services with concerns unique to electric utility poles, such as safety and
reliability.44 The space requested for a pole attachment is typically one foot.45
43
Catherine J.K. Sandoval, Contested Places, Utility Pole Spaces: A Competition and Safety Framework for Analyzing
Utility Pole Association Rules, Roles, and Risks, 69 Cath. U. L. Rev. 473, 474–75 (2020), available at
https://scholarship.law.edu/cgi/viewcontent.cgi?article=3552&context=lawreview (last visited March 24, 2023).
44
American Public Power Association, Issue Brief: Preserving the Municipal Exemption from Federal Pole Attachment
Regulations (Jan. 2021), available at https://www.publicpower.org/policy/preserving-municipal-exemption-federal-pole-
attachment-regulations (last visited March 24, 2023).
45
Evari GIS Consulting, Joint Use Pole Audit, available at https://www.evarigisconsulting.com/joint-use-pole-audit (last
visited March 24, 2023).
BILL: CS/SB 626 Page 8
Pole attachments were originally established by mutual agreement. Later, such agreements
were regulated by federal statute and administrative rules. Pole attachments provide non-
pole-owning cable and telecommunication service providers (such as cable television
providers and local exchange carriers) with access to a pole-owning utility’s distribution
poles, conduits, and right-of-way for:
Installing fiber, coaxial cable or wires, and other equipment;
Building an interconnected network; and
Reaching customers.46
In 1978, Congress passed the “Pole Attachment Act,” which added s. 224 to the
Communications Act of 1934, to require the Federal Communications Commission (FCC) to
establish rates, terms, and conditions for pole attachments for the cable television industry.47
The “Telecommunications Act of 1996,” which, amended 47 U.S.C. s. 244 to add provisions
making access to utility poles mandatory for telecommunications services providers and
providing for nondiscriminatory access—unless there is insufficient capacity and for reasons
of safety, reliability, and generally applicable engineering purposes.48 Municipal owned
electric utilities and rural electric cooperatives are exempt from the provisions of 47 U.S.C.
s. 224.49 Specifically, the term “utility” is defined as:
[A]ny person who is a local exchange carrier or an electric, gas, water,
steam, or other public utility, and who owns or controls poles, ducts,
conduits, or rights-of-way used, in whole or in part, for any wire
communications. Such term does not include any railroad, any person
who is cooperatively organized, or any person owned by the Federal
Government or any State.50
A state, however, can assume regulation of pole attachment through a process known as
“reverse preemption.” This requires a state to expressly assert jurisdiction through state
legislation, followed by certifying to the FCC that “in so regulating such rates, terms, and
conditions, the state has the authority to consider and does consider the interests of the
subscribers of the services offered via such attachments, as well as the interests of the
consumers of the utility services.”51 As of June 13, 2022, 23 states and the District of
Columbia have reverse preemption, including Florida.52
46
Id.
47
Pub. L. No. 95-234, codified at 47 U.S.C. s. 224.
48
Pub. L. No. 104-104, codified at 47 U.S.C. s. 224(f).
49
47 U.S.C. s. 224(a)(1).
50
Id.
51
47 U.S.C. s. 224(c)(2).
52
Federal Communications Commission, Public Notice: States That Have Certified That They Regulate Pole Attachments,
June 13, 2022, available at https://www.fcc.gov/document/states-have-certified-they-regulate-pole-attachments-3 (last visited
March 24, 2023).
BILL: CS/SB 626 Page 9
Florida assumed regulation of pole attachments from the FCC after the passage and
enactment of SB 1944 in 2021.53 Presently, pole attachments are regulated under sections
366.04(8) and (9), F.S. and 366.97, F.S.
Section 366.04(8), F.S., grants authority to the PSC to regulate and enforce rates, charges,
terms, and conditions for pole attachments, including attachments to streetlight fixtures,
owned by a public utility or a communications services provider. The subsection specifies
that the PSC’s authority includes, but is not limited to, the state regulatory authority
referenced in 47 U.S.C. s. 224(c), relating to pole attachments. The types of pole attachments
regulated under this provision are defined in 47 U.S.C. s. 224(a)(4) and “means any
attachment by a cable television system or provider of telecommunications service to a pole,
duct, conduit, or right-of-way owned or controlled by a utility.” Rural electric cooperatives
are not included in the definition of “utility” for this federal code section. In addition, rural
electric cooperatives and municipal electric utilities are not considered public utilities for the
purposes of ch. 366, F.S.
In addition, s. 366.04(8), F.S., provides:
Jurisdiction for the PSC to regulate and enforce rates, charges, terms, and conditions of
pole attachments and ensure that such rates, charges, terms, and conditions are just and
reasonable.54 In adopting rules to regulate and enforce these provisions, the PSC must
consider the interests of the subscribers and users of the services offered through such
pole attachments, as well as the interests of the consumers of any pole owner providing
such attachments.
Legislative intent that parties are encouraged to enter into voluntary pole attachment
agreements without PSC approval and that parties not be prevented from voluntarily
entering into such contracts without PSC approval.
Circumstances under which a pole owner, on a non-discriminatory basis, may deny
access to its poles, including insufficient capacity, safety, reliability, and engineering
requirements. The subsection also provides that a pole owner’s evaluation of capacity,
safety, reliability, and engineering requirements must consider the PSC’s approved
construction and reliability standards.
That the PSC hear and resolve complaints concerning rates, charges, terms, conditions,
voluntary agreements, or any denial of access relative to pole attachments. FCC
precedent is not binding upon the PSC in the exercise of this delegated authority. The
PSC must establish just and reasonable cost-based rates when exercising its jurisdiction
to hear such cases and to apply the decisions and orders of the FCC and any appellate
court decisions reviewing FCC orders regarding pole attachment rates, terms or
conditions in determining just and reasonable pole attachment rates, terms or conditions.
That a pole owner or attaching entity may provide evidence, subject to proceedings
conducted pursuant to s. 120.569, F.S., and s. 120.57, F.S., to establish that an alternative
cost of service-based pole attachment rate is appropriate and in the public interest.
53
Chapter 2021-191, L.O.F.
54
The types of pole attachments under PSC regulation include the types of attachments regulated under 47 U.S.C. s.
224(a)(4), attachments to streetlight fixtures, attachments to poles owned by a public utility, or attachments to poles owned
by a communications services provider.
BILL: CS/SB 626 Page 10
The PSC must authorize any petitioning pole owner or attaching entity to participate as
an intervenor with full party rights under ch. 120, F.S., in the first four formal
administrative proceedings to determine pole attachment rates, so as to provide PSC
precedent to establish pole attachment rates and help guide negotiations toward voluntary
pole attachment agreements.
That, after the fourth such proceeding, parties subject to a pole attachment rate
proceeding are limited to the specific pole owner and pole attaching entity involved in
and directly affected by the specific pole attachment rate after the fifth formal
administrative proceeding is concluded by final order.
That the PSC must engage initial rulemaking regarding s. 366.04(8), F.S., and must have
those rules proposed for adoption no later than January 1, 2022.
As of June 8, 2022, the PSC has adopted rules to implement s. 366.04(8), F.S., which are
codified under Florida Administrative Code Rule 25-18.010.
Section 366.04(9), F.S., requires that the PSC regulate the safety, vegetation management,
repair, replacement, maintenance, relocation, emergency response, and storm restoration
requirements for poles of communication services providers; however, this provision does
not apply to a communications services provider that does not own poles. Section 366.04(9),
F.S., also directed the PSC to engage initial rulemaking regarding this provision and to have
those rules proposed for adoption no later than April 1, 2022. At minimum, PSC rules
regarding s. 366.04(9), F.S.:
Address mandatory pole inspections, including repair or replacement;
Establish vegetation management requirements for poles owned by providers of
communications services; and
Establish monetary penalties to be imposed upon any communications services provider
that fails to comply with pole attachment rules of PSC established pursuant to s.
366.04(8), F.S. Such penalties must be consistent with s. 366.095, F.S., which limits fines
to $5,000 per offense.
As of April 12, 2022, the PSC has adopted rules to implement s. 366.04(9), F.S., which are
codified under Florida Administrative Code Rule 25-18.020.
Section 366.97, F.S., provides procedures relating to redundant poles and the transfer of pole
ownership. These procedures require:
Pole owners to provide advance notice to attaching entities of major hardening projects to
replace poles within 180 calendar days of receiving written notice to do so. Such
hardening notices must include:
o The scope of the major hardening project (to the extent it has been determined), the
location of affected poles, the expected start date, and the expected completion date;
and
o The date, time, and location of a field meeting for the pole owner and attaching
entities to review and discuss the planned major hardening project details, including
the types of replacement poles to be used. The field meeting must occur no sooner
than 15 calendar days after the date of the notice and no later than 60 calendar days
BILL: CS/SB 626 Page 11
after the notice and, at a minimum, must include sufficient information to enable the
attaching entity to locate the affected poles and identify the owner of any facilities
attached to the poles.
An attaching entity to remove its pole attachments from a redundant pole within
180 calendar days after receipt of an electronic or written notice from a pole owner
requesting such removal. A pole owner may use a joint use notification software program
to accomplish such written or electronic removal notice.
If an attaching entity fails to remove such a pole attachment (except in the event of force
majeure or other good cause as agreed to by the parties or as determined by the PSC or its
designee within 30 calendar days after the 180 calendar-day period), the pole owner or its
agent may transfer or relocate an attachment to a new pole at the attachment owner’s
expense. This provision does not apply to an electric utility’s pole attachments. Payment
for such transfer or removal is due to the pole owner in 60 days after receipt of invoice. A
pole owner may seek to enforce its right to payment in circuit court and, if it prevails, is
entitled to prejudgment interest at the prevailing statutory rate and reasonable attorney
fees and court costs. Upon receipt by the pole owner of written notice, the attaching
entity that fails to comply with such removal shall indemnify, defend, and hold harmless
the pole owner and its directors, officers, agents, and employees from and against all
liability, except to the extent of any finding of negligence or willful misconduct,
including attorney fees and litigation costs, arising in connection with the transfer of the
pole attachment from a redundant pole to a new pole by the pole owner.
If a pole attachment is abandoned by an attaching entity that fails to remove or transfer its
attachments as required under s. 366.97, F.S., the pole owner or its agent may remove the
pole attachment at the noncompliant attaching entity’s expense and may sell or dispose of
the pole attachment. This does not apply where the attaching entity’s noncompliance is
excused by an event of force majeure or other good cause as determined by the PSC.
Non-compliant attaching utilities who have abandoned their attachments as specified in
this provision, are subject to the same 60-day payment and indemnification requirements
as those who failed to remove an attachment from a redundant pole above.
A pole owner may petition the PSC to enforce this section, except to the extent that
petitioning to the circuit court is specified.
Section 366.97, F.S., also specifies that the legislature encourages entities to enter voluntary
agreements authorizing a pole owner to remove an attaching entity’s attachment and that the
section should not be construed as preventing such agreements. Also, the section specifies
that it should not be construed to impair the contract rights of a party to a valid pole
attachment agreement in existence before June 29, 2021.
Broadband Availability in Rural Areas
Much like with rural electricity distribution, the primary challenge in deploying broadband in
rural areas is one of population density. The U.S. Department of Transportation estimates
that the average cost of laying fiber is $27,000 per mile.55 Many rural areas are remote and
55
Congressional Research Service, Raising the Minimum Fixed Broadband Speed Benchmark:
Background and Selected Issues, July 12, 2021, available at https://crsreports.congress.gov/product/pdf/IF/IF11875/2 (last
visited March 24, 2023).
BILL: CS/SB 626 Page 12
have geographically dispersed populations, thus more fiber per customer must be laid to
serve them. Moreover, rural areas often have more harsh terrain than urban areas—such as
mountain ranges or ground that is frozen for substantial portions of the year. These features
can make it more difficult and costly to serve such areas with fiber.56 Cable networks can
also face similar density and terrain issues.
While rural customers still lag behind urban counterparts, the difference in broadband access
between these areas is at its lowest ever. In 2015, reflecting advances in technology, the FCC
raised benchmark speeds to be considered broadband service to 25 megabits per second
(Mbps) for downloads and 3 Mbps for uploads (25/3 Mbps service).57 Under this benchmark,
the FCC reported that 53 percent of people living in U.S. rural areas lacked access to
broadband—as compared to just 8 percent of persons living in U.S. urban areas lacking such
access. By 2021, the gap for 25/3 Mbps service with at least one provider had essentially
vanished.58 Rural areas still were behind their urban counterparts in choice however; 91
percent of rural customers had access to three or more providers, versus 99 percent of urban
customers.59
In 2021, the FCC considered increasing their standard for broadband to 100 Mbps of
download and 10 Mbps of upload speed (100/10 Mbps service), but ultimately rejected the
change given concerns about whether enough providers could meet such a standard.
Broadband Growth Programs
Florida Broadband Opportunity Program
Established under s. 288.9962, F.S., the Broadband Opportunity Program (BOP) is a
competitive reimbursement program within the Florida Department of Economic
Opportunity (DEO).60 The purpose of the program is to award grants to applicants who seek
to expand broadband Internet service to unserved areas of Florida. To operate the program,
Florida Legislature appropriated $400 million in federally funded State and Local Fiscal
Recovery Funds (SLFRF) to increase Floridians’ access to reliable, affordable, and high-
speed internet service.61
Connect America Fund
One of the earliest and most significant federal broadband programs is the Connect America
Fund, which is part of the FCC’s Universal Service Fund (USF). Started in 2011, the purpose
of the fund is to provide subsidies to telecommunications companies to expand
56
Id.
57
Federal Communications Commission, Wireline: 2015 Broadband Progress Report, Feb. 14, 2015, available at
https://www.fcc.gov/reports-research/reports/broadband-progress-reports/2015-broadband-progress-report (last visited March
24, 2023).
58
USA Facts, How Many Americans have Broadband Internet Access, Sep. 27, 2022, available at
https://usafacts.org/articles/how-many-americans-have-broadband-internet-access/#footnote-3 (last visited March 24, 2023).
59
Id.
60
Florida Department of Economic Opportunity, Broadband Opportunity Program, available at
https://www.floridajobs.org/community-planning-and-development/broadband/broadband-opportunity-program (last visited
Mar. 24, 2023).
61
Id.
BILL: CS/SB 626 Page 13
telecommunications infrastructure in rural and remote areas of the United States.62 The
Connect America Fund is a “high-cost” program, meaning that it is designed to ensure that
consumers in rural, insular, and high cost areas have access to modern telecommunications
networks and that services through those networks, like voice and broadband, are available at
a cost comparable to that in more developed urban areas.63 The Connect America Fund is the
largest of the USF’s programs, and has an annual budget of $4.5 billion.64
Broadband Technology Opportunities Program
The Broadband Technology Opportunities Program (BTOP) is a federal grant program
administered by the National Telecommunications and Information Administration (NTIA),
part of the U.S. Department of Commerce. The BTOP is funded by the American Recovery
and Reinvestment Act of 2009 (Pub. L. 111-5), and has an annual budget of $4 billion. The
purpose of the program is to “bridge the technological divide” and BTOP projects include
deploying broadband Internet infrastructure, enhancing and expanding public computer
centers, and encouraging the sustainable adoption of broadband service.65
USDA Programs: ReConnect Program and the Rural Broadband Program
The USDA operates two programs aimed at developing broadband in rural areas—the
ReConnect Program and the Rural Broadband Program. Though these programs both existed
prior to 2021, the Infrastructure Investment and Jobs Act (Public Law 117-58), signed into
law on November 15, 2021, provided new funding for both of these programs (and other
broadband initiatives). The ReConnect Program received $1.926 billion in funds for grants
and loans and the Rural Broadband Program received $74 million in funds for loans. This
new funding level, starting in 2022, exceeded the fiscal year 2021 levels by $1.291 billion
(an increase of 203 percent) for the ReConnect Program and by $72 million (an increase of
97 percent) for the Rural Broadband Program.66
The purpose of the ReConnect Program is to offer loans, grants, and loan-grant combinations
to facilitate broadband deployment in rural areas that currently do not have sufficient access
to broadband. The entities eligible to apply for the Reconnect Program include:
Corporations, limited liability companies, and limited liability partnerships;
State and local governments;
U.S. territories and possessions; and
62
Federal Communications Commission, Universal Service Monitoring Report, Feb. 13, 2023, available at
https://www.fcc.gov/general/federal-state-joint-board-monitoring-reports (last visited March 24, 2023).
63
Federal Communications Commission, Universal Service for High Cost Areas-Connect America Fund, available at
https://www.fcc.gov/general/universal-service-high-cost-areas-connect-america-fund#releases (last visited Mar. 24, 2023).
64
Universal Service Administrative Co., Program Overview, available at https://www.usac.org/high-cost/program-overview/
(last visited Mar 24, 2023).
65
National Telecommunications and Information Administration, Broadband Technology Opportunities Program, available
at https://ntia.gov/category/broadband-technology-opportunities-
program#:~:text=The%20Broadband%20Technology%20Opportunities%20Program,in%20communities%20across%20the%
20country (last visited Mar. 24, 2023).
66
Congressional Research Service, Infrastructure Investment and Jobs Act: Funding for USDA
Rural Broadband Programs, Nov. 19. 2021, available at https://crsreports.congress.gov/product/pdf/IF/IF11918) (last visited
March 24, 2023).
BILL: CS/SB 626 Page 14
Indian tribes, as defined in Section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. §450b).67
The purposes for which Reconnect grants may be used are:
Construction or improvement of facilities required to provide fixed terrestrial broadband
services;
Funding of reasonable pre-application expenses; and
Funding the acquisition of an existing telecommunications system that does not currently
provide sufficient access to broadband.68
The Rural Broadband Program offers funds to help construct, improve, or acquire facilities
and equipment needed to provide broadband to rural areas. The entities eligible to apply for
the program are:
Corporations;
Limited liability companies;
Cooperative or mutual organizations;
State and local governments; and
Indian tribes and tribal organizations.
For the most recent years prior to 2021, Congress only appropriated funds to the Rural
Broadband Program for loans. However, with the increase in funding under the Infrastructure
Investment and Jobs Act, funding for grants and loan guarantees is also now available in the
program.69
While the USDA’s Reconnect and Rural programs are similar in their purpose, a key
distinction lies in the standards for eligible service areas. For the ReConnect Program,
eligible service areas are areas where at least 90% of households lack sufficient access to
broadband with at least 100 Mbps download and 20 Mbps upload speed (100/20 Mbps
service). For the Rural Broadband Program, the standard for eligibility is if the area in
question does not have at least 50% of households with at least 25 Mbps download and 3
Mbps upload speed (25/3 Mbps service).
Growth of Rural Electric Cooperative Engagement in Broadband
According to the NRECA, about 200 rural electric cooperatives are currently providing or
building out broadband service. In addition, the NRECA states that 200 additional rural
electric cooperatives are “assessing the feasibility of providing service to more than 6 million
households in co-op service areas that don’t have access to high-speed internet service.”70 To
support its members wishing to be, or currently engaged in, the broadband business, the
67
United States Department of Agriculture, ReConnect Program, available at https://www.usda.gov/reconnect/program-
overview (last visited Mar 24, 2023).
68
Id.
69
Federal Communications Commission, Universal Service for High Cost Areas-Connect America Fund, supra note 66.
70
National Rural Electric Cooperatives Association, Broadband, available at https://www.electric.coop/issues-and-
policy/broadband (last visited Mar 24, 2023).
BILL: CS/SB 626 Page 15
NRECA launched a new level of service for its members in July 2022 called NRECA
Broadband.71 The stated purpose of NRECA Broadband is to offer:
Federal policy and regulatory advocacy;
Communication, events, and education; and
Operations and technology support.72
While rural electric cooperatives have experience in operating a monopoly electric utility,
many have little institutional experience in operating in a non-monopoly competitive market
in general or in broadband telecommunications specifically. Thus, these companies can face
challenges in learning how to market and provide broadband services.73
Rural Electric Cooperative Involvement in Broadband in Florida
Section 425.04, F.S., establishes the powers of rural electric cooperatives in Florida. It states,
that, in addition to providing energy, water, and wastewater utility services, rural electric
cooperatives may, in order to promote economic development, “provide…nonenergy
services to its membership.” Utilizing this provision, currently, five of Florida’s 18 rural
electric cooperatives, are engaged in or developing broadband service:
Glades Electric Cooperative (5.1 members per mile of line).
Central Florida Electric Cooperative (6.34 members per mile of line).
Suwannee Valley Electric Cooperative (4.5 members per mile of line).
Tri-County Electric Cooperative (4.48 members per mile of line).
Escambia River Electric Cooperative (6.94 members per mile of line).
According to the FECA these five cooperatives are the most rural in nature of the
cooperatives in Florida.74
III. Effect of Proposed Changes:
Section 1 creates s. 364.391, F.S., which provides that, if a rural electric cooperative engages
in the provision of broadband service:
All poles owned by that cooperative are subject to pole attachment regulation by the
Public Service Commission (PSC) under s. 366.04(8), F.S., as if the cooperative was a
public utility.
The PSC may access the books and records of the cooperative for the limited purpose of
exercising its pole regulatory authority. Such records would be subject to the same
confidentiality protection procedures as other records utilized in PSC proceedings under
ss. 364.183 and 366.093, F.S.
71
Id.
72
Cooperative.com, NRECA Broadband, available at https://www.cooperative.com/topics/telecommunications-
broadband/nreca-broadband/Pages/default.aspx (last visited Mar. 24, 2023).
73
National Rural Electric Cooperatives Association, Along Those Lines: What It Takes for Electric Co-ops to Enter the
Broadband Space, Jan 24, 2023, available at https://www.electric.coop/along-those-lines-what-it-takes-for-electric-co-ops-
to-enter-the-broadband-space (last visited March 24, 2023).
74
Email from Drew Love, Director of Government Affairs, Florida Electric Cooperatives Association, to Senate Regulated
Industries Staff (Mar. 6, 2023) (on file with Senate Regulated Industries Committee).
BILL: CS/SB 626 Page 16
Proposed s. 364.391, F.S., defines “engages in the provision of broadband” as:
Providing broadband directly, through an affiliate,75 or pursuant to an agreement with a
third party; or
Receiving broadband grant funding:
o Pursuant to the Florida Department of Economic Opportunity’s Broadband
Opportunity Program (BOP); or
o From any other federal or state program offering grants to expand broadband Internet
service to unserved areas of this state.
The section also specifies that the rural electric cooperative pole attachment regulatory
authority established pursuant to proposed s. 364.391, F.S., may not be construed to impair
the contract rights of a party to a valid rural electric cooperative pole attachment agreement
in existence before July 1, 2023.
Section 2 amends s. 425.04, F.S., which establishes the powers of a rural electric
cooperative. Specifically, the bill provides that rural cooperatives may engage in the
provision of broadband, pursuant to the pole attachment regulations specified in proposed s.
364.391, F.S., in the bill.
Section 3 of the bill provides an effective date of 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.
75
“Affiliate” is defined in proposed s. 364.391, F.S., as an entity related through a parent cooperative’s controlling interest.
The term includes a subsidiary or any other entity under common control with the cooperative.
BILL: CS/SB 626 Page 17
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
Currently, rural electric cooperatives pay limited RAFs to the Florida PSC to fund only
the limited regulatory authority the PSC has over these utilities. In addition, under s.
364.011(2), F.S., broadband services, regardless of the provider, platform, or protocol,
are exempt from oversight by the PSC (except to the extent delineated in ch. 364, F.S.).
Traditionally, the cost associated with regulatory requirements established in Florida law
has been assessed to the utilities and telecommunications companies subject to the PSC’s
authority. The bill does not provide the PSC with authority to increase RAFs for rural
electric cooperatives, nor does it establish authority to assess RAFs to the communication
services providers that may become subject to the PSC’s authority under the bill.
B. Private Sector Impact:
The financial and legal responsibilities of parties to rural electric cooperative pole
attachment arrangements in Florida may substantially change depending on the PSC’s
implementation of new pole attachment regulatory authority under this bill.
C. Government Sector Impact:
The bill may have a negative impact on state revenues and expenditures. However, the
PSC has stated that, as currently drafted, the expected increased workload “can be
absorbed.”76
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 425.04 of the Florida Statutes.
This bill creates section 364.391 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 Regulated Industries on March 7, 2023:
76
Florida Public Service Commission, Bill Analysis for SB 626 (Mar. 3, 2023) (on file with the Senate Regulated Industries
Committee).
BILL: CS/SB 626 Page 18
The committee substitute:
Adds a provision allowing the Public Service Commission (PSC) limited access to
cooperative records to the extent necessary to administer rural electric cooperative
pole attachment regulation established under the bill. A statement is also included to
clarify that such records would be given the same protection as other utility records
subject to PSC proceedings.
Adds a provision stating that the bill is not intended to impair existing pole
attachment agreements.
Removes a reference in the bill to the definition of “communications services” in s.
350.81(1), F.S., in establishing powers of rural cooperatives under ch. 425, F.S. This
is revised to state “broadband” instead, in order to clarify that a rural electric
cooperative offering such services does not need to obtain a certificate of
authorization from the PSC in order to do so.
Clarifies that the PSC-regulated pole attachment provisions established under the bill
only apply when a rural electric cooperative engages in broadband.
Makes technical changes.
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 CS for SB 626 Florida Senate - 2023 CS for SB 626
By the Committee on Regulated Industries; and Senator DiCeglie
580-02350-23 2023626c1 580-02350-23 2023626c1
1 A bill to be entitled 30 (c) “Engages in the provision of broadband” means an entity
2 An act relating to broadband Internet service 31 that:
3 providers; creating s. 364.391, F.S.; defining terms; 32 1. Provides broadband service directly, through an
4 specifying that the poles of rural electric 33 affiliate, or pursuant to an agreement with a third party; or
5 cooperatives that are engaged in the provision of 34 2. Accepts broadband grant funding pursuant to s. 288.9962
6 broadband are subject to regulation by the Public 35 or from any other federal or state program offering grants to
7 Service Commission; authorizing the commission to 36 expand broadband Internet service to unserved areas of this
8 access the books and records of such cooperatives for 37 state.
9 specified purposes; providing that such information 38 (2) If a cooperative engages in the provision of broadband:
10 that contains proprietary confidential business 39 (a) All poles owned by the cooperative are subject to
11 information retains its confidential or exempt status 40 regulation under s. 366.04(8) on the same basis as if such
12 when held by the commission; providing construction; 41 cooperative were a public utility under that subsection; and
13 amending s. 425.04, F.S.; authorizing rural electric 42 (b) The commission may access the books and records of such
14 cooperatives to engage in the provision of broadband; 43 cooperative to the limited extent necessary to perform its
15 providing an effective date. 44 functions and to exercise its authority under ss. 366.04(8) and
16 45 366.97(4). Upon request of the cooperative, any records the
17 Be It Enacted by the Legislature of the State of Florida: 46 commission receives under this paragraph which are proprietary
18 47 confidential business information under s. 364.183 or s. 366.093
19 Section 1. Section 364.391, Florida Statutes, is created to 48 shall retain their status as confidential or exempt from
20 read: 49 disclosure under s. 119.07(1) and s. 24(a), Art. I of the State
21 364.391 Rural electric cooperatives engaged in the 50 Constitution.
22 provision of broadband.— 51 (3) This section may not be construed to impair the
23 (1) As used in this section, the term: 52 contract rights of a party to a valid pole attachment agreement
24 (a) “Affiliate” means an entity related through a parent 53 in existence before July 1, 2023.
25 cooperative’s controlling interest. The term includes a 54 Section 2. Section 425.04, Florida Statutes, is amended to
26 subsidiary or any other entity under common control with the 55 read:
27 cooperative. 56 425.04 Powers.—A cooperative shall have all of the
28 (b) “Cooperative” means a rural electric cooperative 57 following powers power:
29 established pursuant to chapter 425. 58 (1) To sue and be sued, in its corporate name.;
Page 1 of 5 Page 2 of 5
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Florida Senate - 2023 CS for SB 626 Florida Senate - 2023 CS for SB 626
580-02350-23 2023626c1 580-02350-23 2023626c1
59 (2) To have perpetual existence.; 88 other evidences of indebtedness and any and all types of
60 (3) To adopt a corporate seal and alter the same at 89 security therefor.;
61 pleasure.; 90 (6) To make loans to persons to whom electric energy is or
62 (4) To generate, manufacture, purchase, acquire, accumulate 91 will be supplied by the cooperative for the purpose of, and
63 and transmit electric energy, and to distribute, sell, supply, 92 otherwise to assist such persons in, constructing, maintaining
64 and dispose of electric energy in rural areas to its members, to 93 and operating electric refrigeration plants.;
65 governmental agencies and political subdivisions, and to other 94 (7) To become a member in one or more other cooperatives or
66 persons not in excess of 10 percent of the number of its 95 corporations or to own stock therein.;
67 members; to process, treat, sell, and dispose of water and water 96 (8) To construct, purchase, take, receive, lease as lessee,
68 rights; to purchase, construct, own and operate water systems; 97 or otherwise acquire, and to own, hold, use, equip, maintain,
69 to own and operate sanitary sewer systems; and to supply water 98 and operate, and to sell, assign, transfer, convey, exchange,
70 and sanitary sewer services. However, a no cooperative may not 99 lease as lessor, mortgage, pledge, or otherwise dispose of or
71 shall distribute or sell any electricity, or electric energy to 100 encumber, electric transmission and distribution lines or
72 any person residing within any town, city, or area in which the 101 systems, electric generating plants, electric refrigeration
73 person is receiving adequate central station service or who at 102 plants, lands, buildings, structures, dams, plants and
74 the time of commencing such service, or offer to serve, by a 103 equipment, and any and all kinds and classes of real or personal
75 cooperative, is receiving adequate central station service from 104 property whatsoever, which shall be deemed necessary, convenient
76 any utility agency, privately or municipally owned individual 105 or appropriate to accomplish the purpose for which the
77 partnership, or corporation.; 106 cooperative is organized.;
78 (5) To make loans to persons to whom electric energy is or 107 (9) To purchase or otherwise acquire; to own, hold, use and
79 will be supplied by the cooperative for the purpose of, and 108 exercise; and to sell, assign, transfer, convey, mortgage,
80 otherwise to assist such person in, wiring their premises and 109 pledge, hypothecate, or otherwise dispose of or encumber,
81 installing therein electric and plumbing fixtures, appliances, 110 franchises, rights, privileges, licenses, rights-of-way and
82 apparatus and equipment of any and all kinds and character, and 111 easement.;
83 in connection therewith, to purchase, acquire, lease, sell, 112 (10) To borrow money and otherwise contract indebtedness;
84 distribute, install and repair such electric and plumbing 113 to issue notes, bonds, and other evidences of indebtedness
85 fixtures, appliances, apparatus and equipment, and to accept or 114 therefor; and to secure the payment thereof by mortgage, pledge,
86 otherwise acquire, and to sell, assign, transfer, endorse, 115 deed of trust, or any other encumbrance upon any or all of its
87 pledge, hypothecate and otherwise dispose of notes, bonds and 116 then owned or after-acquired real or personal property, assets,
Page 3 of 5 Page 4 of 5
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Florida Senate - 2023 CS for SB 626
580-02350-23 2023626c1
117 franchises, revenues or income.;
118 (11) To construct, maintain, and operate electric
119 transmission and distribution lines along, upon, under and
120 across all public thoroughfares, including without limitation,
121 all roads, highways, streets, alleys, bridges and causeways, and
122 upon, under and across all publicly owned lands, subject,
123 however, to the requirements in respect of the use of such
124 thoroughfares and lands that are imposed by the respective
125 authorities having jurisdiction thereof upon corporations
126 constructing or operating electric transmission and distribution
127 lines or systems.;
128 (12) To exercise the power of eminent domain in the manner
129 provided by the laws of this state for the exercise of that
130 power by corporations constructing or operating electric
131 transmission and distribution lines or systems.;
132 (13) To engage in the provision of broadband pursuant to s.
133 364.391.
134 (14) To conduct its business and exercise any or all of its
135 powers within or without this state.;
136 (15)(14) To adopt, amend, and repeal bylaws.; and
137 (16)(15) To do and perform any and all other acts and
138 things, and to have and exercise any and all other powers which
139 may be necessary, convenient or appropriate to accomplish the
140 purpose for which the cooperative is organized.
141 (17) To promote economic development by providing, an
142 electric cooperative may provide any energy or nonenergy
143 services to its membership.
144 Section 3. This act shall take effect July 1, 2023.
Page 5 of 5
CODING: Words stricken are deletions; words underlined are additions.
" The Florida Senate
3127 t23 626
APPEARANCE RECORD
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Address 215 S. Monroe St ,,.,''r,, kmurillo@aarp.org
Street
Tallahassee FL 32301
City Stote zip
speaking: ffi ror ffi ngainst l[ tnformatio. OR waive speakin gt V** tn support ffi ngainst
PLEASE CHECK ONE OF THE FOLLOWING:
appearing without
ltr compensation
I am
or sponsorship.
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AARP Florida sponsored by:
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The Florida Senate
APPEARANCE RECORD
eeting Date Bill Number orTopic
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PLEASE CHECK ONE OFTHE FOLLOWING:
lam appearing without a registered lobbyist, I am not a lobbyist, but received
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f t \varn"rt
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t /\St o b'
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The Florida Senate
\ lzl /2azs
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Conno aruo
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?.}
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)s
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es6 7b Bill Number orTopic
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1106
INTRODUCER: Senator Hooper
SUBJECT: Household Moving Services
DATE: March 24, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Favorable
2. AEG
3. FP
I. Summary:
SB 1106 broadens protections for consumers who use intrastate moving services by:
Providing additional registration and proof of registration requirements for movers and
moving brokers;
Providing for a required performance bond or certificate of deposit in certain circumstances
for shippers’ moved goods;
Requiring a binding estimate of the cost of services, including any applicable fees of a
moving broker, to be provided by the mover to a prospective shipper;
Requiring a moving broker to arrange with a registered mover for the loading, transportation,
shipment, or unloading of household goods as part of a household move;
Requiring a moving broker to include certain information on any document provided by the
moving broker to a shipper; and
Requiring the Department of Agriculture and Consumer Services to suspend a mover’s or
moving broker’s registration under certain circumstances.
The bill provides an effective date of July 1, 2023.
II. Present Situation:
Moving Scams
The Better Business Bureau (BBB) has seen a marked increase in complaints and negative
reviews about movers in recent years.1 In 2021, nearly 1,100 complaints were filed with the BBB
1
Better Business Bureau, Know Your Mover: BBB Study Reveals Scammers Price Gouge, Take Belongings Hostage, and
Destroy Goods (Jun. 30, 2020), available at https://www.bbb.org/article/news-releases/22659-know-your-mover-bbb-study-
reveals-scammers-price-gouge-take-belongings-hostage-and-destroy-goods (last visited Mar. 24, 2023).
BILL: SB 1106 Page 2
against moving companies.2 Additionally, consumers reported more than $730,000 lost to
moving scams to BBB Scam Tracker, a 216% increase in monetary losses as compared to 2020.3
One frequent moving scam involves an initial low-ball estimate (usually provided without an in-
person visit to review the belongings that need to be moved) that turns into a demand for a much
higher price once all of the household belongings are on the moving truck and awaiting delivery.
The truck driver can simply drive away if the consumer refuses to pay the higher price.4,5
Another scam requires the shipper to sign a blank or incomplete estimate or contract, which
results in a higher than expected price demanded at the time of delivery.6
On December 8, 2022, Attorney General Moody filed legal action against three individuals, two
holding companies, and multiple fraudulent moving brokerage businesses.7 According to the
Consumer Protection investigation, the businesses acted as a common enterprise to deceive more
than 400 Floridians into believing the company professionally handled moving services and
promised to provide refunds if anything went wrong. Instead, the companies hired third parties to
complete the moving services at subpar quality and refused to provide refunds.8
Florida (Intrastate) Mover Regulations
Chapter 507, F.S., governs the loading, transportation, shipment, unloading, and affiliated
storage of household goods as part of intrastate household moves. The chapter applies to any
mover or moving broker engaged in intrastate transportation or shipment of household goods that
originates and terminates in Florida.9 These regulations co-exist with federal law, which governs
interstate moving of household goods.10
A “mover” is a person who, for compensation, contracts for or engages in the loading,
transportation, shipment, or unloading of household goods as part of a household move.11 A
“moving broker” arranges for another person to load, transport, ship, or unload household goods
2
Better Business Bureau, BBB Scam Alert: Avoid Moving Scams this National Moving Month (May 2, 2022) available at
https://www.bbb.org/article/scams/24198-bbb-scam-alert-avoid-moving-scams-this-national-moving-month (last visited Mar.
24, 2023).
3
Id.
4
Better Business Bureau, Know Your Mover: BBB Study Reveals Scammers Price Gouge, Take Belongings Hostage, and
Destroy Goods (Jun. 30, 2020), available at https://www.bbb.org/article/news-releases/22659-know-your-mover-bbb-study-
reveals-scammers-price-gouge-take-belongings-hostage-and-destroy-goods (last visited Mar. 24, 2023).
5
See, e.g., Jackie Callaway, Record Number of People File Complaints About Florida Movers in 2021; BBB rates 1,300
Companies ‘F’, (Dec. 2, 2021), available at https://www.abcactionnews.com/money/consumer/taking-action-for-you/record-
number-of-people-file-complaints-about-florida-movers-in-2021-bbb-rates-1-300-companies-f (last visited Mar. 24, 2023).
6
Florida Attorney General’s Office, Scams at a Glance: On the Move, available at
http://myfloridalegal.com/webfiles.nsf/WF/TDGT-BYLQQL/$file/Movers_Scams+at+a+Glance_English.pdf (last visited
Mar. 24, 2023).
7
See Office of Attorney General Ashley Moody, Attorney General Moody Takes Action to Shut Down Massive Moving Scam
(Dec. 8, 2022), available at News Release - Attorney General Moody Takes Action to Shut Down Massive Moving Scam
(myfloridalegal.com) (last visited Mar. 24, 2023).
8
Id.
9
Section 507.02, F.S.
10
Interstate movers in the U.S. must be licensed by the Department of Transportation’s Federal Motor Carrier Safety
Administration (FMCSA).
11
Section 507.01(9), F.S.
BILL: SB 1106 Page 3
as part of a household move or who refers a shipper to a mover by telephone, postal, or
electronic mail, website, or other means.12
Movers and moving brokers who do business in Florida must register annually with the
Department of Agriculture and Consumer Services (Department).13 As of March 21, 2023, there
were 1,792 movers and 48 moving brokers with active Florida registrations.14 In order to obtain a
registration certificate, the mover or moving broker must file an application, pay a $300 annual
registration fee, and meet certain statutory qualifications, including proof of insurance
coverage.15
Insurance Coverage and Liability Limitations
Movers and moving brokers must maintain liability and motor vehicle insurance. A mover who
operates more than two vehicles is required to maintain liability insurance of at least $10,000 per
shipment, and not less than 60 cents per pound, per article.16 Movers who operate fewer than two
vehicles are required only to carry either a $25,000 performance bond or a $25,000 certificate of
deposit in lieu of liability insurance.17
Any contractual limitation to a mover’s liability for loss incurred to a shipper’s goods must be
disclosed in writing to the shipper, along with the valuation rate, but a mover’s attempt to limit
its liability beyond the minimum 60 cents per pound, per article rate is void under s. 507.04(4),
F.S. If the mover offers valuation insurance, it must inform the shipper of the opportunity to
purchase valuation coverage to compensate the shipper for household goods that are lost or
damaged during a household move prior to execution of the contract for moving services.18
Violations and Penalties
Section 507.05, F.S., requires an intrastate mover to provide an estimate and contract to the
shipper before commencing the move. Should a dispute arise over payment or costs, s. 507.06,
F.S., provides that the mover may place the shipper’s goods in a storage unit until payment is
tendered. Because of ambiguity regarding what payment may legally be demanded, some
shippers have been taken advantage of by deceptive or fraudulent moving practices. Often,
moving fraud manifests as an increased fee assessed by the mover, who then refuses to relinquish
the shipper’s goods until the inflated price has been paid in full.
While administrative, civil, and criminal penalties exist in ch. 507, F.S., for such fraudulent
moving practices and other violations, the aggrieved shipper is not guaranteed the return of his or
her goods until after such remedies have been finalized.
12
Section 507.01(10), F.S.
13
Florida Department of Agriculture and Consumer Services (FDACS), Moving Companies: Who has to Register?, available
at https://www.fdacs.gov/Business-Services/Moving-Companies (last visited Mar. 24, 2023).
14
FDACS, License/Complaint Lookup, available at https://csapp.fdacs.gov/cspublicapp/businesssearch/businesssearch.aspx
(last visited Mar. 24, 2023). Search by “program.”
15
Section 507.03, F.S.
16
Sections 507.04(1)(a)1. and 507.04(4), F.S.
17
Section 507.04(1)(b), F.S.
18
Section 507.04(5), F.S.
BILL: SB 1106 Page 4
In March of 2021, the Florida Consumer Protection Division within the Office of the Attorney
General secured four judgments against moving companies that used deceptive advertising,
failed to provide proper estimates, failed to relinquish household goods, and failed to provide
timely pick-up or delivery of goods in accordance with service contracts. 19
Local Ordinances and Regulations
Chapter 507, F.S., preempts local ordinances or regulations that relate to household moving,
unless the local regulation was adopted prior to January 1, 2011.20 Broward,21 Miami-Dade,22
Palm Beach,23 and Pinellas24 counties currently have such ordinances. Movers or moving brokers
whose principal place of business is located in a county or municipality with such an ordinance
are required to register under local and state laws. State law also allows for local taxes, fees, and
bonding related to movers and moving brokers, so long as any local registration fees are
reasonable and do not exceed the cost of administering the ordinance or regulation.25
III. Effect of Proposed Changes:
Definitions and Legislative Intent
Section 1 amends the following definitions in s. 507.01, F.S.;
“Contract for service” or “bill of lading” means a written document prepared by a registered
mover which is approved and electronically acknowledged or signed by the shipper in
writing before the performance of any service by the mover and which authorizes the named
mover to perform the services and lists all costs associated with the household move and
accessorial services to be performed;
“Estimate” means a written document prepared by a registered mover that sets forth the total
costs and describes the basis of those costs, related to a shipper’s household move, including,
but not limited to, the loading, transportation or shipment, and unloading of household goods
and accessorial services; and
“Moving broker” or “broker” means a person who, for compensation, arranges with a
registered mover for loading, transporting or shipping, or unloading of household goods as
part of a household move or who, for compensation, refers a shipper to a registered mover.
19
Office of the Attorney General, Attorney General Moody Shuts Down Moving Scams and Recovers Millions for Consumers
Duped by Malicious Movers (Mar. 2, 2021), available at
http://www.myfloridalegal.com/newsrel.nsf/newsreleases/0BFF0224649D124D8525868C005A765F?Open& (last visited
Mar. 24, 2023).
20
Section 507.13, F.S.
21
Broward County Government, Movers, available at
https://www.broward.org/Consumer/ConsumerProtection/Movers/Pages/default.aspx (last visited Mar. 24, 2023).
22
Miami-Dade County, Moving Companies—Laws & Tips, available at
https://www.miamidade.gov/global/economy/consumer-protection/moving-
companies.page#:~:text=Movers%20must%20insure%20your%20property,the%20value%20of%20your%20property.&text=
The%20amount%20of%20added%20value%20you%20purchase%20is%20up%20to%20you. (last visited Mar. 24, 2023).
23
Palm Beach County, Moving, available at https://discover.pbcgov.org/publicsafety/consumeraffairs/pages/moving.aspx
(last visited Mar. 24, 2023).
24
Pinellas County, Moving, available at https://www.pinellascounty.org/consumer/moving.htm (last visited Mar. 24, 2023).
25
Section 507.13, F.S.
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Section 2 amends s. 507.02, F.S., to provide that the bill is intended to establish the law of
Florida governing the brokering of movers of household goods by moving brokers.
Mover Registration
Section 3 amends s. 507.03, F.S., to clarify that “broker” means “moving broker.”
The bill clarifies that each estimate, contract, or advertisement of a mover must include a
required phrase.
The bill provides that any document from a moving broker must include the phrase “…(NAME
OF FIRM)… is registered with the State of Florida as a Moving Broker. Fla. Moving Broker
Registration No. …..”
The bill provides that each advertisement of a moving broker must include the phrase “Fla.
Moving Broker Reg. No. ….. …(NAME OF MOVING BROKER)… is a moving broker.
…(NAME OF MOVING BROKER)… is paid by a shipper to arrange, or offer to arrange, the
transportation of property by a registered mover.”
The bill requires each moving broker to provide the Department of Agriculture and Consumer
Services (Department) with a complete list of registered movers that the moving broker has
contracted or is affiliated with, advertises on behalf of, arranges moves for, or refers shippers to,
including each mover’s complete name, address, telephone number, email address, and
registration number and the name of each mover’s owners, corporate officers, and directors.
Additionally, a moving broker must notify the department of any changes to the provided
information, and the department must publish and maintain a list of all moving brokers and the
registered movers each moving broker is contracted with on its website.
The bill provides that a person may not hold themselves out to be a mover or moving broker
without first registering with the department.
The bill requires the department to immediately issue a cease and desist order to a person upon
finding that such person is operating as a mover or moving broker without registering.
Additionally, the department may seek an immediate injunction from the appropriate circuit
court that prohibits the person from operating in Florida until the person complies with the
registration requirement, a civil penalty not to exceed $5,000, and court costs.
Insurance Requirement
Section 4 amends the insurance requirements in s. 507.04, F.S. The bill authorizes a mover that
operates two or fewer vehicles, in lieu of maintaining liability insurance coverage, to maintain
one of the following alternative coverages:
A performance bond in the amount of $50,000, up from the current $25,000, for which the
surety of the bond must be a surety company authorized to conduct business in Florida; or
A certificate of deposit in a Florida banking institution in the amount of $50,000, up from the
current $25,000.
The bill also requires a moving broker to maintain one of the above listed coverages.
BILL: SB 1106 Page 6
The bill requires the department to immediately suspend a mover’s or moving broker’s
registration if the mover or moving broker fails to maintain the required performance bond,
certificate of deposit, or the appropriate insurance. In such cases, the mover or moving broker
must immediately cease operating as a mover or moving broker in Florida. Additionally, the
department may seek an immediate injunction from the appropriate circuit court that prohibits
the person from operating in Florida until the person complies with the aforementioned
requirements, a civil penalty not to exceed $5,000, and court costs.
Estimates and Contracts for Service
Section 5 amends s. 507.05, F.S., to require that an estimate and a contract must be prepared by a
registered mover and provided to a prospective shipper in writing, and the shipper, mover, and
moving broker must sign or electronically acknowledge and date the estimate and contract.
The bill requires the estimate and contract for service to include the following:
The name, telephone number, and physical address where the mover’s and moving broker’s
employees are available during normal business hours;
The date the estimate and contract were prepared by the mover and the proposed date or
dates of the shipper’s household move, including, but not limited to, loading, transportation,
shipment, and unloading of household goods and accessorial services;
The name and address of the shipper, the addresses where the articles are to be picked up and
delivered, and a telephone number where the shipper may be reached;
The name, telephone number, and physical address of the location where the household
goods will be held pending further transportation, including situations in which the mover
retains possession of household goods pending resolution of a fee dispute with the shipper;
An itemized breakdown and description and total of all costs and services for loading,
transportation or shipment, unloading, and accessorial services to be provided during a
household move or storage of household goods, including the fees of a moving broker, if
used; and
Acceptable forms of payment, which must be clearly and conspicuously disclosed to the
shipper on the binding estimate and the contract for services.
Moving Brokers
Section 6 creates s. 507, 056, F.S., to provide requirements specific to moving brokers.
The bill establishes that a moving broker may only arrange with a registered mover for the
loading, transportation, shipment, or unloading of household goods as part of a household move
or refer a shipper to a registered mover. Moving brokers may not give a verbal estimate or
prepare a written estimate or contract for services that sets forth the total costs and describes the
basis of those costs relating to a shipper’s household move, including, but not limited to, the
loading, transportation, shipment, or unloading of household goods and accessorial services.
The bill provides that before providing any service to a prospective shipper, a moving broker
must disclose to the shipper that the broker may only arrange, or offer to arrange, the
transportation of property by a registered mover. Additionally, a moving broker’s fees may not
BILL: SB 1106 Page 7
include the cost of the shipper’s household move, including, but not limited to, the loading,
transportation, shipment, or unloading of household goods and accessorial services.
The bill requires any document provided to a shipper by a moving broker to include the
following:
The name of the moving broker and the moving broker’s registration number;
The following statement displayed at the top of the document: “…(Name of Moving
Broker)… is not a mover. …(Name of Moving Broker)… is paid by the shipper to arrange,
or offer to arrange, the transportation of property by a registered mover. The moving broker’s
fees do not include the cost of the shipper’s household move, including, but not limited to,
the loading, transportation, shipment, or unloading of household goods and accessorial
services;”
The name, telephone number, and physical address where the moving broker’s employees are
available during normal business hours;
An itemized breakdown and description and total of all costs for the moving broker’s fees to
arrange with a registered mover for the loading, transportation, shipment, or unloading of
household goods as part of a household move or to refer the shipper to a registered mover;
A list of all of the registered movers the moving broker has contracted with or is affiliated
with, advertises on behalf of, arranges moves for, or refers shippers to, including each
mover’s complete name, address, telephone number, email address, Florida Intrastate
Registration Number, and the name of each mover’s owners, corporate officers, and
directors; and
A list of acceptable forms of payment, which must include all of the forms of payment listed
in at least two of the following subparagraphs:
o Cash, cashier’s check, money order, or traveler’s check;
o Valid personal check, showing upon its face the name and address of the shipper or
authorized representative; and
o Valid credit card, which shall include, but not be limited to, Visa or MasterCard.
Violations and Penalties
Section 7 prohibits a moving broker from providing an estimate or entering into a contract or
agreement for moving, loading, shipping, transporting, or unloading services with a shipper
which was not prepared and electronically acknowledged or signed by a mover who is registered
with the department.
Section 8 provides that upon notification and subsequent written verification by a law
enforcement agency, a court, a state attorney, or the Department of Law Enforcement, the
department must immediately suspend a registration or the processing of an application for a
registration if the registrant, applicant, or officer or director of the registrant or applicant is
formally charged with a crime involving fraud, theft, larceny, embezzlement, or fraudulent
conversion or misappropriation of property or a crime arising from conduct during a movement
of household goods until final disposition of the case or removal or resignation of that officer or
director.
Sections 9 and 10 make conforming changes to ss. 507.10 and 507.11, F.S., accordingly, to
incorporate amendments made elsewhere in the bill.
BILL: SB 1106 Page 8
Effective Date
Section 11 creates an effective date of July 1, 2023.
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.
IV. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The public may see a faster resolution to moving disputes that arise due to the provisions
in the bill.
C. Government Sector Impact:
The Department will have to incorporate the changes made by the bill.
V. Technical Deficiencies:
None.
VI. Related Issues:
The bill provides that upon notification and subsequent written verification by a law enforcement
agency, a court, a state attorney, or the Department of Law Enforcement that a registrant,
BILL: SB 1106 Page 9
applicant, or officer or director of the registrant or applicant is formally charged with a crime
involving fraud, theft, larceny, embezzlement, or fraudulent conversion, the Department of
Agriculture and Consumer Services (Department) is required to suspend a registration or the
processing of an application for registration until final disposition of the case or removal or
resignation of that officer or director. However, it is unclear if the Department is receiving
notification and subsequent written verification by a law enforcement agency, a court, a state
attorney, or the Department of Law Enforcement, or alternatively, if the Department is receiving
notification from any person or entity, and then getting a subsequent written verification from
one of the aforementioned entities.
VII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 507.01, 507.02,
507.03, 507.04, 507.05, 507.056, 507.07, 507.09, 507.10, 507.11.
This bill creates s. 507.056 of the Florida Statutes.
VIII. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2023 SB 1106 Florida Senate - 2023 SB 1106
By Senator Hooper
21-00300C-23 20231106__ 21-00300C-23 20231106__
1 A bill to be entitled 30 certain costs; requiring that documents provided to
2 An act relating to household moving services; amending 31 shippers by moving brokers contain specified
3 s. 507.01, F.S.; revising definitions; amending s. 32 information; amending s. 507.07, F.S.; providing that
4 507.02, F.S.; providing construction; amending s. 33 it is a violation of ch. 507, F.S., for moving brokers
5 507.03, F.S.; revising requirements for estimates, 34 to provide estimates or enter into contracts or
6 contracts, and advertisements; conforming a cross- 35 agreements that were not prepared and signed or
7 reference; revising requirements relating to lists 36 electronically acknowledged by a mover; amending s.
8 provided to the Department of Agriculture and Consumer 37 507.09, F.S.; conforming a cross-reference; requiring
9 Services by moving brokers; requiring the department 38 the department, upon verification by certain entities,
10 to publish and maintain a specified list on its 39 to immediately suspend a registration or the
11 website; prohibiting certain persons from operating as 40 processing of an application for a registration in
12 or holding themselves out to be a mover or moving 41 certain circumstances; amending s. 507.10, F.S.;
13 broker without registering with the department; 42 conforming a cross-reference; amending s. 507.11,
14 requiring the department to issue cease and desist 43 F.S.; conforming provisions to changes made by the
15 orders to certain persons under certain circumstances; 44 act; providing an effective date.
16 authorizing the department to seek an immediate 45
17 injunction under certain circumstances; amending s. 46 Be It Enacted by the Legislature of the State of Florida:
18 507.04, F.S.; revising alternative coverage 47
19 requirements; requiring the department to immediately 48 Section 1. Subsections (4), (6), and (10) of section
20 suspend a mover’s or moving broker’s registration 49 507.01, Florida Statutes, are amended to read:
21 under certain circumstances; authorizing the 50 507.01 Definitions.—As used in this chapter, the term:
22 department to seek an immediate injunction under 51 (4) “Contract for service” or “bill of lading” means a
23 certain circumstances; amending s. 507.05, F.S.; 52 written document prepared by a registered mover which is
24 revising requirements for contracts and estimates for 53 approved and electronically acknowledged or signed by the
25 prospective shippers; creating s. 507.056, F.S.; 54 shipper in writing before the performance of any service by the
26 providing limitations and prohibitions for moving 55 mover and which authorizes services from the named mover to
27 brokers; requiring moving brokers to make a specified 56 perform and lists the services and lists all costs associated
28 disclosure to shippers before providing any services; 57 with the household move and accessorial services to be
29 prohibiting moving brokers’ fees from including 58 performed.
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59 (6) “Estimate” means a written document prepared by a 88 directors and the Florida agent of the corporation; a statement
60 registered mover that sets forth the total costs and describes 89 whether it is a domestic or foreign corporation, its state and
61 the basis of those costs, relating to a shipper’s household 90 date of incorporation, its charter number, and, if a foreign
62 move, including, but not limited to, the loading, transportation 91 corporation, the date it registered with the Department of
63 or shipment, and unloading of household goods and accessorial 92 State; the date on which the mover or moving broker registered
64 services. 93 its fictitious name if the mover or moving broker is operating
65 (10) “Moving broker” or “broker” means a person who, for 94 under a fictitious or trade name; the name of all other
66 compensation, arranges with a registered mover for loading, 95 corporations, business entities, and trade names through which
67 transporting or shipping, or unloading of for another person to 96 each owner of the mover or moving broker operated, was known, or
68 load, transport or ship, or unload household goods as part of a 97 did business as a mover or moving broker within the preceding 5
69 household move or who, for compensation, refers a shipper to a 98 years; and proof of the insurance or alternative coverages
70 registered mover by telephone, postal or electronic mail, 99 required under s. 507.04.
71 Internet website, or other means. 100 (2) A certificate evidencing proof of registration shall be
72 Section 2. Present paragraph (b) of subsection (1) of 101 issued by the department and must be prominently displayed in
73 section 507.02, Florida Statutes, is redesignated as paragraph 102 the mover’s or moving broker’s primary place of business.
74 (c), and a new paragraph (b) is added to that subsection, to 103 (5)(a) Each estimate or contract of a mover or moving
75 read: 104 broker must include the phrase “...(NAME OF FIRM)... is
76 507.02 Construction; intent; application.— 105 registered with the State of Florida as a Mover or Moving
77 (1) This chapter shall be construed liberally to: 106 Broker. Fla. Mover Registration No. .....”
78 (b) Establish the law of this state governing the brokering 107 (b) Any document from a moving broker must include the
79 of moves of household goods by moving brokers. 108 phrase “...(NAME OF FIRM)... is registered with the State of
80 Section 3. Subsections (1), (2), (5), (6), (7), (9), and 109 Florida as a Moving Broker. Fla. Moving Broker Registration No.
81 (11) of section 507.03, Florida Statutes, are amended, and 110 .....”
82 subsections (12) and (13) are added to that section, to read: 111 (6)(a) Each advertisement of a mover or moving broker must
83 507.03 Registration.— 112 include the phrase “Fla. Mover Reg. No. ....” or “Fla. IM No.
84 (1) Each mover and moving broker must register with the 113 .....” Each of the mover’s vehicles must clearly and
85 department, providing its legal business and trade name, mailing 114 conspicuously display a sign on the driver’s side door which
86 address, and business locations; the full names, addresses, and 115 includes at least one of these phrases in lettering of at least
87 telephone numbers of its owners, or corporate officers, and 116 1.5 inches in height.
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117 (b) Each advertisement of a moving broker must include the 146 number and the name of each mover’s owners, corporate officers,
118 phrase “Fla. Moving Broker Reg. No. ..... ...(NAME OF MOVING 147 and directors owner or other principal. A moving broker must
119 BROKER)... is a moving broker. ...(NAME OF MOVING BROKER)... is 148 notify the department of any changes to the provided
120 paid by a shipper to arrange, or offer to arrange, the 149 information. The department shall publish and maintain a list of
121 transportation of property by a registered mover.” 150 all moving brokers and the registered movers each moving broker
122 (7) A registration is not valid for any mover or moving 151 is contracted with on its website.
123 broker transacting business at any place other than that 152 (12) A person required to register pursuant to this section
124 designated in the mover’s or moving broker’s application, unless 153 may not operate as or hold itself out to be a mover or moving
125 the department is first notified in writing before any change of 154 broker without first registering with the department pursuant to
126 location. A registration issued under this chapter is not 155 this section.
127 assignable, and the mover or moving broker may not conduct 156 (13) The department must immediately issue a cease and
128 business under more than one name except as registered. A mover 157 desist order to a person upon finding that such person is
129 or moving broker desiring to change its registered name or 158 operating as mover or moving broker without registering pursuant
130 location or designated agent for service of process at a time 159 to this section. In addition, and notwithstanding the
131 other than upon renewal of registration must notify the 160 availability of any administrative relief under chapter 120, the
132 department of the change. 161 department may seek from the appropriate circuit court an
133 (9) The department shall deny or refuse to renew the 162 immediate injunction prohibiting the person from operating in
134 registration of a mover or a moving broker or deny a 163 this state until the person complies with this section, a civil
135 registration or renewal request by any of the mover’s or moving 164 penalty not to exceed $5,000, and court costs.
136 broker’s directors, officers, owners, or general partners if the 165 Section 4. Present subsections (3), (4), and (5) of section
137 mover or moving broker has not satisfied a civil penalty or 166 507.04, Florida Statutes, are redesignated as subsections (4),
138 administrative fine for a violation of s. 507.07(10) s. 167 (5), and (6), respectively, a new subsection (3) is added to
139 507.07(9). 168 that section, and subsection (1) and present subsections (4) and
140 (11) At the request of the department, Each moving broker 169 (5) of that section are amended, to read:
141 shall provide the department with a complete list of the 170 507.04 Required insurance coverages; liability limitations;
142 registered movers that the moving broker has contracted or is 171 valuation coverage.—
143 affiliated with, advertises on behalf of, arranges moves for, or 172 (1) LIABILITY INSURANCE.—
144 refers shippers to, including each mover’s complete name, 173 (a)1. Except as provided in paragraph (b), each mover
145 address, telephone number, and e-mail address, and registration 174 operating in this state must maintain current and valid
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175 liability insurance coverage of at least $10,000 per shipment 204 beneficiary. The department must use the bond or certificate of
176 for the loss or damage of household goods resulting from the 205 deposit exclusively for the payment of claims to consumers who
177 negligence of the mover or its employees or agents. 206 are injured by the fraud, misrepresentation, breach of contract,
178 2. The mover must provide the department with evidence of 207 misfeasance, malfeasance, or financial failure of the mover or
179 liability insurance coverage before the mover is registered with 208 moving broker or by a violation of this chapter by the mover or
180 the department under s. 507.03. All insurance coverage 209 moving broker. Liability for these injuries may be determined in
181 maintained by a mover must remain in effect throughout the 210 an administrative proceeding of the department or through a
182 mover’s registration period. A mover’s failure to maintain 211 civil action in a court of competent jurisdiction. However,
183 insurance coverage in accordance with this paragraph constitutes 212 claims against the bond or certificate of deposit must only be
184 an immediate threat to the public health, safety, and welfare. 213 paid, in amounts not to exceed the determined liability for
185 (b) A mover that operates two or fewer vehicles, in lieu of 214 these injuries, by order of the department in an administrative
186 maintaining the liability insurance coverage required under 215 proceeding. The bond or certificate of deposit is subject to
187 paragraph (a), may, and each moving broker must, maintain one of 216 successive claims, but the aggregate amount of these claims may
188 the following alternative coverages: 217 not exceed the amount of the bond or certificate of deposit.
189 1. A performance bond in the amount of $50,000 $25,000, for 218 (3) REGISTRATION SUSPENSION.—The department must
190 which the surety of the bond must be a surety company authorized 219 immediately suspend a mover’s or moving broker’s registration if
191 to conduct business in this state; or 220 the mover or moving broker fails to maintain the required
192 2. A certificate of deposit in a Florida banking 221 performance bond or the certificate of deposit under subsection
193 institution in the amount of $50,000 $25,000. 222 (1) or the insurance required under subsection (2), and the
194 (c) A moving broker must maintain one of the following 223 mover or moving broker must immediately cease operating as a
195 coverages: 224 mover or moving broker in this state. In addition, and
196 1. A performance bond in the amount of $50,000, for which 225 notwithstanding the availability of any administrative relief
197 the surety of the bond must be a surety company authorized to 226 pursuant to chapter 120, the department may seek from a circuit
198 conduct business in this state; or 227 court an immediate injunction prohibiting the mover or moving
199 2. A certificate of deposit in a Florida banking 228 broker from operating in this state until the mover or moving
200 institution in the amount of $50,000. 229 broker complies with subsections (1) and (2), a civil penalty
201 230 not to exceed $5,000, and court costs.
202 The original bond or certificate of deposit must be filed with 231 (5)(4) LIABILITY LIMITATIONS; VALUATION RATES.—A mover may
203 the department and must designate the department as the sole 232 not limit its liability for the loss or damage of household
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233 goods to a valuation rate that is less than 60 cents per pound 262 507.05 Estimates and contracts for service.—Before
234 per article. A provision of a contract for moving services is 263 providing any moving or accessorial services, an estimate and a
235 void if the provision limits a mover’s liability to a valuation 264 contract and estimate must be prepared by a registered mover and
236 rate that is less than the minimum rate under this subsection. 265 provided to a prospective shipper in writing, and the shipper,
237 If a mover limits its liability for a shipper’s goods, the mover 266 mover, and moving broker, if applicable, must sign or
238 must disclose the limitation, including the valuation rate, to 267 electronically acknowledge and date the estimate and contract.
239 the shipper in writing at the time that the estimate and 268 At a minimum, the estimate and contract for service must be
240 contract for services are executed and before any moving or 269 signed and dated by the shipper and the mover, and must include:
241 accessorial services are provided. The disclosure must also 270 (1) The name, telephone number, and physical address where
242 inform the shipper of the opportunity to purchase valuation 271 the mover’s and moving broker’s employees are available during
243 coverage if the mover offers that coverage under subsection (6) 272 normal business hours.
244 (5). 273 (2) The date the estimate and contract were or estimate is
245 (6)(5) VALUATION COVERAGE.—A mover may offer valuation 274 prepared by the mover and the any proposed date or dates of the
246 coverage to compensate a shipper for the loss or damage of the 275 shipper’s household move, including, but not limited to,
247 shipper’s household goods that are lost or damaged during a 276 loading, transportation, shipment, and unloading of household
248 household move. If a mover offers valuation coverage, the 277 goods and accessorial services.
249 coverage must indemnify the shipper for at least the minimum 278 (3) The name and address of the shipper, the addresses
250 valuation rate required under subsection (5) (4). The mover must 279 where the articles are to be picked up and delivered, and a
251 disclose the terms of the coverage to the shipper in writing at 280 telephone number where the shipper may be reached.
252 the time that the estimate and contract for services are 281 (4) The name, telephone number, and physical address of the
253 executed and before any moving or accessorial services are 282 any location where the household goods will be held pending
254 provided. The disclosure must inform the shipper of the cost of 283 further transportation, including situations in which where the
255 the valuation coverage, the valuation rate of the coverage, and 284 mover retains possession of household goods pending resolution
256 the opportunity to reject the coverage. If valuation coverage 285 of a fee dispute with the shipper.
257 compensates a shipper for at least the minimum valuation rate 286 (5) An itemized breakdown and description and total of all
258 required under subsection (5) (4), the coverage satisfies the 287 costs and services for loading, transportation or shipment,
259 mover’s liability for the minimum valuation rate. 288 unloading, and accessorial services to be provided during a
260 Section 5. Section 507.05, Florida Statutes, is amended to 289 household move or storage of household goods, including the fees
261 read: 290 of a moving broker, if used.
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291 (6) Acceptable forms of payment, which must be clearly and 320 only arrange, or offer to arrange, the transportation of
292 conspicuously disclosed to the shipper on the binding estimate 321 property by a registered mover. A moving broker’s fees may not
293 and the contract for services. A mover must shall accept at 322 include the cost of the shipper’s household move, including, but
294 least a minimum of two of the three following forms of payment: 323 not limited to, the loading, transportation, shipment, or
295 (a) Cash, cashier’s check, money order, or traveler’s 324 unloading of household goods and accessorial services. Any
296 check; 325 document provided to a shipper by a moving broker must include
297 (b) Valid personal check, showing upon its face the name 326 all of the following:
298 and address of the shipper or authorized representative; or 327 (a) The name of the moving broker and the moving broker’s
299 (c) Valid credit card, which shall include, but not be 328 registration number.
300 limited to, Visa or MasterCard. 329 (b) The following statement displayed at the top of the
301 330 document: “...(Name of Moving Broker)... is not a mover.
302 A mover must clearly and conspicuously disclose to the shipper 331 ...(Name of Moving Broker)... is paid by the shipper to arrange,
303 in the estimate and contract for services the forms of payments 332 or offer to arrange, the transportation of property by a
304 the mover will accept, including the forms of payment described 333 registered mover. The moving broker’s fees do not include the
305 in paragraphs (a)-(c). 334 cost of the shipper’s household move, including, but not limited
306 Section 6. Section 507.056, Florida Statutes, is created to 335 to, the loading, transportation, shipment, or unloading of
307 read: 336 household goods and accessorial services.”
308 507.056 Moving brokers; services.— 337 (c) The name, telephone number, and physical address where
309 (1) A moving broker may only arrange with a registered 338 the moving broker’s employees are available during normal
310 mover for the loading, transportation, shipment, or unloading of 339 business hours.
311 household goods as part of a household move or refer a shipper 340 (d) An itemized breakdown and description and total of all
312 to a registered mover. Moving brokers may not give a verbal 341 costs for the moving broker’s fees to arrange with a registered
313 estimate or prepare a written estimate or contract for services 342 mover for the loading, transportation, shipment, or unloading of
314 that sets forth the total costs and describes the basis of those 343 household goods as part of a household move or to refer the
315 costs relating to a shipper’s household move, including, but not 344 shipper to a registered mover.
316 limited to, the loading, transportation, shipment, or unloading 345 (e) A list of all of the registered movers the moving
317 of household goods and accessorial services. 346 broker has contracted with or is affiliated with, advertises on
318 (2) Before providing any service to a prospective shipper, 347 behalf of, arranges moves for, or refers shippers to, including
319 a moving broker must disclose to the shipper that the broker may 348 each mover’s complete name, address, telephone number, e-mail
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349 address, Florida Intrastate Registration Number, and the name of 378 (b) Imposing an administrative fine in the Class II
350 each mover’s owners, corporate officers, and directors. 379 category pursuant to s. 570.971 for each act or omission.
351 (f) A list of acceptable forms of payment, which must 380 However, the department must impose an administrative fine in
352 include all of the forms of payment listed in at least two of 381 the Class IV category for each violation of s. 507.07(10) s.
353 the following subparagraphs: 382 507.07(9) if the department does not seek a civil penalty for
354 1. Cash, cashier’s check, money order, or traveler’s check. 383 the same offense.
355 2. Valid personal check, showing upon its face the name and 384 (c) Directing that the person cease and desist specified
356 address of the shipper or authorized representative. 385 activities.
357 3. Valid credit card, which shall include, but not be 386 (d) Refusing to register or revoking or suspending a
358 limited to, Visa or MasterCard. 387 registration.
359 Section 7. Present subsections (8) and (9) of section 388 (e) Placing the registrant on probation, subject to the
360 507.07, Florida Statutes, are redesignated as subsections (9) 389 conditions specified by the department.
361 and (10), respectively, and a new subsection (8) is added to 390 (2) The department, upon notification and subsequent
362 that section, to read: 391 written verification by a law enforcement agency, a court, a
363 507.07 Violations.—It is a violation of this chapter: 392 state attorney, or the Department of Law Enforcement, must
364 (8) For a moving broker to provide an estimate or enter 393 immediately suspend a registration or the processing of an
365 into a contract or agreement for moving, loading, shipping, 394 application for a registration if the registrant, applicant, or
366 transporting, or unloading services with a shipper which was not 395 officer or director of the registrant or applicant is formally
367 prepared and electronically acknowledged or signed by a mover 396 charged with a crime involving fraud, theft, larceny,
368 who is registered with the department pursuant to this chapter. 397 embezzlement, or fraudulent conversion or misappropriation of
369 Section 8. Section 507.09, Florida Statutes, is amended to 398 property or a crime arising from conduct during a movement of
370 read: 399 household goods until final disposition of the case or removal
371 507.09 Administrative remedies; penalties.— 400 or resignation of that officer or director.
372 (1) The department may enter an order doing one or more of 401 (3) The administrative proceedings that which could result
373 the following if the department finds that a mover or moving 402 in the entry of an order imposing any of the penalties specified
374 broker, or a person employed or contracted by a mover or broker, 403 in subsection (1) or subsection (2) are governed by chapter 120.
375 has violated or is operating in violation of this chapter or the 404 (4)(3) The department may adopt rules under ss. 120.536(1)
376 rules or orders issued pursuant to this chapter: 405 and 120.54 to administer this chapter.
377 (a) Issuing a notice of noncompliance under s. 120.695. 406 Section 9. Subsection (2) of section 507.10, Florida
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Florida Senate - 2023 SB 1106
21-00300C-23 20231106__
407 Statutes, is amended to read:
408 507.10 Civil penalties; remedies.—
409 (2) The department may seek a civil penalty in the Class II
410 category pursuant to s. 570.971 for each violation of this
411 chapter. However, the department must seek a civil penalty in
412 the Class IV category for each violation of s. 507.07(10) s.
413 507.07(9) if the department does not impose an administrative
414 fine for the same offense.
415 Section 10. Subsection (1) of section 507.11, Florida
416 Statutes, is amended to read:
417 507.11 Criminal penalties.—
418 (1) The refusal of a mover or a mover’s employee, agent, or
419 contractor to comply with an order from a law enforcement
420 officer to relinquish a shipper’s household goods after the
421 officer determines that the shipper has tendered payment of the
422 amount of a written estimate or contract, or after the officer
423 determines that the mover did not produce a signed or
424 electronically acknowledged binding estimate or contract for
425 service upon which demand is being made for payment, is a felony
426 of the third degree, punishable as provided in s. 775.082, s.
427 775.083, or s. 775.084. A mover’s compliance with an order from
428 a law enforcement officer to relinquish goods to a shipper is
429 not a waiver or finding of fact regarding any right to seek
430 further payment from the shipper.
431 Section 11. This act shall take effect July 1, 2023.
Page 15 of 15
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The Florida Senate
3 htbz APPEARANCE RECORD sbt l0 6
Meeting Date Bill Number orTopic
Deliver both copies of this form to
ttrr U u r)5 Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name rr (/ Phone ag2 '*z-t --ua f
Address
Street
7/ 2" Email rs . (
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City
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State
324rs Zip
Speaking: S-"" I Against I lnformation OR Waive Speaking: p,nrurro,, I Asainst
PLEASE CHECK ONE OF THE FOLLOWING:
am appearing without lam a registered lobbyist, I am not a lobbyist, but received
compensation or sponsorship. representing: something of value for my appearance
(travel, meals, lodging, etc.),
sponsored by:
This form is part of the public record for this meeting. s-ool (o8/1o/2o21)
4
Date
?zZS
The Florida Senate
APPEARANCE RECORD
Deliver both copies of this form to
sB //ob Bill Number orTopic
eA/:€ Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name {/r4 bazzar't Phone 8{o^,tvi- 60 67
Address /G /5 e lb fzz Email / , &trt
fr"*
Street
rL 3 z3/"2-- n2rn#ran',aL. Czn+
City State Zip
speaking: ! ngainst I lnformation OR waivespeaking: I tnsupport I Asainst
)+",
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without lam a registered lobbyist, I am not a lobbyist, but received
tr compensation or sponsorship. representing: something of value for my appearance
(travel, meals, lodging, etc.),
sponsored by:
This form is part of the public record for this meeting. s-001 (08/10/2021)
The Florida Senate
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 1108
INTRODUCER: Commerce and Tourism Committee and Senator Hooper
SUBJECT: Fees/Moving Brokers
DATE: March 28, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Fav/CS
2. AEG
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/SB 1108 requires registration fees to be calculated at the rate of $600 per year, per moving
broker. Currently, s. 507.03, F.S., provides that each mover and moving broker must register
with the Department of Agriculture and Consumer Services (Department) and registration fees
are calculated at the rate of $300 per year per mover or moving broker. All amounts collected are
deposited by the Chief Financial Officer to the credit of the Department’s General Inspection
Trust Fund.
SB 1106 is a linked bill that amends ch. 507, F.S., to broaden protections for consumers who use
intrastate moving services.
See Section V, Fiscal Impact Statement.
The bill is effective on the same date that SB 1106 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or any extension and becomes a law.
II. Present Situation:
Florida (Intrastate) Mover Regulations
Chapter 507, F.S., governs the loading, transportation, shipment, unloading, and affiliated
storage of household goods as part of intrastate household moves. The chapter applies to any
BILL: CS/SB 1108 Page 2
mover or moving broker engaged in intrastate transportation or shipment of household goods that
originates and terminates in Florida.1 These regulations co-exist with federal law, which governs
interstate moving of household goods.2
A “mover” is a person who, for compensation, contracts for or engages in the loading,
transportation, shipment, or unloading of household goods as part of a household move.3 A
“moving broker” arranges for another person to load, transport, ship, or unload household goods
as part of a household move or who refers a shipper to a mover by telephone, postal, or
electronic mail, website, or other means.4
Movers and moving brokers who do business in Florida must register annually with the
Department of Agriculture and Consumer Services (Department).5 As of March 21, 2023, there
were 1,792 movers and 48 moving brokers with active Florida registrations.6 In order to obtain a
registration certificate, the mover or moving broker must file an application, pay a $300 annual
registration fee, and meet certain statutory qualifications, including proof of insurance coverage.7
III. Effect of Proposed Changes:
The bill requires registration fees to be calculated at the rate of $600 per year per moving broker.
The bill is effective on the same date that SB 1106 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or any extension and becomes a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
1
Section 507.02, F.S.
2
Interstate movers in the U.S. must be licensed by the Department of Transportation’s Federal Motor Carrier Safety
Administration (FMCSA).
3
Section 507.01(9), F.S.
4
Section 507.01(10), F.S.
5
Florida Department of Agriculture and Consumer Services (FDACS), Moving Companies: Who has to Register?, available
at https://www.fdacs.gov/Business-Services/Moving-Companies (last visited Mar. 28, 2023).
6
FDACS, License/Complaint Lookup, available at https://csapp.fdacs.gov/cspublicapp/businesssearch/businesssearch.aspx
(last visited Mar. 28, 2023). Search by “program.”
7
Section 507.03, F.S.
BILL: CS/SB 1108 Page 3
D. State Tax or Fee Increases:
Section 19, Art. VII of the State Constitution limits the authority of the legislature to
enact legislation that imposes or raises a state tax or fee by requiring such legislation to
be approved by a 2/3 vote of each chamber of the legislature. Such state tax or fee
imposed, authorized, or raised must be contained in a separate bill that contains no other
subject. For purposes of this limitation, the term “fee” is defined, in pertinent part, to
mean any charge or payment required by law, including any fee for service, fee or cost
for licenses, and charge for service.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The bill requires registration fees to be calculated at the rate of $600 per year, per moving
broker. Currently, the fee for a moving broker is $300 per year.
B. Private Sector Impact:
Beginning July 1, 2023, moving brokers in Florida will be required to pay registration
fees at the rate of $600 per year per moving broker.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
As required for all fee bills linked to a substantive bill, a technical amendment is required to
insert the number of the linked bill SB 1106. Staff has prepared the required technical
amendment to insert the linked bill number into the bill.
VIII. Statutes Affected:
This bill substantially amends section 507.03 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.)
BILL: CS/SB 1108 Page 4
CS by Commerce and Tourism on March 27, 2023:
The committee substitute provides that the bill will take effect on the same date that SB
1106 or similar legislation takes effect.
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
Bill No. SB 1108
Ì552372%Î552372
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/27/2023 .
.
.
.
The Committee on Commerce and Tourism (Hooper) recommended the
following:
1 Senate Amendment
2
3 Delete lines 17 - 18
4 and insert:
5 Section 2. This act shall take effect on the same date that
6 SB 1106 or similar legislation takes effect, if such legislation
Page 1 of 1
3/23/2023 4:30:43 PM CM.CM.02989
Florida Senate - 2023 SB 1108
By Senator Hooper
21-02078-23 20231108__
1 A bill to be entitled
2 An act relating to fees; amending s. 507.03, F.S.;
3 revising registration fees for moving brokers;
4 providing a contingent effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Paragraph (a) of subsection (3) of section
9 507.03, Florida Statutes, is amended to read:
10 507.03 Registration.—
11 (3)(a) Registration fees shall be calculated at the rate of
12 $300 per year per mover and $600 per year per or moving broker.
13 All amounts collected shall be deposited by the Chief Financial
14 Officer to the credit of the General Inspection Trust Fund of
15 the department for the sole purpose of administration of this
16 chapter.
17 Section 2. This act shall take effect on the same date that
18 SB ___ or similar legislation takes effect, if such legislation
19 is adopted in the same legislative session or an extension
20 thereof and becomes a law.
Page 1 of 1
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1664
INTRODUCER: Commerce and Tourism Committee and Senator Hooper
SUBJECT: Economic Development
DATE: March 28, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Fav/CS
2. ATD
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1664 modifies provisions related to economic development and the Department of
Economic Opportunity (DEO), including:
Requiring the Secretary of the DEO to appoint deputy secretaries for the Division of
Strategic Business Development, the Division of Community Development, and the Division
of Workforce Services; and to appoint directors for the Division of Finance and
Administration and the Division of Information Technology;
Revising the list of local governments affected by Naval Support Activity Orlando to include
Lake, Marion, and Sumter Counties and Groveland, Howey-in-the-Hills, Leesburg, and
Wildwood to encourage compatible land use;
Exempting any loan made with funds administered by the DEO from the documentary stamp
tax;
Specifying that funding provided under the Regional Rural Development Grant Program are
not matching grants and removing the requirement that an applicant must show proof that
each local government and the private sector made a financial or in-kind commitment to the
regional organization in order to receive funding;
Removing the requirement that repaid funds from the Rural Community Development
Revolving Loan Fund be matched in order to be retained to fund future loans;
Revising the uses of the Rural Infrastructure Fund to remove the requirement that grants be
linked to financing specific projects; specifies that funds may not be used to serve any retail
end user that already has access to broadband Internet service; increases the proportion of an
infrastructure project that may be covered by the grant from 50 percent to 75 percent and
BILL: CS/SB 1664 Page 2
increase the maximum grant for infrastructure feasibility studies and certain other activities
to $300,000 for all projects; removes the local match requirement for surveys, feasibility
studies, and other activities related to the identification and preclearance review of land
which is suitable for preclearance review; and removes the requirement that a grant for an
employment project create a minimum number of jobs;
Specifying that the term “public infrastructure projects” includes projects for workforce
housing in terms of awards that may be provided through Triumph Gulf Coast, Inc.;
Clarifying a public records exemption;
Deleting the July 1, 2023 repeal of the Florida Development Finance Corporation;
Renaming the Florida Defense Support Task Force the Florida Defense Support Council; and
Requiring, rather than authorizing, the DEO to adopt rules related to the Everglades
Restoration Agricultural Community Employment Training Program, and providing that the
DEO must use program funds to provide grants to stimulate and support employer-based
training programs and institution-based training programs that seek to match persons to
nonagricultural employment opportunities in the Everglades Agricultural Area and certain
rural areas of opportunity.
The bill exempts loans made with funds administered by the DEO from the documentary stamp
tax, which could result in a positive fiscal impact for loan recipients. The bill does not affect
state revenues or expenditures relating to the Rural Development Grants Program, Rural
Community Development Revolving Loan Fund, and the Rural Infrastructure Fund. However,
the removal of match requirements and the increase in allowable grant awards under the Rural
Infrastructure Fund may limit the total number of grants awarded if funding of these programs
remains unchanged. 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:
Department of Economic Opportunity (DEO) (Section 1)
Present Situation
The Department of Economic Opportunity (DEO) is tasked with assisting the Governor in
working with the Legislature, state agencies, business leaders, and economic development
professionals to formulate and implement coherent and consistent policies and strategies
designed to promote economic opportunities for all Floridians.1 The DEO must also ensure that
the state’s goals and policies relating to economic development, workforce development,
1
Section 20.60(4), F.S.
BILL: CS/SB 1664 Page 3
community planning and development, and affordable housing are fully integrated with
appropriate implementation strategies.2
To achieve these goals, the Legislature established seven divisions and offices within the DEO:
Strategic Business Development
Community Development
Workforce Services
Finance and Administration
Division of Information Technology
Office of the Secretary
Office of Economic Accountability and Transparency3
The seven divisions and offices help fulfill the DEO’s statutorily mandated responsibilities,
which include:
Facilitating the direct involvement of the Governor and the Lieutenant Governor in economic
development and workforce development projects designed to create, expand, and retain
businesses in Florida, to recruit business from around the world, and to facilitate other job-
creating efforts.
Recruiting new businesses to this state and promote the expansion of existing businesses by
expediting permitting and location decisions, worker placement and training, and incentive
awards.
Promoting viable, sustainable communities by providing technical assistance and guidance
on growth and development issues, grants, and other assistance to local communities.
Ensuring that the state’s goals and policies relating to economic development, workforce
development, community planning and development, and affordable housing are fully
integrated with appropriate implementation strategies.
Managing the activities of public-private partnerships and state agencies in order to avoid
duplication and promote coordinated and consistent implementation of programs in areas
including, but not limited to, tourism; international trade and investment; business
recruitment, creation, retention, and expansion; minority and small business development;
rural community development; and the development and promotion of professional and
amateur sporting events.
Coordinating with state agencies on the processing of state development approvals or permits
to minimize the duplication of information provided by the applicant and the time before
approval or disapproval.4
The Secretary may create offices within the Office of the Secretary and within the divisions to
promote efficient and effective operation of the DEO.5
2
OPPAGA, Program Summary: Department of Economic Opportunity, available at
https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=6101 (last visited March 24, 2023).
3
Section 20.60(3), F.S.
4
Section 20.60(4), F.S.
5
Section 20.60(3)(b), F.S.
BILL: CS/SB 1664 Page 4
Effect of Proposed Changes
Section 1 amends s. 20.60(3)(b), F.S., to require the Secretary of the DEO to appoint deputy
secretaries for the Division of Strategic Business Development, the Division of Community
Development, and the Division of Workforce Services. The Secretary is also required to appoint
directors for the Division of Finance and Administration and the Division of Information
Technology.
Compatibility of Development with Military Installations (Section 2)
Present Situation
Section 163.3175(2), F.S., identifies the major military installations that, due to their mission and
activities, have a greater potential for experiencing compatibility and coordination issues than
others, and identifies the local governments proximate to these installations that are required to
address compatibility of land development with military installations in their comprehensive
plans.
Currently, there are 16 military installations that cooperate with local governments to encourage
compatible land use, help prevent incompatible encroachment, and facilitate the continued
presence of major military installations in Florida.6 Included on the list is Naval Support Activity
Orlando, including Bugg Spring and Naval Ordnance Test unit associated with Orange County
and the city of Orlando.
Effect of Proposed Changes
Section 2 amends s. 163.3175(2), F.S., to revise the list of local governments affected by Naval
Support Activity Orlando to include Lake, Marion, and Sumter Counties and Groveland, Howey-
in-the-Hills, Leesburg, and Wildwood.
The bill also amends s. 163.3175(3), F.S., to rename the Florida Defense Support Task Force the
Florida Defense Support Council to conform to the changes made in section 12 of the bill.
Tax Exemptions for Certain Loans (Section 3)
Present Situation
Florida levies a documentary stamp tax on certain documents executed, delivered, or recorded in
Florida. The most common examples are documents that transfer an interest in Florida real
property, such as deeds; and mortgages and written obligations to pay money, such as
promissory notes.7
6
See s. 163.3175(2)(a)-(p), F.S., which lists each affected military installation and its related communities.
7
Florida Department of Revenue, Florida Documentary Stamp Tax, available at
https://floridarevenue.com/taxes/taxesfees/pages/doc_stamp.aspx (last visited March 24, 2023).
BILL: CS/SB 1664 Page 5
The tax on deeds and other documents related to real property is 70 cents per $100,8 and the tax
on bonds, debentures, certificates of indebtedness, promissory notes, nonnegotiable notes, and
other written obligations to pay money is 35 cents per $100.9 Documentary stamp taxes levied on
promissory notes, nonnegotiable notes, and written obligations may not exceed $2,450.10
Chapter 201, F.S., provides that certain transactions are exempt from the documentary stamp tax.
Notably, s. 201.25, F.S., exempts loans made by the Small Business Emergency Bridge Loan
Program in response to a disaster for which the Governor declares a state of emergency, any loan
made by the Agricultural Economic Development Program11 used to aid agricultural producers
who experienced losses from a natural disaster or a socioeconomic condition or event, and any
federal loan that is related to a state of emergency declared by executive order or proclamation of
the Governor pursuant to s. 252.36, F.S.
Effect of Proposed Changes
Section 3 amends s. 201.25, F.S., to exempt any loan made with funds administered by the DEO
from the documentary stamp tax.
Regional Rural Development Grants Program (Section 4)
Present Situation
The Regional Rural Development Grants Program was established to provide funding, through
matching grants, to build the professional capacity of regionally based economic development
organizations located in rural communities. The concept of building the “professional capacity”
of an economic development organization includes hiring professional staff to develop, deliver,
and provide economic development professional services. Professional services includes
technical assistance, education and leadership development, marketing, and project
recruitment.12
Applications submitted to the DEO for funding through this program must provide proof:13
Of official commitments of support from each of the units of local government represented
by the regional organization;
That each local government has made a financial or in-kind commitments to the regional
organization;
That the private sector has made financial or in-kind commitments to the regional
organization;
That the regional organization is in existence and actively involved in economic development
activities serving the region; and
Of the manner in which the organization coordinates its efforts with those other local and
state organizations.
8
Section 201.02(1)(a), F.S.
9
Sections 201.07 and 201.08(1)(b), F.S.
10
Section 201.08(1)(a), F.S.
11
See Section 570.82, F.S.
12
Section 288.018(1)(b), F.S.
13
Section 288.018(2), F.S.
BILL: CS/SB 1664 Page 6
An organization may receive up to $50,000 a year or $250,000 if located in a rural area of
opportunity (RAO).14 Grants must be matched by an amount of non-state resources equal to 25
percent of the state contribution. The DEO is authorized to spend up to $750,000 each fiscal year
from funds appropriated to the Rural Community Development Revolving Loan Fund to carry
out this program.15
Effect of Proposed Changes
Section 4 amends s. 288.018, F.S., to specify that funding provided under the program is not
required to be matched. The bill eliminates the requirement that grant funds received by a
regional economic development organization must be matched each year by nonstate resources
in an amount equal to 25 percent of the state contributions. The bill also removes the requirement
that an applicant must show proof that each local government and the private sector made a
financial or in-kind commitment to the regional organization in order to receive funding.
Rural Community Development Revolving Loan Fund (Section 5)
Present Situation
The Rural Community Development Revolving Loan Fund Program was created to facilitate the
use of existing federal, state, and local financial resources by providing local governments with
financial assistance to further promote the economic viability of rural communities.16
The program provides term loans to local governments, or economic development organizations
substantially underwritten by a unit of local government, within counties with populations of
75,000 or fewer or a contiguous county of 125,000 or fewer.17
Loan repayments are generally returned to the loan fund to be made available to other applicants,
but repayments made by an applicant in an RAO may be retained by the applicant if the
repayments are dedicated and matched to fund regionally based economic development
organizations representing the RAO and if retention of funds is approved by the DEO.18
Effect of Proposed Changes
Section 5 amends s. 288.065, F.S., to remove the requirement that funds be matched by the local
government, or an economic development organization substantially underwritten by a local
government, as long as the funds are retained for the purpose of funding regionally based
economic development organizations representing the RAO.
14
Section 288.018(1)(c), F.S.
15
Section 288.018(4), F.S.
16
Section 288.065(1), F.S.
17
Section 288.065(2)(a), F.S.
18
Section 288.065(2)(c), F.S.
BILL: CS/SB 1664 Page 7
Rural Infrastructure Fund (Section 6)
Present Situation
The Rural Infrastructure Fund is a grant program created to facilitate the planning, preparing, and
financing of infrastructure projects in rural communities.19 The program provides access to
federal and state infrastructure funding programs, including, but not limited to, those offered by
the United States Departments of Agriculture and Commerce.20 The program funds total
infrastructure project grants, infrastructure feasibility grants, and preclearance review grants.
The DEO may award grants for up to 50 percent of the total infrastructure project cost.21 Projects
must be related to specific job-creation or job-retention opportunities. Additionally, projects may
include improving any inadequate infrastructure that has resulted in regulatory action that
prohibits economic or community growth or reducing the costs to community users of proposed
infrastructure improvements that exceed such costs in comparable communities, and improving
the access availability of broadband Internet service.
Eligible uses of funds include improvements to public infrastructure for industrial or commercial
sites, upgrades to or development of public tourism infrastructure, and improvements to
broadband Internet service and access in unserved or underserved rural communities.22
Infrastructure can include public or public-private partnership facilities, like storm water
systems, telecommunication, broadband, roads, and nature-based tourism.23
The infrastructure feasibility grant provides awards of up to 30 percent of the total project costs
for infrastructure feasibility studies, design and engineering activities, or other infrastructure
planning and preparation activities.24 Maximum awards are dependent on the number of jobs that
a business commits to create and may be up to $300,000 if the project is located in a RAO. The
total project participation grant may be used in conjunction with the infrastructure feasibility
grant.
The preclearance review grant provides awards to help a local government participate in
expedited permitting processes through technical assistance in preparing permit applications and
local comprehensive plan amendments.25 Grants may be used for surveys, feasibility studies, and
other activities related to the identification and preclearance review of land use modifications.
Grants are limited to $75,000 and must be matched 50 percent with local funds. However,
projects in a RAO may receive up to $300,000 and must be matched 33 percent with local
funds.26
19
See s. 288.0655, F.S.
20
Section 288.0655(2)(b), F.S.
21
Id.
22
Id.
23
Broadband Internet service must be provided in partnership with one or more dealers of communications services. Section
288.0655(2)(b), F.S.
24
Section 288.0655(2)(c), F.S.
25
Section 288.0655(2)(e), F.S. See s. 403.9739(18), F.S., for the expedited permitting process.
26
Section 288.0655(2)(e), F.S.
BILL: CS/SB 1664 Page 8
Grant applications are reviewed and certified by the DEO in consultation with Enterprise Florida,
Inc., VISIT Florida, the Department of Environmental Protection, and the Florida Fish and
Wildlife Conservation Commission.27 Reviews include an evaluation of the economic benefit of
the projects and their long-term viability.
A total of $30 million in funding was made through the Rural Infrastructure Fund for Fiscal Year
2022-2023. Twenty-five million was available for eligible rural communities statewide and an
additional $5 million was available specifically for Florida Panhandle counties.28
Effect of Proposed Changes
Section 6 amends s. 288.0655, F.S., to increase the maximum grant award from 50 percent to 75
percent of the total infrastructure cost, or up to 100 percent of the total infrastructure project cost
for a project that is located in a rural community29 or a RAO and that is also located in a fiscally
constrained county.30 The bill removes the requirement that projects must be linked to financing
specific projects.
The bill increases the maximum grant for infrastructure feasibility studies, design and
engineering activities, or other infrastructure planning and preparation activities to $300,000 for
all projects. It removes the limitation that the grant not exceed 30 percent of the total project
cost.
The bill removes the local match requirement for surveys, feasibility studies, and other activities
related to the identification and preclearance review of land which is suitable for preclearance
review. It also removes the requirement that a grant for an employment project create or retain a
minimum number of jobs.
The bill also specifies that funds may not be used to serve any retail end user that already has
access to broadband Internet service.
Confidentiality of Records (Section 7)
Present Situation
Section 288.075, F.S., provides for a number of temporary public records exemptions for
information held by an economic development agency, including:
27
Section 288.0655(3), F.S.
28
Department of Economic Opportunity, Rural Infrastructure Fund, available at https://floridajobs.org/community-planning-
and-development/rural-community-programs/rural-infrastructure-fund (last visited March 24, 2023).
29
“Rural community” means (1) A county with a population of 75,000 or fewer; (2) A county with a population of 125,000
or fewer which is contiguous to a county with a population of 75,000 or fewer; (3) A municipality within a county described
in subparagraph 1. or subparagraph 2; or (4) An unincorporated federal enterprise community or an incorporated rural city
with a population of 25,000 or fewer and an employment base focused on traditional agricultural or resource-based
industries, located in a county not defined as rural, which has at least three or more of the economic distress factors identified
in paragraph (c) and verified by the department. Section 288.0656(2)(e), F.S.
30
A fiscally constrained country is any county that is entirely within a rural area of opportunity as designated by the
Governor pursuant to s. 288.0656 or each county for which the value of a mill will raise no more than $5 million in revenue,
based on the taxable value certified pursuant to s. 1011.62(4)(a)1.a., from the previous July 1. Section 218.67(1), F.S.
BILL: CS/SB 1664 Page 9
Information concerning a corporation’s plans to relocate or expand any of its business
activities in the state for 12 months after the date an economic development agency receives
a request for confidentiality or until the information is otherwise disclosed;
Proprietary confidential business information, until the information becomes publicly
available or is no longer treated by the proprietor as confidential;
Specific sales, employee wage, and tax information the administration of an economic
incentive program for qualified businesses for the duration of the incentive agreement or
upon termination of the agreement; and
Certain information held by an economic development agency pursuant to its administration
of a state or federal funded small business loan program.
Section 288.075(1)(a), F.S., defines an “economic development agency” as:
The Department of Economic Opportunity;
Any industrial development authority created in accordance with part III of chapter 159, F.S.,
or by special law;
Space Florida;
The public economic development agency of a county or municipality or, if the county or
municipality does not have a public economic development agency, the county or municipal
officers or employees assigned the duty to promote the general business interests or industrial
interests of that county or municipality or the responsibilities related thereto;
Any research and development authority created in accordance of part V of chapter 159, F.S.;
or
Any private agency, person, partnership, corporation, or business entity when authorized by
the state, a municipality, or a county to promote the general business interests or industrial
interests of the state or that municipality or county.
Effect of Proposed Changes
Section 7 amends s. 288.075(1)(a), F.S. to provide that the public economic development agency
of a county or municipality or the county or municipal officers or employees assigned the duty to
promote the general business interests or industrial interests of that county or municipality are
considered an economic development agency for purposes of the public records exemption.
Triumph Gulf Coast, Inc. (Section 8)
Present Situation
Pursuant to the Gulf Coast Economic Corridor Act,31 Triumph Gulf Coast, Inc.,32 a nonprofit
corporation, oversees the expenditure of the immediate transfer of 75 percent of all funds
recovered by the Attorney General33 for economic damages to the state that resulted from the
31
Chapter 2013-39, s. 51, Laws of Fla.
32
Section 288.8013, F.S., establishes the corporation.
33
Following the oil spill, the State of Florida sued B.P. for the economic damages it sustained; entered into a settlement
agreement whereby the State will receive a total of $2 Billion dollars over an 18 year period. Attorney General Pam Bondi
received BP’s initial settlement payment of $400 million in July of 2016, and the funds were placed into the state General
Revenue Fund. Thirteen subsequent settlement payments are scheduled to be paid annually to the state in the amount of
$106,666,666 from 2019 until 2033. See s. 288.8013(2), F.S.
BILL: CS/SB 1664 Page 10
2010 Deepwater Horizon oil spill. Triumph Gulf Coast, Inc., must use the funds for the recovery,
diversification, and enhancement of the following eight counties disproportionately affected by
the oil spill: Bay, Escambia, Gulf, Franklin, Okaloosa, Santa Rosa, Wakulla, and Walton.34
The awards for projects or programs within the boundaries of each disproportionately affected
county are based on the following minimum allocations:
At least 40 percent of the moneys transferred to Triumph Gulf Coast, Inc., before July, 2017,
must be allocated equally among the eight disproportionately affected counties based on a
minimum allocation of at least 5 percent per county.
For each subsequent transfer of funds to Triumph Gulf Coast, Inc., at least 32 percent of the
moneys must be allocated equally among the eight disproportionately affected counties based
on a minimum allocation of at least 4 percent per county.35
Awards may be provided for:
Ad valorem tax rate reduction within disproportionately affected counties;
Local match requirements for Rural Infrastructure Fund projects in the disproportionately
affected counties;
Public infrastructure projects for construction, expansion, or maintenance which are shown to
enhance economic recovery, diversification, and enhancement of the disproportionately
affected counties;
Grants to local governments in the disproportionately affected counties to establish and
maintain equipment and trained personnel for local action plans of response to respond to
disasters, such as plans created for the Coastal Impacts Assistance Program;
Grants to support programs that prepare students for future occupations and careers at K-20
institutions that have campuses in the disproportionately affected counties. Eligible programs
include those that increase students’ technology skills and knowledge; encourage industry
certifications; provide rigorous, alternative pathways for students to meet high school
graduation requirements; strengthen career readiness initiatives; fund high-demand programs
of emphasis at the bachelor’s and master’s level designated by the Board of Governors; and,
similar to or the same as talent retention programs created by the Chancellor of the State
University System and the Commission of Education, encourage students with interest or
aptitude for science, technology, engineering, mathematics, and medical disciplines to pursue
postsecondary education at a state university or a Florida College System institution within
the disproportionately affected counties;
Grants to support programs that provide participants in the disproportionately affected
counties with transferable, sustainable workforce skills that are not confined to a single
employer; and
Grants to Visit Florida for the purpose of advertising and promoting tourism and Fresh From
Florida, and grants to promote workforce and infrastructure, on behalf of all of the
disproportionately affected counties.36
For Fiscal Year 2022-2023, funds were deposited into the Rebuild Florida Revolving Loan Fund
program (rebranded as Rebuild Florida Business Loan Fund) to assist businesses impacted by
34
Triumph Gulf Coast, Inc., Home, available at https://www.myfloridatriumph.com/ (last visited March 28, 2023).
35
Section 288.8013(2)(b), F.S.
36
Section 288.8017(1), F.S.
BILL: CS/SB 1664 Page 11
Hurricane Michael. Funds are designated specifically for businesses located in Bay, Calhoun,
Franklin, Gadsden, Gulf, Holmes, Jackson, Leon, Liberty, Taylor, Wakulla and Washington
counties.37
Effect of Proposed Changes
Section 8 amends s. 288.8017, F.S., to specify that the awards that may be given for public
infrastructure projects includes projects for workforce housing.
Florida Development Finance Corporation (Section 9)
Present Situation
Operation
The Florida Development Finance Corporation (FDFC) is a statewide development financing
authority created by the Legislature in 1993.38 The original purpose of the FDFC was to foster
the growth of manufacturing and other strong job-creating businesses in Florida by brokering
private-activity bond financing through inter-local agreements with counties, municipalities, and
other local political subdivisions.39
In the 2010 legislative session, the FDFC’s responsibilities were broadened to allow it to
participate in a federal Department of Energy guaranteed loan program for the development of
renewable energy infrastructure projects, and related energy projects that may be eligible under
federal law.40 The FDFC has the power to function within the corporate limits of any public
agency including local governments with which it enters into an inter-local agreement.41
Pursuant to s. 288.9605, F.S., the FDFC operates as a conduit bond issuer that issues bonds on
behalf of borrowers. While the FDFC functions as a mechanism to help borrowers access capital
markets, it does not take on responsibility of debt repayment, even when a borrower fails to
repay. Conversely, the FDFC does not guarantee the bonds it issues but certain borrowers may
opt in to the guaranty fund established by the FDFC pursuant to s. 288.9607, F.S., which
guarantees that the bonds issued will be repaid. This guaranty fund consists of premiums paid by
businesses that wish to participate in the fund and by a property interest in the infrastructure built
with the insured bond’s proceeds.42
A majority of the FDFC’s financial assistance results from the issuance of municipal bonds, of
which it may issue either a taxable revenue bond or a tax-exempt bond.43 The bonds issued can
37
Section 288.80125(3), F.S.
38
Chapter 288, Part X, F.S. The corporation was created as a “public body corporate and politic” meaning that it is a legal
entity or corporation with a public function. Ch. 93-187, ss. 24-45, Laws of Fla.
39
Section 288.9602, F.S., generally expresses the legislative intent of the FDFC.
40
Sections 2-10, ch. 2010-139, Laws of Fla.
41
Section 288.9605(2)(e), F.S.
42
The guaranty may not exceed 5 percent of the aggregate principal amount of bonds or other indebtedness relating to any
capital project. Section 288.9607, F.S.
43
Florida Development Finance Corporation, About Us, available at https://www.fdfcbonds.com/about (last visited March
24, 2023).
BILL: CS/SB 1664 Page 12
provide financing for projects that further public purposes and are issued on behalf of a range of
organizations.
Tax exempt bonds, known also as private activity bonds, require additional borrower
qualification processes, including approval pursuant to the Tax Equity and Fiscal Responsibility
Act of 1986 (TEFRA) and allocation from the Florida State Board of Administration’s Division
of Bond Finance. These bonds are more lucrative financing options because they tend to have a
lower interest rate than bank loans or taxable fixed-income securities, and investors benefit by
not paying income taxes on interest payments.44 The FDFC helps its borrowers pursue private
activity bonds by assisting them with the additional qualification processes.45
During fiscal year 2021-2022, the FDFC facilitated the authorization and issuance of 24 private
activity bonds totaling $2,107,659,000. The borrowers served by these bonds include 11 charter
schools, four senior living facilities, four healthcare facilities, two transportation facilities, two
not-for-profits, and one private school. 46
The FDFC also administers the Property Assessed Clean Energy (PACE) program, for which it
may issue bonds and other financial assistance that supports energy conservation.47 PACE allows
for the repayment of debt to be paid through a property tax bill and typical measures funded by
the program include HVAC, elevators, lighting, solar, and water fixtures.48 The PACE program
issued $37,535,012 in financing for seven projects in fiscal year 2021-2022.49
Governance and Administration
The FDFC is governed by a seven-member board of directors. The Secretary of the DEO must
serve as chair of the board of directors, and the director of the Division of Bond Finance of the
State Board of Administration must serve as a director on the board of directors. The remaining
five directors must be appointed by the Governor and confirmed by the Senate for four-year
terms.50 At least three of the appointed directors must have experience in finance, and one of the
directors must have experience in economic development.51
The FDFC stands repealed on July 1, 2023.52
44
Grant A. Driessen, Congressional Research Service, Private Activity Bonds: An Introduction (January 31, 2022), available
at https://crsreports.congress.gov/product/pdf/RL/RL31457 ,(last visited March 24, 2023).
45
Florida Development Finance Corporation, Private Activity Bonds, available at https://www.fdfcbonds.com/pab (last
visited March 24, 2023).
46
Florida Development Finance Corporation, 2021-2022 Annual Report. (On file with the Senate Commerce and Tourism
Committee).
47
Florida Development Finance Corporation, Property Assessed Clean Energy “PACE” – Commercial PACE, available at
https://www.fdfcbonds.com/cpace (last visited March 24, 2023).
48
Id.
49
Supra note 45.
50
Section 288.9604(2), F.S.
51
Id.
52
Chapter 2020-30, Laws of Fla.
BILL: CS/SB 1664 Page 13
Effect of Proposed Changes
Section 9 amends s. 288.9604, F.S., to delete the July 1, 2023, repeal of the FDFC.
Florida Defense Support Task Force (Section 12)
Present Situation
In 2011,53 the Legislature created the Florida Defense Support Task Force (task force) with the
mission to make recommendations to preserve and protect military installations to support the
state’s position in research and development related to or arising out of military missions and
contracting, and to improve the state’s military-friendly environment for servicemembers,
military dependents, military retirees, and businesses that bring military and base-related jobs to
the state.54
The task force is comprised of the Governor, or his or her designee, and 12 members
representing defense-related industries or communities that host military bases and
installations.55
The DEO is required to contract with the task force for the expenditure of appropriated funds,
which may be used by the task force for:
Economic and product research and development;
Joint planning with host communities to accommodate military missions and prevent base
encroachment;
Advocacy on the state’s behalf with federal civilian and military officials;
Assistance to school districts in providing a smooth transition for large numbers of additional
military-related students;
Job training and placement for military spouses in communities with high proportions of
active duty military personnel; and
Promotion of the state to military and related contractors and employers.56
A “task force” is defined as an advisory body created without specific statutory enactment for a
time not to exceed one year or created by specific statutory enactment for a time not to exceed
three years, and appointed to study a specific problem and recommend a solution or policy
alternative with respect to the problem. Its existence terminates upon the completion of its
assignment.57
A “council” or “advisory council” is defined as an advisory body created by specific statutory
enactment and appointed to function on a continuing basis for the study of the problems arising
in a specified functional or program area of state government and to provide recommendations
and policy alternatives.58
53
Chapter 2011-76, s. 38, Laws of Fla.
54
Section 288.987(2), F.S.
55
Section 288.987(3), F.S.
56
Section 299.987(7), F.S.
57
Section 20.03(8), F.S.
58
Section 20.03(7), F.S.
BILL: CS/SB 1664 Page 14
The Florida Defense Support Task Force was statutorily enacted in 2011 and has exceeded the
three-year timeframe pursuant to the “task force” definition.
Effect of Proposed Changes
Section 12 amends s. 288.987, F.S., to rename the Florida Defense Support Task Force the
Florida Defense Support Council.
Everglades Restoration Agricultural Community Employment Training Program (Section
13)
Present Situation
The Everglades Restoration Agricultural Community Employment Training Program (program)
requires the DEO, in cooperation with CareerSource Florida, Inc., to use funds to provide grants
to stimulate and support training and employment programs that seek to match persons who
complete such training programs to nonagricultural employment opportunities in areas of high
agricultural unemployment. The program also provides other training, educational, and
information services necessary to stimulate the creation of jobs in the areas of high agricultural
unemployment.59
Funds may be used for grants for tuition for public or private technical or vocational programs
and matching grants to employers to conduct employer-based training programs, or for the
purchase of equipment to be used for training purposes, the hiring of instructors, or any other
purpose directly associated with the program.60
The DEO is prohibited from awarding a grant to any given training program which exceeds 50
percent of the total cost of the program, unless the training program is located within a RAO, in
which case the grant may exceed 50 percent of the total cost of the program and up to100
percent.61 Matching contributions may include in-kind services, including, but not limited to, the
provision of training instructors, equipment, and training facilities.
The DEO may grant up to 100 percent of the tuition for a participant who resides, and has
resided for at least three of the last five immediately preceding years, within the Everglades
Agricultural Area (EAA)62 and in counties that provide for water storage and dispersed water
storage that are located in RAOs.63
59
Section 446.71(1), F.S.
60
Section 446.71(3), F.S.
61
Section 446.71(4), F.S.
62
The Everglades Agricultural Area is an approximately 1,160 square-mile area south of Lake Okeechobee of productive
agricultural land. See s. 373.4592(15), F.S., for the property description. See also Lake Okeechobee Business Alliance, The
Everglades Agricultural Area, available at http://www.lakeoalliance.org/everglades-agricultural-
area#:~:text=The%20Everglades%20Everglades%20Agricultural%20Area,vibrant%20and%20sustianable%20local%20econ
omies. (last visited March 24, 2023).
63
Section 446.71(6), F.S.
BILL: CS/SB 1664 Page 15
Programs established in the EAA must include opportunities to obtain the qualifications and
skills necessary for jobs related to federal and state restoration projects, the Airglades Airport in
Hendry County, or an inland port in Palm Beach County, or other industries with verifiable,
demonstrated interest in operating within the EAA, as well as in counties that provide for water
storage and dispersed water storage that are located in RAOs.64
The DEO is required to adopt rules to implement the program.
In 2022, the Legislature awarded more than $700,000 to the program.65
Effect of Proposed Changes
Section 13 amends s. 446.71, F.S., to specify that the DEO, in cooperation with CareerSource
Florida, Inc., must use program funds to provide grants to stimulate and support employer-based
training programs and institution-based training programs to match persons to nonagricultural
employment opportunities in the EAA and any RAOs which include DeSoto, Glades, Hardee,
Hendry, Highlands, and Okeechobee Counties and the cities of Pahokee, Belle Glade, and South
Bay, and Immokalee. Grants must be prioritized for the employer-based training programs.
Program funds may also be used to provide other training, educational, and information services
necessary to stimulate the creation of jobs within the same areas. The DEO must consider the
location of the training program in proximity to the program’s intended participants.
Program funds may be used to provide tuition for institution-based training programs, rather than
public or private technical or vocational programs as provided in current law, or any other
purpose directly associated with the employer-based training program or institution-based
training program. The DEO must set aside up to 50 percent of the funds for employer-based
training programs for the first six months of each fiscal year. Any unused funds may be used for
the institution-based training programs.
The DEO must prioritize grants to employer-based training programs. However, grants may not
be awarded to an employer-based training program if the grant exceeds 50 percent of the total
cost of the program except that if the employer-based training program is in a RAO, then the
DEO may grant an award up to 100 percent of the program costs.
A grant of up to 100 percent may be awarded for an institution-based training program
participant who has lived within the EAA or in any RAO in the designated counties and cities
listed above for the past 12 months.
The bill clarifies that employer based training programs established in the EAA or in any RAO in
the designated counties and cities listed above must include opportunities to obtain the
qualifications and skills necessary for jobs related to federal and state restoration projects, the
Airglades Airport in Hendry County, or an inland port in Palm Beach County, or other industries
64
Section 446.71(7), F.S.
65
Department of Economic Opportunity, DEO Press Releases, Governor DeSantis Awards More Than $700,000 for
Workforce Training in Everglades Agricultural Communities, available at https://www.floridajobs.org/news-center/DEO-
Press/2022/04/18/governor-desantis-awards-more-than-$700-000-for-workforce-training-in-everglades-agricultural-
communities (last visited March 24, 2023).
BILL: CS/SB 1664 Page 16
with verifiable, demonstrated interest in operating within the EAA or in any RAO in the
designated counties and cities listed above.
The bill authorizes, rather than requires, the DEO to adopt rules to administer the program.
The bill defines an “employer-based training program” as a program established by, or to be
established by, a business in the state that provides training for in-demand nonagricultural
occupations for its employees.
The bill defines an “institution-based training program” as a certificate program or other program
of study provided by a public or private university, college, or technical or vocational training
institution which provides training for in-demand nonagricultural occupations.
Miscellaneous Provisions
Section 10 amends s. 288.980, F.S., to update a cross reference.
Section 11 amends s. 288.985, F.S., to update a cross reference.
Section 14 amends s. 695.03, F.S., to require the Secretary of the DEO, rather than the Governor,
to appoint commissioners of deeds who authenticate acknowledgements in certain real estate
transactions.
Section 15 reenacts s. 288.106(2), F.S., to incorporate the amendment made in section 7, relating
to the term “economic development agency.”
Section 16 provides 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.
BILL: CS/SB 1664 Page 17
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill exempts any loans made with funds administered by the DEO from documentary
stamp taxes, which may result in a positive fiscal impact for loan recipients.
C. Government Sector Impact:
The bill does not affect state revenues or expenditures relating to the Rural Development
Grants Program, Rural Community Development Revolving Loan Fund, and the Rural
Infrastructure Fund. However, the removal of match requirements and the increase in
allowable grant awards under the Rural Infrastructure Fund may limit the total number of
grants awarded if funding of these programs remains unchanged.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill amends 288.075, F.S., to provide that the public economic development agency of a
county or municipality or the county municipal officers or employees assigned the duty to
promote the general business interests or industrial interests of that county or municipality are
considered an economic development agency for purposes of the public records exemption. If the
intent of the bill is to exempt both entities then the word “or” on line 258 is unclear.
VIII. Statutes Affected:
This bill substantially amends sections 20.60, 163.3175, 201.25, 288.018, 288.065, 288.0655,
288.075, 288.8017, 288.9604, 288.980, 288.985, 288.987, 446.71, 695.03, and 288.106 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 27, 2023:
The amendment makes the following changes:
Specifies that Rural Infrastructure Funds may not be used to serve any retail end user
that already has access to broadband Internet service;
Specifies that the term “public infrastructure projects” includes projects for workforce
housing in terms of awards that may be provided through Triumph Gulf Coast, Inc.;
and
BILL: CS/SB 1664 Page 18
Deletes a section relating to the makeup of the Space Florida board of directors.
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 1664 Bill No. SB 1664
Ì424206|Î424206 Ì424206|Î424206
LEGISLATIVE ACTION 10 Eligible uses of funds also shall include improvements to public
Senate . House 11 infrastructure for industrial or commercial sites, upgrades to
Comm: RCS . 12 or development of public tourism infrastructure, and
03/27/2023 . 13 improvements to broadband Internet service and access in
. 14 unserved or underserved rural communities; however, the funds
. 15 may not be used to serve any retail end user that already has
. 16 access to broadband Internet service. Improvements to broadband
17 Internet service and access must be conducted through a
18 partnership or partnerships with one or more dealers, as defined
19 in s. 202.11(2), and the partnership or partnerships must be
20 established through a competitive selection process that is
21 publicly noticed. Authorized infrastructure may include the
22 following public or public-private partnership facilities: storm
23 water systems; telecommunications facilities; broadband
24 facilities; roads or other remedies to transportation
The Committee on Commerce and Tourism (Hooper) recommended the 25 impediments; nature-based tourism facilities; or other physical
following: 26 requirements necessary to facilitate tourism, trade, and
27 economic development activities in the community. Authorized
28 infrastructure may also include publicly or privately owned
1 Senate Amendment (with title amendment) 29 self-powered nature-based tourism facilities, publicly owned
2 30 telecommunications facilities, and broadband facilities, and
3 31 additions to the distribution facilities of the existing natural
4 Delete lines 172 - 687 32 gas utility as defined in s. 366.04(3)(c), the existing electric
5 and insert: 33 utility as defined in s. 366.02, or the existing water or
6 comparable communities. Eligible uses of funds include, and 34 wastewater utility as defined in s. 367.021(12), or any other
7 improving access to and the availability of broadband Internet 35 existing water or wastewater facility, which owns a gas or
8 service; however, the funds may not be used to serve any retail 36 electric distribution system or a water or wastewater system in
9 end user that already has access to broadband Internet service. 37 this state where:
38 1. A contribution-in-aid of construction is required to
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39 serve public or public-private partnership facilities under the 68 $300,000. Any funds awarded under this paragraph must be matched
40 tariffs of any natural gas, electric, water, or wastewater 69 at a level of 50 percent with local funds, except that any funds
41 utility as defined herein; and 70 awarded for a project in a rural area of opportunity must be
42 2. Such utilities as defined herein are willing and able to 71 matched at a level of 33 percent with local funds. If an
43 provide such service. 72 application for funding is for a catalyst site, as defined in s.
44 (c) To facilitate timely response and induce the location 73 288.0656, the requirement for local match may be waived pursuant
45 or expansion of specific job creating opportunities, The 74 to the process in s. 288.06561. In evaluating applications under
46 department may award grants of up to $300,000 for infrastructure 75 this paragraph, the department shall consider the extent to
47 feasibility studies, design and engineering activities, or other 76 which the application seeks to minimize administrative and
48 infrastructure planning and preparation activities. Authorized 77 consultant expenses.
49 grants shall be up to $50,000 for an employment project with a 78 (3) The department, in consultation with Enterprise
50 business committed to create at least 100 jobs; up to $150,000 79 Florida, Inc., the Florida Tourism Industry Marketing
51 for an employment project with a business committed to create at 80 Corporation, the Department of Environmental Protection, and the
52 least 300 jobs; and up to $300,000 for a project in a rural area 81 Florida Fish and Wildlife Conservation Commission, as
53 of opportunity. Grants awarded under this paragraph may be used 82 appropriate, shall review and certify applications pursuant to
54 in conjunction with grants awarded under paragraph (b), provided 83 s. 288.061. The review shall include an evaluation of the
55 that the total amount of both grants does not exceed 30 percent 84 economic benefit of the projects and their long-term viability.
56 of the total project cost. In evaluating applications under this 85 The department shall have final approval for any grant under
57 paragraph, the department shall consider the extent to which the 86 this section.
58 application seeks to minimize administrative and consultant 87 Section 7. Paragraph (a) of subsection (1) of section
59 expenses. 88 288.075, Florida Statutes, is amended to read:
60 (e) To enable local governments to access the resources 89 288.075 Confidentiality of records.—
61 available pursuant to s. 403.973(18), the department may award 90 (1) DEFINITIONS.—As used in this section, the term:
62 grants for surveys, feasibility studies, and other activities 91 (a) “Economic development agency” means:
63 related to the identification and preclearance review of land 92 1. The Department of Economic Opportunity;
64 which is suitable for preclearance review. Authorized grants 93 2. Any industrial development authority created in
65 under this paragraph do not require a local match and may not 94 accordance with part III of chapter 159 or by special law;
66 exceed $75,000 each, except in the case of a project in a rural 95 3. Space Florida created in part II of chapter 331;
67 area of opportunity, in which case the grant may not exceed 96 4. The public economic development agency of a county or
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97 municipality or, if the county or municipality does not have a 126 (d) Grants to local governments in the disproportionately
98 public economic development agency, the county or municipal 127 affected counties to establish and maintain equipment and
99 officers or employees assigned the duty to promote the general 128 trained personnel for local action plans of response to respond
100 business interests or industrial interests of that county or 129 to disasters, such as plans created for the Coastal Impacts
101 municipality or the responsibilities related thereto; 130 Assistance Program.;
102 5. Any research and development authority created in 131 (e) Grants to support programs that prepare students for
103 accordance with part V of chapter 159; or 132 future occupations and careers at K-20 institutions that have
104 6. Any private agency, person, partnership, corporation, or 133 campuses in the disproportionately affected counties. Eligible
105 business entity when authorized by the state, a municipality, or 134 programs include those that increase students’ technology skills
106 a county to promote the general business interests or industrial 135 and knowledge; encourage industry certifications; provide
107 interests of the state or that municipality or county. 136 rigorous, alternative pathways for students to meet high school
108 Section 8. Subsection (1) of section 288.8017, Florida 137 graduation requirements; strengthen career readiness
109 Statutes, is amended to read: 138 initiatives; fund high-demand programs of emphasis at the
110 288.8017 Awards.— 139 bachelor’s and master’s level designated by the Board of
111 (1) Triumph Gulf Coast, Inc., shall make awards from 140 Governors; and, similar to or the same as talent retention
112 available funds to projects or programs that meet the priorities 141 programs created by the Chancellor of the State University
113 for economic recovery, diversification, and enhancement of the 142 System and the Commission of Education, encourage students with
114 disproportionately affected counties. Awards may be provided for 143 interest or aptitude for science, technology, engineering,
115 any of the following: 144 mathematics, and medical disciplines to pursue postsecondary
116 (a) Ad valorem tax rate reduction within disproportionately 145 education at a state university or a Florida College System
117 affected counties.; 146 institution within the disproportionately affected counties.;
118 (b) Local match requirements of s. 288.0655 for projects in 147 (f) Grants to support programs that provide participants in
119 the disproportionately affected counties.; 148 the disproportionately affected counties with transferable,
120 (c) Public infrastructure projects for construction, 149 sustainable workforce skills that are not confined to a single
121 expansion, or maintenance which are shown to enhance economic 150 employer.; and
122 recovery, diversification, and enhancement of the 151 (g) Grants to the tourism entity created under s. 288.1226
123 disproportionately affected counties. For the purposes of this 152 for the purpose of advertising and promoting tourism and Fresh
124 paragraph, the term “public infrastructure projects” includes 153 From Florida, and grants to promote workforce and
125 projects for workforce housing.; 154 infrastructure, on behalf of all of the disproportionately
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155 affected counties. 184 contain for each recommended land acquisition:
156 Section 9. Subsection (5) of section 288.9604, Florida 185 a. A legal description of the land and its property
157 Statutes, is amended to read: 186 identification number;
158 288.9604 Creation of the corporation.— 187 b. A detailed map of the land; and
159 (5) This section is repealed July 1, 2023, and July 1 of 188 c. A management and monitoring agreement to ensure the land
160 every fourth year thereafter, unless reviewed and saved from 189 serves a base buffering purpose.
161 repeal by the Legislature. 190 Section 11. Subsection (1) and paragraph (a) of subsection
162 Section 10. Paragraph (b) of subsection (2) of section 191 (2) of section 288.985, Florida Statutes, are amended to read:
163 288.980, Florida Statutes, is amended to read: 192 288.985 Exemptions from public records and public meetings
164 288.980 Military base retention; legislative intent; grants 193 requirements.—
165 program.— 194 (1) The following records held by the Florida Defense
166 (2) 195 Support Council Task Force are exempt from s. 119.07(1) and s.
167 (b)1. The department shall annually request military 196 24(a), Art. I of the State Constitution:
168 installations in the state to provide the department with a list 197 (a) That portion of a record which relates to strengths and
169 of base buffering encroachment lands for fee simple or less- 198 weaknesses of military installations or military missions in
170 than-fee simple acquisitions before October 1. 199 this state relative to the selection criteria for the
171 2. The department shall submit the list of base buffering 200 realignment and closure of military bases and missions under any
172 encroachment lands to the Florida Defense Support Council Task 201 United States Department of Defense base realignment and closure
173 Force created in s. 288.987. 202 process.
174 3. The Florida Defense Support Council Task Force shall, 203 (b) That portion of a record which relates to strengths and
175 annually by December 1, review the list of base buffering 204 weaknesses of military installations or military missions in
176 encroachment lands submitted by the military installations and 205 other states or territories and the vulnerability of such
177 provide its recommendations for ranking the lands for 206 installations or missions to base realignment or closure under
178 acquisition to the department. 207 the United States Department of Defense base realignment and
179 4. The department shall annually submit the list of base 208 closure process, and any agreements or proposals to relocate or
180 buffering encroachment lands provided by the Florida Defense 209 realign military units and missions from other states or
181 Support Council Task Force to the Board of Trustees of the 210 territories.
182 Internal Improvement Trust Fund, which may acquire the lands 211 (c) That portion of a record which relates to the state’s
183 pursuant to s. 253.025. At a minimum, the annual list must 212 strategy to retain its military bases during any United States
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213 Department of Defense base realignment and closure process and 242 industries or communities that host military bases and
214 any agreements or proposals to relocate or realign military 243 installations. All appointments must be made by August 1, 2011.
215 units and missions. 244 Members shall serve for a term of 4 years, with the first term
216 (2)(a) Meetings or portions of meetings of the Florida 245 ending July 1, 2015. However, if members of the Legislature are
217 Defense Support Council Task Force, or a workgroup of the 246 appointed to the council task force, those members shall serve
218 council task force, at which records are presented or discussed 247 until the expiration of their legislative term and may be
219 that are exempt under subsection (1) are exempt from s. 286.011 248 reappointed once. A vacancy shall be filled for the remainder of
220 and s. 24(b), Art. I of the State Constitution. 249 the unexpired term in the same manner as the initial
221 Section 12. Section 288.987, Florida Statutes, is amended 250 appointment. All members of the council are eligible for
222 to read: 251 reappointment. A member who serves in the Legislature may
223 288.987 Florida Defense Support Council Task Force.— 252 participate in all council task force activities but may only
224 (1) The Florida Defense Support Council Task Force is 253 vote on matters that are advisory.
225 created. 254 (4) The President of the Senate and the Speaker of the
226 (2) The mission of the council task force is to make 255 House of Representatives shall each designate one of their
227 recommendations to preserve and protect military installations 256 appointees to serve as chair of the council task force. The
228 to support the state’s position in research and development 257 chair shall rotate each July 1. The appointee designated by the
229 related to or arising out of military missions and contracting, 258 President of the Senate shall serve as initial chair. If the
230 and to improve the state’s military-friendly environment for 259 Governor, instead of his or her designee, participates in the
231 servicemembers, military dependents, military retirees, and 260 activities of the council task force, then the Governor shall
232 businesses that bring military and base-related jobs to the 261 serve as chair.
233 state. 262 (5) The Secretary of Economic Opportunity, or his or her
234 (3) The council task force shall be comprised of the 263 designee, shall serve as the ex officio, nonvoting executive
235 Governor or his or her designee, and 12 members appointed as 264 director of the council task force.
236 follows: 265 (6) The council task force shall submit an annual progress
237 (a) Four members appointed by the Governor. 266 report and work plan to the Governor, the President of the
238 (b) Four members appointed by the President of the Senate. 267 Senate, and the Speaker of the House of Representatives each
239 (c) Four members appointed by the Speaker of the House of 268 February 1.
240 Representatives. 269 (7) The department shall contract with the council task
241 (d) Appointed members must represent defense-related 270 force for expenditure of appropriated funds, which may be used
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271 by the council task force for economic and product research and 300 educational, and information services necessary to stimulate the
272 development, joint planning with host communities to accommodate 301 creation of jobs in the areas of high agricultural unemployment.
273 military missions and prevent base encroachment, advocacy on the 302 In determining whether to provide funds to a particular program,
274 state’s behalf with federal civilian and military officials, 303 the Department of Economic Opportunity shall consider the
275 assistance to school districts in providing a smooth transition 304 location of the program in proximity to the program’s intended
276 for large numbers of additional military-related students, job 305 participants.
277 training and placement for military spouses in communities with 306 (2) The Legislature supports projects that improve the
278 high proportions of active duty military personnel, and 307 economy in the Everglades Agricultural Area. In recognition of
279 promotion of the state to military and related contractors and 308 the employment opportunities and economic development generated
280 employers. The council task force may annually spend up to 309 by new and expanding industries in the area, such as the
281 $250,000 of funds appropriated to the department for the council 310 Airglades Airport in Hendry County and the development of an
282 task force for staffing and administrative expenses of the 311 inland port in Palm Beach County, the Legislature finds that
283 council task force, including travel and per diem costs incurred 312 training the citizens of the state to fill the needs of these
284 by council task force members who are not otherwise eligible for 313 industries significantly enhances the economic viability of the
285 state reimbursement. 314 region.
286 Section 13. Section 446.71, Florida Statutes, is amended to 315 (2) As used in this section, the term:
287 read: 316 (a) “Department” means the Department of Economic
288 446.71 Everglades Restoration Agricultural Community 317 Opportunity.
289 Employment Training Program.— 318 (b) “Employer-based training program” means a program
290 (1) The Department of Economic Opportunity, in cooperation 319 established by, or to be established by, a business in this
291 with the state board as defined in s. 445.002, shall establish 320 state that provides training for in-demand nonagricultural
292 the Everglades Restoration Agricultural Community Employment 321 occupations for its employees.
293 Training Program within the Department of Economic Opportunity. 322 (c) “Everglades Agricultural Area” has the same meaning as
294 The Department of Economic Opportunity shall use funds 323 in s. 373.4592(15).
295 appropriated to the program by the Legislature to provide grants 324 (d) “Institution-based training program” means a
296 to stimulate and support training and employment programs that 325 certificate program or other program of study provided by a
297 seek to match persons who complete such training programs to 326 public or private university, college, or technical or
298 nonagricultural employment opportunities in areas of high 327 vocational training institution which provides training for in-
299 agricultural unemployment, and to provide other training, 328 demand nonagricultural occupations.
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329 (e) “Program” means the Everglades Restoration Agricultural 358 training programs. Funds may be used, or for the purchase of
330 Community Employment Training Program. 359 equipment necessary to be used for training purposes, the hiring
331 (3) The department, in cooperation with the state board as 360 of instructors, or any other purpose directly associated with
332 defined in s. 445.002, shall establish the Everglades 361 the employer-based training programs or institution-based
333 Restoration Agricultural Community Employment Training Program. 362 training programs. For the first 6 months of each fiscal year,
334 The department shall use funds appropriated to the program by 363 the department shall set aside up to 50 percent of the funds
335 the Legislature to provide grants to stimulate and support 364 appropriated to the program by the Legislature to fund employer-
336 employer-based training programs and institution-based training 365 based training programs. At the end of the 6-month period, any
337 programs that seek to match persons who complete such training 366 unused funds from the set-aside funds may be used to provide
338 programs to nonagricultural employment opportunities in the 367 funding for institution-based training programs program.
339 Everglades Agricultural Area and any rural area of opportunity 368 (5)(4) The department of Economic Opportunity may not award
340 as defined in s. 288.0656(2), which includes DeSoto, Glades, 369 a grant to any employer-based given training program if the
341 Hardee, Hendry, Highlands, and Okeechobee Counties and the 370 grant which exceeds 50 percent of the total cost of the program.
342 cities of Belle Glade, Immokalee, Pahokee, and South Bay. The 371 If, unless the employer-based training program is located within
343 department shall use program funds to provide training, 372 a rural area of opportunity, the department may award a grant of
344 educational, and information services necessary to stimulate the 373 in which case the grant may exceed 50 percent of the total cost
345 creation of jobs in the Everglades Agricultural Area and in any 374 of the program and up to 100 percent of program costs. Employer
346 rural area of opportunity as defined in s. 288.0656(2), which 375 matching contributions may include in-kind services, including,
347 includes DeSoto, Glades, Hardee, Hendry, Highlands, and 376 but not limited to, the provision of training instructors,
348 Okeechobee Counties and the cities of Belle Glade, Immokalee, 377 equipment, and training facilities. The department must
349 Pahokee, and South Bay. In determining whether to provide funds 378 prioritize grants to employer-based training programs that are
350 to a particular employer-based training program or institution- 379 located in the Everglades Agricultural Area or in any rural area
351 based training program, the department must consider the 380 of opportunity as defined in s. 288.0656(2), which includes
352 location of such training program in proximity to the program’s 381 DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee
353 intended participants. 382 Counties and the cities of Belle Glade, Immokalee, Pahokee, and
354 (4) Program funds may be used to provide for grants for 383 South Bay.
355 tuition for institution-based training public or private 384 (6)(5) Before awarding a grant pursuant to granting a
356 technical or vocational programs. Program funds may also be used 385 request for funds made in accordance with this section, the
357 for and matching grants to employers to conduct employer-based 386 department of Economic Opportunity shall enter into a grant
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387 agreement with the employer or requester of funds and the 416 Hardee, Hendry, Highlands, and Okeechobee Counties and the
388 institution receiving funding through the program. Such 417 cities of Belle Glade, Immokalee, Pahokee, and South Bay, must
389 agreement must include all of the following information: 418 include opportunities to obtain the qualifications and skills
390 (a) An identification of the personnel necessary to conduct 419 necessary for jobs related to federal and state restoration
391 the instructional program, the qualifications of such personnel, 420 projects, the Airglades Airport in Hendry County, an inland port
392 and the respective responsibilities of the parties for paying 421 in Palm Beach County, or other industries with a verifiable,
393 costs associated with the employment of such personnel. 422 demonstrated interest in operating within the Everglades
394 (b) An identification of the estimated length of the 423 Agricultural Area or in any rural area of opportunity as defined
395 instructional program. 424 in s. 288.0656(2), which includes DeSoto, Glades, Hardee,
396 (c) An identification of all direct, training-related 425 Hendry, Highlands, and Okeechobee Counties and the cities of
397 costs, including tuition and fees, curriculum development, books 426 Belle Glade, Immokalee, Pahokee, and South Bay, and in counties
398 and classroom materials, and overhead or indirect costs. 427 that provides provide for water storage and dispersed water
399 (d) An identification of special program requirements that 428 storage that are located in rural areas of opportunity as
400 are not otherwise addressed in the agreement. 429 described in s. 288.0656.
401 (7)(6) The department of Economic Opportunity may grant up 430 (9)(8) The department may of Economic Opportunity shall
402 to 100 percent of the tuition for an institution-based a 431 adopt rules to implement this section.
403 training program participant who currently resides, and has 432 Section 14. Subsections (2) and (3) of section 695.03,
404 resided for the preceding 12 months at least 3 of the 5 433 Florida Statutes, are amended to read:
405 immediately preceding years, within the Everglades Agricultural 434 695.03 Acknowledgment and proof; validation of certain
406 Area or in any rural area of opportunity as defined in s. 435 acknowledgments; legalization or authentication before foreign
407 288.0656(2), which includes DeSoto, Glades, Hardee, Hendry, 436 officials.—To entitle any instrument concerning real property to
408 Highlands, and Okeechobee Counties and the cities of Belle 437 be recorded, the execution must be acknowledged by the party
409 Glade, Immokalee, Pahokee, and South Bay, as described in s. 438 executing it, proved by a subscribing witness to it, or
410 373.4592 and in counties that provides provide for water storage 439 legalized or authenticated in one of the following forms:
411 and dispersed water storage that are located in rural areas of 440 (2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.—An
412 opportunity as described in s. 288.0656. 441 acknowledgment or a proof taken, administered, or made outside
413 (8)(7) Employer-based training programs established in the 442 of this state but within the United States may be taken,
414 Everglades Agricultural Area or in any rural area of opportunity 443 administered, or made by or before a civil-law notary of this
415 as defined in s. 288.0656(2), which includes DeSoto, Glades, 444 state or a commissioner of deeds appointed by the Secretary of
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445 the Department of Economic Opportunity Governor of this state; a 474 legalization, authentication, or proof must be under the seal of
446 judge or clerk of any court of the United States or of any 475 the officer. A certificate legalizing or authenticating the
447 state, territory, or district; by or before a United States 476 signature of a person executing an instrument concerning real
448 commissioner or magistrate; or by or before any notary public, 477 property and to which a civil-law notary or notary public of
449 justice of the peace, master in chancery, or registrar or 478 that country has affixed her or his official seal is sufficient
450 recorder of deeds of any state, territory, or district having a 479 as an acknowledgment. For the purposes of this section, the term
451 seal, and the certificate of acknowledgment or proof must be 480 “civil-law notary” means a civil-law notary as defined in
452 under the seal of the court or officer, as the case may be. If 481 chapter 118 or an official of a foreign country who has an
453 the acknowledgment or proof is taken, administered, or made by 482 official seal and who is authorized to make legal or lawful the
454 or before a notary public who does not affix a seal, it is 483 execution of any document in that jurisdiction, in which
455 sufficient for the notary public to type, print, or write by 484 jurisdiction the affixing of her or his official seal is deemed
456 hand on the instrument, “I am a Notary Public of the State of 485 proof of the execution of the document or deed in full
457 ...(state)..., and my commission expires on ...(date)....” 486 compliance with the laws of that jurisdiction.
458 (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN 487 Section 15. For the purpose of incorporating the amendment
459 COUNTRIES.—An acknowledgment, an affidavit, an oath, a 488 made by this act to section 288.075, Florida Statutes, in a
460 legalization, an authentication, or a proof taken, administered, 489 reference thereto, paragraph (b) of subsection (2) of section
461 or made outside the United States or in a foreign country may be 490 288.106, Florida Statutes, is reenacted to read:
462 taken, administered, or made by or before a commissioner of 491 288.106 Tax refund program for qualified target industry
463 deeds appointed by the Secretary of the Department Economic 492 businesses.—
464 Opportunity Governor of this state to act in such country; 493 (2) DEFINITIONS.—As used in this section:
465 before a notary public of such foreign country or a civil-law 494 (b) “Authorized local economic development agency” means a
466 notary of this state or of such foreign country who has an 495 public or private entity, including an entity defined in s.
467 official seal; before an ambassador, envoy extraordinary, 496 288.075, authorized by a county or municipality to promote the
468 minister plenipotentiary, minister, commissioner, charge 497 general business or industrial interests of that county or
469 d’affaires, consul general, consul, vice consul, consular agent, 498 municipality.
470 or other diplomatic or consular officer of the United States 499
471 appointed to reside in such country; or before a military or 500 ================= T I T L E A M E N D M E N T ================
472 naval officer authorized by 10 U.S.C. s. 1044a to perform the 501 And the title is amended as follows:
473 duties of notary public, and the certificate of acknowledgment, 502 Delete lines 22 - 40
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503 and insert:
504 288.8017, F.S.; specifying that the term “public
505 infrastructure projects” includes projects for
506 workforce housing; conforming provisions to changes
507 made by the act; amending s. 288.9604, F.S.; deleting
508 the future repeal of provisions governing the Florida
509 Development Finance Corporation; amending ss. 288.980
510 and 288.985, F.S.; conforming provisions to changes
511 made by the act; amending s. 288.987, F.S.; renaming
512 the Florida Defense Support Task Force as the Florida
513 Defense Support Council; amending s. 446.71, F.S.;
514 revising requirements relating to the Everglades
515 Restoration Agricultural Community Employment Training
516 Program; defining terms; authorizing, rather than
517 requiring, the department to adopt rules; amending s.
518 695.03, F.S.; requiring the Secretary of the
519 Department of Economic Opportunity, rather than the
520 Governor, to appoint certain commissioners of deeds;
521 reenacting s. 288.106(2)(b), F.S., relating to the tax
522 refund
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By Senator Hooper
21-01750B-23 20231664__ 21-01750B-23 20231664__
1 A bill to be entitled 30 the composition of Space Florida’s board of directors;
2 An act relating to economic development; amending s. 31 providing requirements for appointments to and
3 20.60, F.S.; requiring the Secretary of Economic 32 vacancies on the board; amending s. 446.71, F.S.;
4 Opportunity to appoint deputy secretaries and 33 revising requirements relating to the Everglades
5 directors for specified divisions of the Department of 34 Restoration Agricultural Community Employment Training
6 Economic Opportunity; amending s. 163.3175, F.S.; 35 Program; defining terms; authorizing, rather than
7 revising the list of local governments affected by 36 requiring, the department to adopt rules; amending s.
8 Naval Support Activity Orlando; conforming a provision 37 695.03, F.S.; requiring the Secretary of Economic
9 to changes made by the act; amending s. 201.25, F.S.; 38 Opportunity, rather than the Governor, to appoint
10 exempting loans made with funds administered by the 39 certain commissioners of deeds; reenacting s.
11 Department of Economic Opportunity from certain taxes; 40 288.106(2)(c), F.S., relating to the tax refund
12 amending s. 288.018, F.S.; revising requirements 41 program for qualified target industry businesses, to
13 relating to the Florida Rural Development Grants 42 incorporate the amendment made to s. 288.075, F.S., in
14 Program; amending s. 288.065, F.S.; removing a 43 a reference thereto; providing an effective date.
15 requirement that certain repayments under the Rural 44
16 Community Development Revolving Loan Fund be matched; 45 Be It Enacted by the Legislature of the State of Florida:
17 amending s. 288.0655, F.S.; revising grant 46
18 requirements and authorizations relating to the Rural 47 Section 1. Paragraph (b) of subsection (3) of section
19 Infrastructure Fund; revising limits on grant awards; 48 20.60, Florida Statutes, is amended to read:
20 amending s. 288.075, F.S.; revising the definition of 49 20.60 Department of Economic Opportunity; creation; powers
21 the term “economic development agency”; amending s. 50 and duties.—
22 288.8017, F.S.; conforming provisions to changes made 51 (3)
23 by the act; amending s. 288.9604, F.S.; deleting a 52 (b) The secretary:
24 future repeal of the Florida Development Finance 53 1. May create offices within the Office of the Secretary
25 Corporation; amending ss. 288.980 and 288.985, F.S.; 54 and within the divisions established in paragraph (a) to promote
26 conforming provisions to changes made by the act; 55 efficient and effective operation of the department.
27 amending s. 288.987, F.S.; renaming the Florida 56 2. Shall appoint deputy secretaries for the Division of
28 Defense Support Task Force as the Florida Defense 57 Strategic Business Development, the Division of Community
29 Support Council; amending s. 331.3081, F.S.; revising 58 Development, and the Division of Workforce Services and
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59 directors for the Division of Finance and Administration and the 88 exempt from all taxes imposed by this chapter:
60 Division of Information Technology a director for each division, 89 (4) Any loan made with funds administered by the Department
61 who shall directly administer his or her division and be 90 of Economic Opportunity.
62 responsible to the secretary. 91 Section 4. Paragraphs (b), (c), and (d) of subsection (1)
63 Section 2. Paragraph (i) of subsection (2) and subsection 92 and paragraphs (b) and (c) of subsection (2) of section 288.018,
64 (3) of section 163.3175, Florida Statutes, are amended to read: 93 Florida Statutes, are amended to read:
65 163.3175 Legislative findings on compatibility of 94 288.018 Regional Rural Development Grants Program.—
66 development with military installations; exchange of information 95 (1)
67 between local governments and military installations.— 96 (b) The department shall establish a matching grant program
68 (2) Certain major military installations, due to their 97 to provide funding to regional economic development
69 mission and activities, have a greater potential for 98 organizations for the purpose of building the professional
70 experiencing compatibility and coordination issues than others. 99 capacity of those organizations. Building the professional
71 Consequently, this section and the provisions in s. 100 capacity of a regional economic development organization
72 163.3177(6)(a), relating to compatibility of land development 101 includes hiring professional staff to develop, deliver, and
73 with military installations, apply to specific affected local 102 provide needed economic development professional services,
74 governments in proximity to and in association with specific 103 including technical assistance, education and leadership
75 military installations, as follows: 104 development, marketing, and project recruitment. Matching Grants
76 (i) Naval Support Activity Orlando, including Bugg Spring 105 may also be used by a regional economic development organization
77 and Naval Ordnance Test Unit, associated with Lake, Marion, 106 to provide technical assistance to local governments, local
78 Orange, and Sumter Counties and Groveland, Howey-in-the-Hills, 107 economic development organizations, and existing and prospective
79 Leesburg, County and Orlando, and Wildwood. 108 businesses.
80 (3) The Florida Defense Support Council Task Force may 109 (c) A regional economic development organization may apply
81 recommend to the Legislature changes to the military 110 annually to the department for a matching grant. The department
82 installations and local governments specified in subsection (2) 111 is authorized to approve, on an annual basis, grants to such
83 based on a military base’s potential for impacts from 112 regional economic development organizations. The maximum amount
84 encroachment, and incompatible land uses and development. 113 an organization may receive in any year will be $50,000, or
85 Section 3. Subsection (4) is added to section 201.25, 114 $250,000 for any three regional economic development
86 Florida Statutes, to read: 115 organizations that serve an entire region of a rural area of
87 201.25 Tax exemptions for certain loans.—There shall be 116 opportunity designated pursuant to s. 288.0656(7) if they are
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117 recognized by the department as serving such a region. 146 Infrastructure Fund to facilitate the planning, preparing, and
118 (d) Grant funds received by a regional economic development 147 financing of infrastructure projects in rural communities which
119 organization must be matched each year by nonstate resources in 148 will encourage job creation, capital investment, and the
120 an amount equal to 25 percent of the state contribution. 149 strengthening and diversification of rural economies by
121 (2) In approving the participants, the department shall 150 promoting tourism, trade, and economic development.
122 consider the demonstrated need of the applicant for assistance 151 (2)
123 and require the following: 152 (b) To facilitate access of rural communities and rural
124 (b) Demonstration that each unit of local government has 153 areas of opportunity as defined by the Rural Economic
125 made a financial or in-kind commitment to the regional 154 Development Initiative to infrastructure funding programs of the
126 organization. 155 Federal Government, such as those offered by the United States
127 (c) Demonstration that the private sector has made 156 Department of Agriculture and the United States Department of
128 financial or in-kind commitments to the regional organization. 157 Commerce, and state programs, including those offered by Rural
129 Section 5. Paragraph (c) of subsection (2) of section 158 Economic Development Initiative agencies, and to facilitate
130 288.065, Florida Statutes, is amended to read: 159 local government or private infrastructure funding efforts, the
131 288.065 Rural Community Development Revolving Loan Fund.— 160 department may award grants for up to 75 50 percent of the total
132 (2) 161 infrastructure project cost or up to 100 percent of the total
133 (c) All repayments of principal and interest shall be 162 infrastructure project cost for a project located in a rural
134 returned to the loan fund and made available for loans to other 163 community or a rural area of opportunity as those terms are
135 applicants. However, in a rural area of opportunity designated 164 defined in s. 288.0656(2) which is also located in a fiscally
136 by the Governor, and upon approval by the department, repayments 165 constrained county as described in s. 218.67(1). Eligible
137 of principal and interest may be retained by the applicant if 166 projects must be related to specific job-creation or job-
138 such repayments are dedicated and matched to fund regionally 167 retention opportunities. Eligible uses of funds projects may
139 based economic development organizations representing the rural 168 also include improving any inadequate infrastructure that has
140 area of opportunity. 169 resulted in regulatory action that prohibits economic or
141 Section 6. Subsection (1), paragraphs (b), (c), and (e) of 170 community growth, reducing the costs to community users of
142 subsection (2), and subsection (3) of section 288.0655, Florida 171 proposed infrastructure improvements that exceed such costs in
143 Statutes, are amended to read: 172 comparable communities, and improving access to and the
144 288.0655 Rural Infrastructure Fund.— 173 availability of broadband Internet service. Eligible uses of
145 (1) There is created within the department the Rural 174 funds shall include improvements to public infrastructure for
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175 industrial or commercial sites, upgrades to or development of 204 provide such service.
176 public tourism infrastructure, and improvements to broadband 205 (c) To facilitate timely response and induce the location
177 Internet service and access in unserved or underserved rural 206 or expansion of specific job creating opportunities, The
178 communities. Improvements to broadband Internet service and 207 department may award grants of up to $300,000 for infrastructure
179 access must be conducted through a partnership or partnerships 208 feasibility studies, design and engineering activities, or other
180 with one or more dealers, as defined in s. 202.11(2), and the 209 infrastructure planning and preparation activities. Authorized
181 partnership or partnerships must be established through a 210 grants shall be up to $50,000 for an employment project with a
182 competitive selection process that is publicly noticed. 211 business committed to create at least 100 jobs; up to $150,000
183 Authorized infrastructure may include the following public or 212 for an employment project with a business committed to create at
184 public-private partnership facilities: storm water systems; 213 least 300 jobs; and up to $300,000 for a project in a rural area
185 telecommunications facilities; broadband facilities; roads or 214 of opportunity. Grants awarded under this paragraph may be used
186 other remedies to transportation impediments; nature-based 215 in conjunction with grants awarded under paragraph (b), provided
187 tourism facilities; or other physical requirements necessary to 216 that the total amount of both grants does not exceed 30 percent
188 facilitate tourism, trade, and economic development activities 217 of the total project cost. In evaluating applications under this
189 in the community. Authorized infrastructure may also include 218 paragraph, the department shall consider the extent to which the
190 publicly or privately owned self-powered nature-based tourism 219 application seeks to minimize administrative and consultant
191 facilities, publicly owned telecommunications facilities, and 220 expenses.
192 broadband facilities, and additions to the distribution 221 (e) To enable local governments to access the resources
193 facilities of the existing natural gas utility as defined in s. 222 available pursuant to s. 403.973(18), the department may award
194 366.04(3)(c), the existing electric utility as defined in s. 223 grants for surveys, feasibility studies, and other activities
195 366.02, or the existing water or wastewater utility as defined 224 related to the identification and preclearance review of land
196 in s. 367.021(12), or any other existing water or wastewater 225 which is suitable for preclearance review. Authorized grants
197 facility, which owns a gas or electric distribution system or a 226 under this paragraph do not require a local match and may not
198 water or wastewater system in this state where: 227 exceed $75,000 each, except in the case of a project in a rural
199 1. A contribution-in-aid of construction is required to 228 area of opportunity, in which case the grant may not exceed
200 serve public or public-private partnership facilities under the 229 $300,000. Any funds awarded under this paragraph must be matched
201 tariffs of any natural gas, electric, water, or wastewater 230 at a level of 50 percent with local funds, except that any funds
202 utility as defined herein; and 231 awarded for a project in a rural area of opportunity must be
203 2. Such utilities as defined herein are willing and able to 232 matched at a level of 33 percent with local funds. If an
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233 application for funding is for a catalyst site, as defined in s. 262 municipality or the responsibilities related thereto;
234 288.0656, the requirement for local match may be waived pursuant 263 5. Any research and development authority created in
235 to the process in s. 288.06561. In evaluating applications under 264 accordance with part V of chapter 159; or
236 this paragraph, the department shall consider the extent to 265 6. Any private agency, person, partnership, corporation, or
237 which the application seeks to minimize administrative and 266 business entity when authorized by the state, a municipality, or
238 consultant expenses. 267 a county to promote the general business interests or industrial
239 (3) The department, in consultation with Enterprise 268 interests of the state or that municipality or county.
240 Florida, Inc., the Florida Tourism Industry Marketing 269 Section 8. Subsection (1) of section 288.8017, Florida
241 Corporation, the Department of Environmental Protection, and the 270 Statutes, is amended to read:
242 Florida Fish and Wildlife Conservation Commission, as 271 288.8017 Awards.—
243 appropriate, shall review and certify applications pursuant to 272 (1) Triumph Gulf Coast, Inc., shall make awards from
244 s. 288.061. The review shall include an evaluation of the 273 available funds to projects or programs that meet the priorities
245 economic benefit of the projects and their long-term viability. 274 for economic recovery, diversification, and enhancement of the
246 The department shall have final approval for any grant under 275 disproportionately affected counties. Awards may be provided
247 this section. 276 for:
248 Section 7. Paragraph (a) of subsection (1) of section 277 (a) Ad valorem tax rate reduction within disproportionately
249 288.075, Florida Statutes, is amended to read: 278 affected counties;
250 288.075 Confidentiality of records.— 279 (b) Local match requirements of s. 288.0655 for projects in
251 (1) DEFINITIONS.—As used in this section, the term: 280 the disproportionately affected counties;
252 (a) “Economic development agency” means: 281 (c) Public infrastructure projects for construction,
253 1. The Department of Economic Opportunity; 282 expansion, or maintenance which are shown to enhance economic
254 2. Any industrial development authority created in 283 recovery, diversification, and enhancement of the
255 accordance with part III of chapter 159 or by special law; 284 disproportionately affected counties;
256 3. Space Florida created in part II of chapter 331; 285 (d) Grants to local governments in the disproportionately
257 4. The public economic development agency of a county or 286 affected counties to establish and maintain equipment and
258 municipality or, if the county or municipality does not have a 287 trained personnel for local action plans of response to respond
259 public economic development agency, the county or municipal 288 to disasters, such as plans created for the Coastal Impacts
260 officers or employees assigned the duty to promote the general 289 Assistance Program;
261 business interests or industrial interests of that county or 290 (e) Grants to support programs that prepare students for
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291 future occupations and careers at K-20 institutions that have 320 repeal by the Legislature.
292 campuses in the disproportionately affected counties. Eligible 321 Section 10. Paragraph (b) of subsection (2) of section
293 programs include those that increase students’ technology skills 322 288.980, Florida Statutes, is amended to read:
294 and knowledge; encourage industry certifications; provide 323 288.980 Military base retention; legislative intent; grants
295 rigorous, alternative pathways for students to meet high school 324 program.—
296 graduation requirements; strengthen career readiness 325 (2)
297 initiatives; fund high-demand programs of emphasis at the 326 (b)1. The department shall annually request military
298 bachelor’s and master’s level designated by the Board of 327 installations in the state to provide the department with a list
299 Governors; and, similar to or the same as talent retention 328 of base buffering encroachment lands for fee simple or less-
300 programs created by the Chancellor of the State University 329 than-fee simple acquisitions before October 1.
301 System and the Commission of Education, encourage students with 330 2. The department shall submit the list of base buffering
302 interest or aptitude for science, technology, engineering, 331 encroachment lands to the Florida Defense Support Council Task
303 mathematics, and medical disciplines to pursue postsecondary 332 Force created in s. 288.987.
304 education at a state university or a Florida College System 333 3. The Florida Defense Support Council Task Force shall,
305 institution within the disproportionately affected counties; 334 annually by December 1, review the list of base buffering
306 (f) Grants to support programs that provide participants in 335 encroachment lands submitted by the military installations and
307 the disproportionately affected counties with transferable, 336 provide its recommendations for ranking the lands for
308 sustainable workforce skills that are not confined to a single 337 acquisition to the department.
309 employer; and 338 4. The department shall annually submit the list of base
310 (g) Grants to the tourism entity created under s. 288.1226 339 buffering encroachment lands provided by the Florida Defense
311 for the purpose of advertising and promoting tourism and Fresh 340 Support Council Task Force to the Board of Trustees of the
312 From Florida, and grants to promote workforce and 341 Internal Improvement Trust Fund, which may acquire the lands
313 infrastructure, on behalf of all of the disproportionately 342 pursuant to s. 253.025. At a minimum, the annual list must
314 affected counties. 343 contain for each recommended land acquisition:
315 Section 9. Subsection (5) of section 288.9604, Florida 344 a. A legal description of the land and its property
316 Statutes, is amended to read: 345 identification number;
317 288.9604 Creation of the corporation.— 346 b. A detailed map of the land; and
318 (5) This section is repealed July 1, 2023, and July 1 of 347 c. A management and monitoring agreement to ensure the land
319 every fourth year thereafter, unless reviewed and saved from 348 serves a base buffering purpose.
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349 Section 11. Subsection (1) and paragraph (a) of subsection 378 that are exempt under subsection (1) are exempt from s. 286.011
350 (2) of section 288.985, Florida Statutes, are amended to read: 379 and s. 24(b), Art. I of the State Constitution.
351 288.985 Exemptions from public records and public meetings 380 Section 12. Section 288.987, Florida Statutes, is amended
352 requirements.— 381 to read:
353 (1) The following records held by the Florida Defense 382 288.987 Florida Defense Support Council Task Force.—
354 Support Council Task Force are exempt from s. 119.07(1) and s. 383 (1) The Florida Defense Support Council Task Force is
355 24(a), Art. I of the State Constitution: 384 created.
356 (a) That portion of a record which relates to strengths and 385 (2) The mission of the council task force is to make
357 weaknesses of military installations or military missions in 386 recommendations to preserve and protect military installations
358 this state relative to the selection criteria for the 387 to support the state’s position in research and development
359 realignment and closure of military bases and missions under any 388 related to or arising out of military missions and contracting,
360 United States Department of Defense base realignment and closure 389 and to improve the state’s military-friendly environment for
361 process. 390 servicemembers, military dependents, military retirees, and
362 (b) That portion of a record which relates to strengths and 391 businesses that bring military and base-related jobs to the
363 weaknesses of military installations or military missions in 392 state.
364 other states or territories and the vulnerability of such 393 (3) The council task force shall be comprised of the
365 installations or missions to base realignment or closure under 394 Governor or his or her designee, and 12 members appointed as
366 the United States Department of Defense base realignment and 395 follows:
367 closure process, and any agreements or proposals to relocate or 396 (a) Four members appointed by the Governor.
368 realign military units and missions from other states or 397 (b) Four members appointed by the President of the Senate.
369 territories. 398 (c) Four members appointed by the Speaker of the House of
370 (c) That portion of a record which relates to the state’s 399 Representatives.
371 strategy to retain its military bases during any United States 400 (d) Appointed members must represent defense-related
372 Department of Defense base realignment and closure process and 401 industries or communities that host military bases and
373 any agreements or proposals to relocate or realign military 402 installations. All appointments must be made by August 1, 2011.
374 units and missions. 403 Members shall serve for a term of 4 years, with the first term
375 (2)(a) Meetings or portions of meetings of the Florida 404 ending July 1, 2015. However, if members of the Legislature are
376 Defense Support Council Task Force, or a workgroup of the 405 appointed to the council task force, those members shall serve
377 council task force, at which records are presented or discussed 406 until the expiration of their legislative term and may be
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407 reappointed once. A vacancy shall be filled for the remainder of 436 training and placement for military spouses in communities with
408 the unexpired term in the same manner as the initial 437 high proportions of active duty military personnel, and
409 appointment. All members of the council are eligible for 438 promotion of the state to military and related contractors and
410 reappointment. A member who serves in the Legislature may 439 employers. The council task force may annually spend up to
411 participate in all council task force activities but may only 440 $250,000 of funds appropriated to the department for the council
412 vote on matters that are advisory. 441 task force for staffing and administrative expenses of the
413 (4) The President of the Senate and the Speaker of the 442 council task force, including travel and per diem costs incurred
414 House of Representatives shall each designate one of their 443 by council task force members who are not otherwise eligible for
415 appointees to serve as chair of the council task force. The 444 state reimbursement.
416 chair shall rotate each July 1. The appointee designated by the 445 Section 13. Section 331.3081, Florida Statutes, is amended
417 President of the Senate shall serve as initial chair. If the 446 to read:
418 Governor, instead of his or her designee, participates in the 447 331.3081 Board of directors.—
419 activities of the council task force, then the Governor shall 448 (1) Space Florida shall be governed by a 14-member 13-
420 serve as chair. 449 member independent board of directors that consists of the
421 (5) The Secretary of Economic Opportunity, or his or her 450 members appointed to the board of directors of Enterprise
422 designee, shall serve as the ex officio, nonvoting executive 451 Florida, Inc., by the Governor, the President of the Senate, and
423 director of the council task force. 452 the Speaker of the House of Representatives pursuant to s.
424 (6) The council task force shall submit an annual progress 453 288.901(5)(a)8. and the Governor, who shall serve ex officio, or
425 report and work plan to the Governor, the President of the 454 who may appoint a designee to serve, as the chair and a voting
426 Senate, and the Speaker of the House of Representatives each 455 member of the board, the secretary of the Department of Economic
427 February 1. 456 Opportunity, six members appointed by the Governor, three
428 (7) The department shall contract with the council task 457 members appointed by the President of the Senate, and three
429 force for expenditure of appropriated funds, which may be used 458 members appointed by the Speaker of the House of
430 by the council task force for economic and product research and 459 Representatives.
431 development, joint planning with host communities to accommodate 460 (2) In making their appointments, the Governor, the
432 military missions and prevent base encroachment, advocacy on the 461 President of the Senate, and the Speaker of the House of
433 state’s behalf with federal civilian and military officials, 462 Representatives shall ensure that the composition of the board
434 assistance to school districts in providing a smooth transition 463 of directors reflects this state’s aerospace industry and is
435 for large numbers of additional military-related students, job 464 representative of the intent, duties, and purpose of Space
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465 Florida. 494 economy in the Everglades Agricultural Area. In recognition of
466 (3) Members appointed before July 1, 2023, shall continue 495 the employment opportunities and economic development generated
467 to serve for the remainder of their current term. As the terms 496 by new and expanding industries in the area, such as the
468 of such members expire, successors must be appointed to 4-year 497 Airglades Airport in Hendry County and the development of an
469 terms. 498 inland port in Palm Beach County, the Legislature finds that
470 (4) A vacancy on the board of directors must be filled for 499 training the citizens of the state to fill the needs of these
471 the remainder of the unexpired term in the same manner as the 500 industries significantly enhances the economic viability of the
472 original appointment. 501 region.
473 Section 14. Section 446.71, Florida Statutes, is amended to 502 (2) As used in this section, the term:
474 read: 503 (a) “Department” means the Department of Economic
475 446.71 Everglades Restoration Agricultural Community 504 Opportunity.
476 Employment Training Program.— 505 (b) “Employer-based training program” means a program
477 (1) The Department of Economic Opportunity, in cooperation 506 established by, or to be established by, a business in this
478 with the state board as defined in s. 445.002, shall establish 507 state that provides training for in-demand nonagricultural
479 the Everglades Restoration Agricultural Community Employment 508 occupations for its employees.
480 Training Program within the Department of Economic Opportunity. 509 (c) “Everglades Agricultural Area” has the same meaning as
481 The Department of Economic Opportunity shall use funds 510 in s. 373.4592(15).
482 appropriated to the program by the Legislature to provide grants 511 (d) “Institution-based training program” means a
483 to stimulate and support training and employment programs that 512 certificate program or other program of study provided by a
484 seek to match persons who complete such training programs to 513 public or private university, college, or technical or
485 nonagricultural employment opportunities in areas of high 514 vocational training institution which provides training for in-
486 agricultural unemployment, and to provide other training, 515 demand nonagricultural occupations.
487 educational, and information services necessary to stimulate the 516 (e) “Program” means the Everglades Restoration Agricultural
488 creation of jobs in the areas of high agricultural unemployment. 517 Community Employment Training Program.
489 In determining whether to provide funds to a particular program, 518 (3) The department, in cooperation with the state board as
490 the Department of Economic Opportunity shall consider the 519 defined in s. 445.002, shall establish the Everglades
491 location of the program in proximity to the program’s intended 520 Restoration Agricultural Community Employment Training Program.
492 participants. 521 The department shall use funds appropriated to the program by
493 (2) The Legislature supports projects that improve the 522 the Legislature to provide grants to stimulate and support
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523 employer-based training programs and institution-based training 552 appropriated to the program by the Legislature to fund employer-
524 programs that seek to match persons who complete such training 553 based training programs. At the end of the 6-month period, any
525 programs to nonagricultural employment opportunities in the 554 unused funds from the set-aside funds may be used to provide
526 Everglades Agricultural Area and any rural areas of opportunity 555 funding for institution-based training programs.
527 as designated by the Governor pursuant to s. 288.0656(2)(d) 556 (5)(4) The department of Economic Opportunity may not award
528 which include DeSoto, Glades, Hardee, Hendry, Highlands, and 557 a grant to any employer-based given training program if the
529 Okeechobee Counties and the cities of Pahokee, Belle Glade, and 558 grant which exceeds 50 percent of the total cost of the program.
530 South Bay, and Immokalee. The department shall use program funds 559 However, if, unless the employer-based training program is
531 to provide other training, educational, and information services 560 located within a rural area of opportunity, the department may
532 necessary to stimulate the creation of jobs in the Everglades 561 award a grant of in which case the grant may exceed 50 percent
533 Agricultural Area and in any rural areas of opportunity as 562 of the total cost of the program and up to 100 percent of
534 designated by the Governor pursuant to s. 288.0656(2)(d) which 563 program costs. Employer matching contributions may include in-
535 include DeSoto, Glades, Hardee, Hendry, Highlands, and 564 kind services, including, but not limited to, the provision of
536 Okeechobee Counties and the cities of Pahokee, Belle Glade, and 565 training instructors, equipment, and training facilities. The
537 South Bay, and Immokalee. In determining whether to provide 566 department must prioritize grants to employer-based training
538 funds to a particular employer-based training program or 567 programs that are located in the Everglades Agricultural Area or
539 institution-based training program, the department must consider 568 in any rural areas of opportunity as designated by the Governor
540 the location of such training program in proximity to the 569 pursuant to s. 288.0656(2)(d) which include DeSoto, Glades,
541 program’s intended participants. 570 Hardee, Hendry, Highlands, and Okeechobee Counties and the
542 (4) Program funds may be used to provide for grants for 571 cities of Pahokee, Belle Glade, and South Bay, and Immokalee.
543 tuition for public or private technical or vocational 572 (6)(5) Before awarding a grant pursuant to granting a
544 institution-based training programs. Program funds may also be 573 request for funds made in accordance with this section, the
545 used for and matching grants to employers to conduct employer- 574 department of Economic Opportunity shall enter into a grant
546 based training programs. Funds may be used, or for the purchase 575 agreement with the employer or requester of funds and the
547 of equipment necessary to be used for training purposes, the 576 institution receiving funding through the program. Such
548 hiring of instructors, or any other purpose directly associated 577 agreement must include all of the following information:
549 with the employer-based training program or institution-based 578 (a) An identification of the personnel necessary to conduct
550 training program. For the first 6 months of each fiscal year, 579 the instructional program, the qualifications of such personnel,
551 the department shall set aside up to 50 percent of the funds 580 and the respective responsibilities of the parties for paying
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581 costs associated with the employment of such personnel. 610 Airglades Airport in Hendry County, an inland port in Palm Beach
582 (b) An identification of the estimated length of the 611 County, or other industries with a verifiable, demonstrated
583 instructional program. 612 interest in operating within the Everglades Agricultural Area or
584 (c) An identification of all direct, training-related 613 in any rural areas of opportunity as designated by the Governor
585 costs, including tuition and fees, curriculum development, books 614 pursuant to s. 288.0656(2)(d), which include DeSoto, Glades,
586 and classroom materials, and overhead or indirect costs. 615 Hardee, Hendry, Highlands, and Okeechobee Counties and the
587 (d) An identification of special program requirements that 616 cities of Pahokee, Belle Glade, and South Bay, and Immokalee,
588 are not otherwise addressed in the agreement. 617 and in counties that provide for water storage and dispersed
589 (7)(6) The department of Economic Opportunity may grant up 618 water storage that are located in rural areas of opportunity as
590 to 100 percent of the tuition for an institution-based a 619 described in s. 288.0656.
591 training program participant who currently resides, and has 620 (9)(8) The department may of Economic Opportunity shall
592 resided for the preceding 12 months at least 3 of the 5 621 adopt rules to implement this section.
593 immediately preceding years, within the Everglades Agricultural 622 Section 15. Subsections (2) and (3) of section 695.03,
594 Area or in any rural areas of opportunity as designated by the 623 Florida Statutes, are amended to read:
595 Governor pursuant to s. 288.0656(2)(d), which include DeSoto, 624 695.03 Acknowledgment and proof; validation of certain
596 Glades, Hardee, Hendry, Highlands, and Okeechobee Counties and 625 acknowledgments; legalization or authentication before foreign
597 the cities of Pahokee, Belle Glade, and South Bay, and 626 officials.—To entitle any instrument concerning real property to
598 Immokalee, as described in s. 373.4592 and in counties that 627 be recorded, the execution must be acknowledged by the party
599 provide for water storage and dispersed water storage that are 628 executing it, proved by a subscribing witness to it, or
600 located in rural areas of opportunity as described in s. 629 legalized or authenticated in one of the following forms:
601 288.0656. 630 (2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.—An
602 (8)(7) Employer-based training programs established in the 631 acknowledgment or a proof taken, administered, or made outside
603 Everglades Agricultural Area or in any rural areas of 632 of this state but within the United States may be taken,
604 opportunity as designated by the Governor pursuant to s. 633 administered, or made by or before a civil-law notary of this
605 288.0656(2)(d), which include DeSoto, Glades, Hardee, Hendry, 634 state or a commissioner of deeds appointed by the Secretary of
606 Highlands, and Okeechobee Counties and the cities of Pahokee, 635 Economic Opportunity Governor of this state; a judge or clerk of
607 Belle Glade, and South Bay, and Immokalee, must include 636 any court of the United States or of any state, territory, or
608 opportunities to obtain the qualifications and skills necessary 637 district; by or before a United States commissioner or
609 for jobs related to federal and state restoration projects, the 638 magistrate; or by or before any notary public, justice of the
Page 21 of 24 Page 22 of 24
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2023 SB 1664 Florida Senate - 2023 SB 1664
21-01750B-23 20231664__ 21-01750B-23 20231664__
639 peace, master in chancery, or registrar or recorder of deeds of 668 affixed her or his official seal is sufficient as an
640 any state, territory, or district having a seal, and the 669 acknowledgment. For the purposes of this section, the term
641 certificate of acknowledgment or proof must be under the seal of 670 “civil-law notary” means a civil-law notary as defined in
642 the court or officer, as the case may be. If the acknowledgment 671 chapter 118 or an official of a foreign country who has an
643 or proof is taken, administered, or made by or before a notary 672 official seal and who is authorized to make legal or lawful the
644 public who does not affix a seal, it is sufficient for the 673 execution of any document in that jurisdiction, in which
645 notary public to type, print, or write by hand on the 674 jurisdiction the affixing of her or his official seal is deemed
646 instrument, “I am a Notary Public of the State of ...(state)..., 675 proof of the execution of the document or deed in full
647 and my commission expires on ...(date)....” 676 compliance with the laws of that jurisdiction.
648 (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN 677 Section 16. For the purpose of incorporating the amendment
649 COUNTRIES.—An acknowledgment, an affidavit, an oath, a 678 made by this act to section 288.075, Florida Statutes, in a
650 legalization, an authentication, or a proof taken, administered, 679 reference thereto, paragraph (c) of subsection (2) of section
651 or made outside the United States or in a foreign country may be 680 288.106, Florida Statutes, is reenacted to read:
652 taken, administered, or made by or before a commissioner of 681 288.106 Tax refund program for qualified target industry
653 deeds appointed by the Secretary of Economic Opportunity 682 businesses.—
654 Governor of this state to act in such country; before a notary 683 (2) DEFINITIONS.—As used in this section:
655 public of such foreign country or a civil-law notary of this 684 (c) “Average private sector wage in the area” means the
656 state or of such foreign country who has an official seal; 685 statewide private sector average wage or the average of all
657 before an ambassador, envoy extraordinary, minister 686 private sector wages and salaries in the county or in the
658 plenipotentiary, minister, commissioner, charge d’affaires, 687 standard metropolitan area in which the business is located.
659 consul general, consul, vice consul, consular agent, or other 688 Section 17. This act shall take effect July 1, 2023.
660 diplomatic or consular officer of the United States appointed to
661 reside in such country; or before a military or naval officer
662 authorized by 10 U.S.C. s. 1044a to perform the duties of notary
663 public, and the certificate of acknowledgment, legalization,
664 authentication, or proof must be under the seal of the officer.
665 A certificate legalizing or authenticating the signature of a
666 person executing an instrument concerning real property and to
667 which a civil-law notary or notary public of that country has
Page 23 of 24 Page 24 of 24
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The Florida Senate
3 - 27-23 APPEARANCE RECORD t bbl
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,a?
LA t+t ngreE / a*r,*r- Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name C[rn,s ]uo/, ft Phone 957'sv, 54? )-u
Address Ld I g ,etL /OZB Emait /rtn*,rdagsx - c*ta
tr"*{r/e,
City
t^ State
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Speaking: I ror ! Against ! lnformation OR WaiveSpeaking: ln Support I Against
PLEASE ONE OF THE FOLLOWING:
lam appearing without I am a registered lobbyist, I am not a lobbyist, but received
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oS
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The Florida Senate
3[ 2r\)3 APPEARANCE RECORD 116\ vvLk
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Deliver both copies of this form to
a Senate professional staff conducting the meeting
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Address \3\4 S 3'ronou4n Sf Email c <yTuvlboc-
Street (9rV:
t0J^oNrsS49,-
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Speaking: ! ror I Against I tnformation OR Waive Speaking: flafsupport ! Agalnst
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without ama registered lobbyist, I am not a lobbyist, but received
compensation or sponsorship. representing: something ofvalue for my appearance
(travel, meals, lodging, etc.),
V- C.\ru^!-noll/ DF
(rcrnfn-e,rrc,n_
sponsored by:
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The Florida Senate
1. L7 APPEARANCE RECORD L6
Meeting Date Bill Number orTopic
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Co rt \ €2(E Senate professional staff conducting the meeting ,",
.
Amendment Barcode (if applicable)
Committee
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compensation or sponsorship. representing: something of value for my appearance
(travel, meals, lodging, etc.),
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The Florida Senate
<lnlu Meeting Date
APPEARANCE RECORD
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l b;tt
Bill Number orTopic
Gr^ro I 41 Senate professional staff conducting the meetin g
Amendment Barcode (if applicable)
Committee
Name Phone - 06q
Address
Street
lfu S Mon.oc Email o
'Tiiluho,* ft ]zto1
City State Zip
Speaking: I ror. ! Against ! lnformation OR waive Speaking: il,.,,.,, I Against
PLEASE CT{ECK ONE OFTHE FOLLOWING:
I am not a lobbyist, but received
lam appearing without
compensation or sponsorship.
Wdrepresenting:
"resistered
lobbyist,
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- (travel, meals, lodging, etc.),
sponsored by:
flor,,,l^ flx"cfartu o{.. C"*/iu
While it is a tradition to encouroge public testimony, time may not permit all persons wishingr'dspeakto be head at this hearing.Those who do spiak may be asked to limit their remarks so
thatasmanypersonsaspossiblecanbeheard. lfyouhavequestionsaboutregisteringto'lobbypleasesee,Fla.Stat.Sll.045andJointRulel. 2020-202 2J oi ntRu les.pd f (fl se n ate.gov)
This form is part of the public record for this meeting. s-001 (08/10/2021)
The Florida Senate
APPEARANCE RECORD I \o\ot{
Meeting Date Bill Number orTopic
Deliver both copies of this form to
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\
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Street
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S ln Support I Against
PLEASE CHECK ONE OFTHE FOLLOWING:
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?alrv, bmch (,Amq
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THE FLORIDA SENATE COMMITTEES:
Regulated lndustries, Ctalr
Appropriations
Tallahassee, Florida 32399-1 100 Apbrobriations Committee on Agriculture,
Environment, and General Government
Appropriations Committee on Health
and Human Services The Florida Senate
Commerce and Tourism
Community Affairs
Transportation Committee Agenda Request
SELEGT GOMMITTEE:
Select Committee on Resiliency
SENATOR JOE GRUTERS JOINT COMMITTEE:
22nd District Joint Committee on Public Counsel Oversight,
Aftemating Chair
March 6,2023
Senator Shevrin D. "Shev" Jones
The Honorable Jay Trumbull, Chair 218 Senate Building
404 South Monroe Street
Committee on Commerce and Tourism
Tallahassee, FL 32399-l 100
310 Knott Building
404 South Monroe Street To: Chair Jay Trumbull
Tallahassee, FL 32399-1 100 Commiffee on Commerce and Tourism
Dear Chair Trumbull:
Subject: Committee Agenda Request
I am writing to request that Senate Bill 442, Secondhand Dealers to be placed on the agenda of
the next Commerce & Tourism committee meeting. Date: February 16,2023
Should you have any questions regarding this bill, please do not hesitate to reach out to me.
Thank you for your time and consideration. I respectfully request that SB 490: Family and Household Members of Homicide Victims and
Deceased Minors, and SB 492: Public RecordslRequesting Specified Leave Relating to a
Warm regards, Homicide, be placed on the:
X Committee agenda at your earliest possible convenience.
n Next committee agenda.
d
Joe Gruters
Senator Shevrin Jones
Cc: Todd McKay, Staff Director Florida Senate, District 34
Renita Hayes, Committee Administrative Assistant
REPLY TO:
O 381 lnterstate Boulevard, Sarasota, Flotida34240 (941) 378-6309
D316SenateBuilding,404SouthMonroeStreet,Tallahassee,Florida32S99-1100 (850)487-5022 File signed originalwith committee office s-020 (03/2004)
Senate's Website: www.flsenate.gov
KATHLEEN PASSIDOMO DENNIS BAXLEY
President of the Senate President Pro Tempore
THE FLORIDA SENATE COMMITTEES:
Heallh Policy, Chair
Tallahassee, Florida 32399-1 100 Judiciary, Vice Chair
Appropriations Committee on Education The Florida Senate
Appropriations Committee on Health
and Human Services
Banking and lnsurance
Fiscal Policy
Gommiftee Agenda Request
Rules
Transportation
JOINTCOMMITTEE:
Joinl Administrdive Procedures Committee
SENATOR COLLEEN BURTON
12th District
March 15,2023
To: Senator Jay Trumbull, Chair
The Honorable Jay Trumbull Committee on Commerce and Tourism
Appropriations Committee on Commerce and Tourism
310 The Knott Subject: Committee Agenda Request
404 South Monroe Street
Tallahassee,FL 32399
Date: March 20,2023
Chair Trumbull,
I respectfully request that Senate Bill#626, relating to Broadband Internet Service Providers be
I respectfully request SB 532: Money Services Businesses be placed on the Committee on placed on the:
Commerce and Tourism agenda at your earliest convenience.
X committee agenda at your earliest possible convenience.
Thank you for your consideration
next committee agenda.
Regards,
hl'*^p.**.
Colleen Burton
State Senator, District 12
CC Todd McKay, Staff Director
ilfr>,{
SenatorNick DiCeglie
Renita Hayes, Administrative Assistant
Florida Senate, District 18
REPLY TO:
O 1 00 South Kentucky Avenue, Suite 260, Lakeland, Florida 33801 (863) 413-1 529
O3lSSenateBuilding,404SouthMonroeSlreel,Tallahassee,Florida32399-1100 (850)487-5012
Senate's Website: www.flsenate.gov File signed originalwith committee office s-020 (03/2004)
KATHLEEN PASSIDOMO DENNIS BAXLEY
President of the Senate President Pro Tempore
THE FLORIDA SENATE COMMITTEES:
Appropriations Committee on Criminal
and Civil Justice, Chair
Tallahassee, Florida 32399-1 100 Criminal Justice, Vice Chair
The Florida Senate Appropriations
Appropriations Committee on Health
end Human Services
Gommiftee Agenda Request Children, Femilies, and Elder Afiairs
Community Affairs
Regulatod lndustie
SELECT COiIMITTEE:
S6lec-t Committee on Rssili€ncy
SENATOR JENNIFER BRADLEY
6ih Dislricl
March 15,2023
Senator Jay Trumbull, Chairman
To: Senator Jay Trumbull, Chair
Senate Committee on Commerce and Tourism
Committee on Commerce and Tourism
320 Senate Building
404 South Monroe Street
Subject: Committee Agenda Request Tallahassee, FL 32399'1 100
Date: March 14,2023 Dear Chairman Trumbull
I respectfully request that Senate Bill770 be placed on the committee's agenda at your
earliest convenience. This bill relates to the residential real estate listing agreements.
I respectfully request that Senate Bill#728, relating to Liveries, be placed on the:
X committee agenda at your earliest possible convenience. Thank you for your consideration.
I next committee agenda. Sincerely
Jennifer Bradley
Senator Ileana
Florida Senate, District 36 cc: Todd McKay, StaffDirector
Renita Hayes, Administrative Assistant
REPLY TO:
O 1845 EastWest Parkway, Suite 5, Fleming lsland, Florida 32003 (904) 27&2085
O 410 S6nate Building, 404 South Monroo Str€€t, Taltahass€e, Florida 32399-1 100 (850) €7-5006
S€nats's Websit€: www.fl*n ate. gpv
File signed originalwith committee office s-020 (03/2004)
KATHLEEN PASSIDOMO DENNIS BAXLEY
Presider* of t{re Senate President Pro Temporc
The Florida Senate
THE FLORIDA Gommittee Agenda Request
SENATE COiIMITTEES:
Community Affairs, Chair
Tallahassee, Florida 32399-1100 Appropriations Committee on Education
Appropriations Committee of Health and Human
Services
Education Pre-K 12
Fiscal Policy
Health Policy
Military and Veterans Affairs, Space and Domestic
SENATOR Alexis M. Calatayud Security
38th District Select Committee on Resiliency
To: Senator Jay Trumbull, Chair
March &th,2023 Committee on Commerce and Tourism
Honorable Senator Jay Trumbull Subject: Committee Agenda Request
Chair
Committee on Commerce and Tourism
Date March 13,2023
Honorable Chair Trumbull,
I respectfully request SB 752 Temporary Commercial Kitchens be placed on the next committee agenda. I respectfully request that Senate Bill #1458, relating to Roller Skating Rink Safety, be placed on
the
This bill requests defining the term "temporary commercial kitchen"; authorizing the Division of Hotels and
Restaurants of the Department of Business and Professional Regulation to adopt by rule operational n committee agenda at your earliest possible convenience
requirements for temporary commercial kitchens.
X next committee agenda.
Sincerely,
./ZzhZ /ohty',a Senator Clay
Florida Senate, District 4
Senator Alexis M. Calatayud
Florida Senate, District 39
CC: Todd McKay, Staff Director
Renita Hayes, Committee Administrative Assistant
REPLY TO:
O 110t1 SW 101$ St, STE 5101, Miami Florida 33176 (305) 596-3002
O 324 Senate Building, 404 South Monroe Slreet, Tallahassee, Florida 32399-1 1 00 (850) 487-5038 File signed originalwith committee office s-o2o (03/2004)
Senate's Websile'. www.flsenate.gov
Kathleen Passidomo Dennis Baxley
President of the Senate President Pro Tempore
CourtSmart Tag Report
Hayes, Renita
From: Dixon, Caroline Room: SB 110 Case No.: Type:
Sent: Monday, March 27,2023 12:31 PM Caption: Senate Commerce Committee Judge:
To: McKay, Todd; Hayes, Renita
Started: 3/27/2023 3:03:08 PM
Subject: Senator Hooper's Delayed Arrival
Ends: 3/27/2023 4:09:10 PM Length: 01:06:03
3:03:08 PM Chair Trumbull calls meeting to order
Good afternoon, 3:03:17 PM Roll call
3:03:21 PM A quorum is present
Just wanted to give you both a heads-up - 3:03:38 PM
3:03:48 PM
Chair Trumbull speaks
Tab 3 - CS/SB 752 on Temporary Commercial Kitchens by Senator Calatayud temporarily postponed
3:04:01 PM Senator Garcia explains Tab 2 - SB 728 on Liveries
Senator Hooper will be presenting a bill in Health Policy in the Knott building at the same time Commerce and Tourism 3:04:22 PM Chair Trumbull speaks
begins this afternoon. He has been instructed to go to Health Policy first, and then will head straight back to Commerce 3:05:22 PM Amendment Barcode 462846 by Senator Garcia explained
and Tourism when he's finished his presentation. 3:05:58 PM Questions? None
3:06:07 PM Debate? None
lf you have any questions, please don't hesitate to reach out. 3:06:10 PM Senator Garcia waives close
3:06:14 PM Amendment 462846 adopted
3:06:22 PM Public Testimony:
Thank you,
3:06:27 PM Peggy Matthews with American Watercraft Association
3:07:23 PM Maya Schilder with Xtreme H20 Sports
Caroline Dixon, J.M. 3:10:57 PM Question by Senator Stewart
District Senior Legislative Aide 3:12:18 PM Maya Schilder responds
Florida Senator Ed Hooper 3:12:21 PM Debate? None
District 21 3:12:25 PM Senator Garcia closes on SB 728
3:15:53 PM Roll call
(727) 77t-2102 3:17:04 PM Bill passes; reported favorably
3450 East Lake Road, Suite 305 3:17:15 PM Tab 5 - SB 1458 on Roller Skating Rink Safety by Senator Yarborough
Palm Harbor, FL 34685
3:17:24 PM Senator Yarborough explains SB 1458
(850) 487-5021
3:18:26 PM Amendment 903660 explained by Senator Yarborough
408 Senate Building 3:19:18 PM Questions? None
404 South Monroe Street 3:19:20 PM Public Testimony on Amendment:
Tallahassee, FL 32399-l 100 3:19:28 PM Laura Youmans with Florida Justice Association waives in support
3:19:39 PM Senator Yarborough waives close on amendment
3:19:44 PM Amendment adopted
3:19:49 PM Questions on bill?
3:19:55 PM Senator Stewart
3:20:10 PM Senator Yarborough waives close on SB 1458
3:20:20 PM Public Testimony:
3:20:22 PM Bobby Bentley with Roller Skating Association
3:20:51 PM Alicia Caridi speaking in support of bill
3:23:36 PM Question by Senator Torres
3:24:42 PM Alicia Caridi answers
3:24:47 PM Senator Torres speaks
3:25:13 PM Alicia Caridi answers
3:25:18 PM Debate?
3:25:41 PM Senator Stewart
3:25:57 PM Senator Yarborough closes on SB 1458
3:26:13 PM Roll call
3:26:27 PM Bill passes; reported favorably
3:26:46 PM Tab 1 CS/SB 532 - Money Services Businesses by Senator Burton
3:26:55 PM Senator Burton explains CS/SB 532
3:27:27 PM Questions? None
3:28:26 PM Public Testimony:
3:28:30 PM Ash Mason with Office of Financial Regulation waives in support
3:28:35 PM Debate? None
3:28:37 PM Senator Burton waives close
3:28:38 PM Roll call
1
3:28:41 PM Bill passes; reported favorably 3:47:05 PM Public Testimony? None
3:28:59 PM Tab 6 - SB 442 on Secondhand Dealer by Senator Gruters 3:47:13 PM Debate? None
3:29:20 PM Senator Gruters explains SB 442 3:47:17 PM Senator Hooper waives close on amendment and amendment adopted
3:29:39 PM Questions? None 3:47:22 PM Questions on bill? None
3:29:50 PM Public Testimony: 3:47:28 PM Public Testimony:
3:29:52 PM Mark Anderson with David Reynolds Jewelry and Coin waives in support 3:47:32 PM Kasey Denny with Palm Beach County waives in support
3:29:56 PM Emilie Socash with David Reynolds Jewelry and Coin waives in support 3:47:37 PM Jeff Scala with Florida Association of Counties waives in support
3:30:01 PM Debate? 3:47:40 PM Roy Baker with Opportunity Florida waives in support
3:30:05 PM Senator DiCeglie 3:47:45 PM Carolyn Johnson with Florida Chamber of Commerce waives in support
3:30:14 PM Senator Gruters closes on bill 3:47:50 PM Chris Doolin with Small County Coalition waives in support
3:30:45 PM Roll call 3:47:54 PM Debate? None
3:30:56 PM Bill passes, reported favorably 3:47:56 PM Senator Hooper waives close on bill
3:31:11 PM Tab 7 - SB 490 on Family and Household Members of Homicide Victims and Deceased Minors by 3:48:01 PM Roll call
Senator Jones 3:48:04 PM Bill passes; reported favorably
3:31:17 PM Senator Jones explains SB 490 3:48:20 PM Tab 9 - CS/SB 626 on Broadband Internet Service Providers
3:32:08 PM Chair speaks 3:48:25 PM Senator DiCeglie explains CS/SB 626
3:32:12 PM Senator Jones explains Amendment 811428 3:50:19 PM Questions?
3:32:20 PM Questions? 3:51:19 PM Senator Hooper
3:32:25 PM Public Testimony? 3:51:47 PM Senator DeCeglie answers
3:32:29 PM No public testimony 3:52:12 PM Public Testimony:
3:32:31 PM Debate? None 3:53:07 PM Marva Johnson with Charter Communications waives in support
3:32:35 PM Senator Jones waives close on Amendment 811428 3:53:11 PM Charlie Dudley with Florida Internet and Television Association speaks against
3:32:40 PM Amendment 811428 adopted 3:56:34 PM Drew Love with Florida Electric Cooperatives waives in support
3:32:51 PM Questions on bill? 3:57:35 PM Karen Murillo with AARP waives in support
3:33:02 PM Public Testimony: 3:57:40 PM Floyd Self with Charter Today
3:33:06 PM Patricia Ward speaks in support 3:59:12 PM Debate?
3:34:46 PM Pastor Jearlyn Dennie waives in support 3:59:23 PM Senator Stewart
3:35:46 PM Subash Kateel waives in support 3:59:56 PM Senator Torres
3:35:50 PM Michele Combs with Christian Coalition of Florida waives in support 4:00:33 PM Senator Jones
3:35:55 PM Debate? 4:00:43 PM Senator Hooper
3:36:00 PM Senator Jones closes on bill 4:01:19 PM Senator DeCliglie closes on bill
3:36:17 PM Roll call 4:02:21 PM Roll call
3:36:41 PM Bill passes; reported favorably 4:03:16 PM Bill passes; reported favorably
3:36:59 PM Motion by Senator Jones to temporarily postpone SB 492 4:03:36 PM Tab 4 - SB 770 on Residential Real Estate Listing Agreements
3:37:21 PM Motion approved by Chair Trumbull 4:03:48 PM Senator Bradley explains SB 770
3:37:25 PM Tab 10 - SB 1106 on Household Moving Services by Senator Hooper 4:04:44 PM Senator Bradley explains amendment 559776
3:37:28 PM Senator Hooper explains SB 1106 4:06:08 PM Questions? None
3:38:59 PM Questions? None 4:06:14 PM Appearance Forms? None
3:40:05 PM Public Testimony: 4:06:20 PM Debate? None
3:40:09 PM Jim Duncan waives in support 4:06:22 PM Senator Bradley wavies close on amendment
3:40:12 PM Gloria Pugh wavies in support 4:06:28 PM Amendment adopted
3:40:21 PM Debate? 4:06:31 PM Questions on bill? None
3:40:30 PM Senator Wright 4:06:36 PM Public Testimony:
3:40:38 PM Senator Hooper closes on bill 4:06:41 PM Beau Beaubien with MV Realty
3:41:25 PM Roll call 4:06:47 PM James Merritt waives in support
3:41:59 PM Bill passes; reported favorably 4:07:18 PM Libby Guzzo with Attorney General waives in support
3:42:08 PM Tab 11 SB 1108 on Fees/Moving Brokers by Senator Hooper 4:07:21 PM Karen Murill with AARP waives in support
3:42:17 PM Senator Hooper explains SB 1108 4:07:26 PM Ryan Patmintra with Zillow waives in support
3:42:37 PM Senator Hooper explains Amendment 552372 4:07:31 PM Debate?
3:42:52 PM Questions? None 4:07:35 PM Senator Gruters
3:42:54 PM Debate? None 4:07:46 PM Senator Bradley closes on bill
3:42:58 PM Senator Hooper waives close on amendment 4:08:07 PM Roll call
3:43:03 PM Amendment adopted 4:08:12 PM Bill passes; reported favorably
3:43:05 PM Questions on bill? None 4:08:31 PM Chair Trumbull asks if there are any votes after and other committee business
3:43:12 PM Debate on bill? None 4:08:40 PM Senator Rodriguez motions to vote after on SB 728
3:43:15 PM Senator Hooper waives close on bill 4:08:49 PM Chair Trumbull adopts motion
3:43:18 PM Roll call 4:08:53 PM Senator Jones moves to adjourn; meeting adjourned
3:43:29 PM Bill passed; reported favorably
3:43:38 PM Tab 12 SB 1664 on Economic Development by Senator Hooper
3:43:54 PM Senator Hooper explains SB 1664
3:45:07 PM Senator Hooper explains amendment 424206
3:46:33 PM Questions? None
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